All content and functionality on the Site, including text, graphics, logos, icons, and images and the selection and arrangement thereof, is the exclusive property of WilsherCo, Inc. /WILECO is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on the Site are the registered and unregistered Trademarks of WilsherCo, Inc. / WILECO and its licensors. You agree that you will not refer to or attribute any information to WilsherCo, Inc. / WILECO or its licensors in any public medium (e.g., press release, Web sites) for advertising or promotion purposes, or for the purpose of informing or influencing any third-party and that you will not use, or reproduce any Trademark of, or imply any endorsement by or relationship with, WilsherCo, Inc./WILECO or its licensors.
3. Use of Site Content
WilsherCo, Inc. /WILECO hereby grants you a non-exclusive, non-transferable license for the term hereof to access and download, display, and print one copy of the content and functionality displayed on the Site (the “Site Content”) on any single computer solely for your internal, business use, provided that you do not modify the Site Content in any way and that you retain all copyright and other proprietary notices displayed on the Site Content. You may not otherwise reproduce, modify, distribute, transmit, post, or disclose the Site Content without WilsherCo, Inc./WILECO prior written consent.
4. User Postings
You acknowledge and agree that WilsherCo, Inc. /WILECO shall own and have the unrestricted right to use, publish, and otherwise exploit any and all information that you post or otherwise publish on the Site in postings, survey responses, and otherwise, and you hereby waive any claims against WilsherCo, Inc. /WILECO for any alleged or actual infringements of any rights of privacy or publicity, moral rights, or rights of attribution in connection with WilsherCo, Inc./WILECO use and publication of such submissions. You covenant that you shall not post or otherwise publish on the Site any materials that (a) are threatening, libelous, defamatory, or obscene; (b) would constitute, or that encourage conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate law; (c) infringe the intellectual property, privacy, or other rights of any third parties; (d) contain a computer virus or other destructive element; (e) contain advertising; or (f) constitute or contain false or misleading statements. WilsherCo, Inc./WILECO does not and cannot review all information posted to the Site by users and is not responsible for such information. However, WilsherCo, Inc./WILECO reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason or for no reason.
5. Notices of Infringement and Takedown by WilsherCo, Inc. / WILECO
WilsherCo, Inc. / WILECO prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to WilsherCo, Inc./WILECO at the address shown below, giving a written statement that contains: (a) identification of the copyrighted work and/or intellectual property right claimed to have been infringed; (b) identification of the allegedly infringing material on the Site that is requested to be removed; (c) your name, address, and daytime telephone number, and an e-mail address if available; (d) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and (f) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. WilsherCo, Inc./WILECO will remove any posted submission that infringes the copyright or other intellectual property right of any person under U.S. law upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT WilsherCo, Inc. / WILECO IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE AND SERVICES TO YOU. ALL CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WilsherCo, Inc. / WILECO AND ITS THIRD-PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, OR ADEQUACY OF THE SITE CONTENT. WilsherCo, Inc./WILECO SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEB SITES, CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE SITE, OR PROVIDED BY THIRD PARTIES. NEITHER WilsherCo, Inc. /WILECO NOR ITS THIRD-PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR FOR LOST REVENUES OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
7. Third-Party Web Sites
8. Governing Law; Jurisdiction
These Terms are governed by the laws of the State of Texas without reference to the principles of conflicts of laws thereof.
9. Terms and Conditions of Product Sales
Our quotation on the goods named, subject to the conditions listed below, and the conditions of sale and warranties of the specific manufacturer of these products. Our price quotation constitutes an offer at Seller’s option for a contract under the Uniform Commercial Code. Acceptance may be made verbally, but must be confirmed in writing, unless waived by the purchaser, before production or shipment of goods. Contracts formed by acceptance of this offer shall be performable in and construed under the laws of the State of Texas. Terms stated herein are not subject to changes unless such changes are approved in writing by the Home Office of the seller. Terms inconsistent with those stated herein which may appear on writings of the Purchaser will not be binding on the Seller unless the Seller agrees specifically to such terms in writing prior to shipment. Changes in this offer may be made by the Seller at any time prior to shipment or receipt of written acceptance from Purchaser. Errors or omissions are subject to correction and purchaser will be notified if shipment has not occurred. Shipping dates are estimates only. Prices stated above do not include sales, use, excise, gross receipts, or taxes unless shown. All major credit cards are accepted. Purchaser by his acceptance of this quotation in whole or part agrees to pay in addition to the price stated all such taxes as may now or hereafter be applicable. Credit must be approved prior to shipment. With approved credit, our terms are net thirty (30) days from date of invoice unless otherwise agreed upon. Please return a copy of this quotation with your Purchase order. All pricing is F.O.B. ship point. All outgoing freight charges are for customer’s account. Pro-rated incoming freight and/or handling charges may be added. In absence of specific shipping instructions, we will ship, best way – our discretion. WilsherCo makes no warranties in addition to or in substitution of the warranties of the manufacturers we represent or whose products we sell. The only warranties offered are those of the manufacturers.