The PrimaLoft.com website (the "Website") is owned and operated by PrimaLoft® (referred to below as "PrimaLoft®" or as "we" or "us" or "our"). Our mailing address is:
Albany, NY 12204
Eligible Users The Website is intended only for users who are at least 13 years of age. You represent that you are 13 years of age or older by accessing and using the Website.
Additional age requirements apply to user submissions of material for display on the Website. Only users who are 18 years or older are permitted to make those submissions. If you submit material to PrimaLoft® or post material on the Website, you represent that you are 18 years of age or older. See "USER SUBMISSIONS" section below.
Revisions of Terms PrimaLoft® reserves the right to revise these Terms at any time without prior notice by posting a revised version of these Terms or other notice on the Website. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms as changed. For this reason, it is your responsibility to review these Terms each time you use the Website.
Owndership of Content/Your Use of Content The Content you see and hear on the Website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights of PrimaLoft® or of third parties who have licensed their materials to PrimaLoft®.
The Content of the Website, and the Website as a whole, is intended solely for personal, noncommercial use by the users of the Website. You are granted only the limited right to use the Website and the Content for your personal non-commercial use. You may only download, print and store selected portions of the Content to a single computer, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
Except as stated above, no right, title or interest in any downloaded materials is granted or transferred to you. PrimaLoft® reserves complete title and full intellectual property rights in all Content, including any that you download from the Website.
Except as stated above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining PrimaLoft® written permission.
Prohibited Harmful Use of the Website You agree not to:
- Use automated systems or tools, or data gathering or extraction methods to access the Website or collect information from the Website or other users of the Website;
- Transmit any "trojan horse," virus or other disruptive or destructive software element or otherwise use or access the Website in any manner that could damage, disable, overburden, or impair the Website; nor
- Collect personally identifiable information of other users of the Site or to sell or otherwise exploit that information.
Third Party Websites The Website may contain (or you may be sent through the Website or by PrimaLoft®) links to, or refer or point to, websites operated by other persons or entities ("Third Party Sites"). These Terms and PrimaLoft® policies do not apply to or govern any Third Party Site. PrimaLoft® does not endorse and is not responsible for Third Party Sites or the accuracy, appropriateness, reliability, or completeness of the features, functionality, operation or content available on Third Party Sites or the policies or practices of the owners and operators of those sites. If you access a Third Party Site, you do so at your own risk. You should accordingly review the terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Website.
Product Depictions and Descriptions PrimaLoft® tries to display and depict as accurately as possible the products shown on the Website. However, the product images and details that you see depend on many factors, including the characteristics of your monitor, and we cannot assure the quality and accuracy of your monitor's display.
PrimaLoft® tries to provide up-to-date, complete and accurate information about the products featured on the Website, including product characteristics, features, functions, and prices. PrimaLoft® regrets any inconvenience or problems that may result from errors or incomplete information. But, PrimaLoft® will have no liability to you if information is erroneous or incomplete.
User Submissions PrimaLoft® welcomes your comments and the submission of material for posting on the Website, and may provide some areas of the Website ("User Posting Areas") for users to post their user-submitted material. In addition to using any User Posting Areas that PrimaLoft® may provide, you may send your submissions to: http://zukes.com/speak/general.html. As noted above, however, only persons who are at least 18 years old may submit material for posting on the Website, and you represent that you are at least 18 years old if you do so.
We emphasize, however, that we reserve the right to use all comments, feedback, notes, messages, ideas, suggestions or other communications (including any photographs, artwork, and other non-textual material in any media) (collectively, "Submissions") that you send us in any way that we choose. Accordingly, you should not send us any Submission that you do not wish to make available for our unrestricted use, including any information or material, such as product ideas, computer code or original textual works or artwork, that you consider to be confidential or commercially valuable to you.
Your submission of each Submission constitutes your irrevocable agreement to:
- Grant PrimaLoft® a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right and license to use, reproduce, modify, adapt, translate, display, distribute, publish, create derivative works from and publicly display the Submission anywhere in the world in any media, now known or hereafter devised and to otherwise exploit the Submissions and any ideas, concepts, know-how, techniques, and other information contained in or related to the Submissions for any commercial or other purpose whatsoever, including product design, development, and marketing purposes;
- Waive all moral rights in the Submissions irrevocably in favor of PrimaLoft® and its assigns.
- Grant PrimaLoft® the right to use your name and any other information that you submit in connection with your Submissions; and
- Grant other users of the Website a non-exclusive license to reproduce, transmit, display, disclose, and otherwise use all Submissions posted by you.
Therefore, you agree that PrimaLoft® will be entitled to use, reproduce, disclose, publish and distribute all Submissions you submit, in whole or in part, as originally submitted or as edited and revised by PrimaLoft® in its discretion, for any purpose whatsoever, without restriction and without compensating you in any way. Without limiting the scope of the rights granted to PrimaLoft®, we emphasize that PrimaLoft® will have the right, without compensation to you and without restriction to use and exploit the Submissions and any ideas, concepts, know-how, techniques, and other information contained in or related to the Submissions for any commercial or other purpose whatsoever, including product design, development or marketing purposes.
You are solely responsible for Submissions that you submit to us. You agree and warrant that you will not in connection with any Submission:
- Include any content that violates any law or encourages unlawful conduct;
- Include any content that infringes any rights of any other person, including copyright, trademark, trade secret, privacy, publicity or other intellectual property rights;
- Include any content that is libelous, defamatory, obscene, lewd, threatening, harassing, abusive, inflammatory or otherwise offensive;
- Include any advertisement or commercial solicitation;
- Include content that disparages any third party's business or product;
- Impersonate any person or entity or misrepresent your relationship or affiliation with any person or entity.
PrimaLoft® reserves the right to reject, remove, delete, use, and/or modify Submissions, in whole or part, based on its determinations of its appropriateness or otherwise. However, PrimaLoft® assumes and has no obligation to pre-review, monitor or control Submissions or User Posting Areas, and disclaims, and will have no, liability for any Submissions displayed in User Posting Areas or otherwise on the Website.
PrimaLoft® reserves the right to terminate access to this Website of users who post Submissions that infringe a third party's copyright, trademark, trade secret, privacy, publicity or other intellectual property rights or otherwise violate the content prohibitions stated above.
No Warranties/Limitation of Liability
THE WEBSITE AND ALL CONTENT ON IT ARE PROVIDED ONLY ON AN "AS IS" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT ALLOWED BY LAW, PRIMALOFT® DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE WEBSITE AND CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AVAILABILITY OF SERVICE, TITLE AND MERCHANTABILITY.
UNDER NO CIRCUMSTANCES, SHALL PRIMALOFT® OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF PRIMALOFT® HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF PRIMALOFT® UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Termination of Access We reserve the right in our discretion, without notice and at any time, to terminate your license and right to use the Website and to prevent you from accessing the Website if you do not fully comply with these Terms.
Copyright Infringement Claims We respect the intellectual property rights of others, and require that users of the Website, or the services or features made available on or through the Website, respect those rights.
If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- A statement by you made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Users Submissions That Infringe Third Party Copyrights PrimaLoft® will terminate the rights of access and use of this Website if a user repeatedly posts Submissions that infringe the copyright rights of another party.