Terms & Conditions

2. Privacy Policy. By using this Site, you acknowledge and agree that you accept and approve of Duraco’s privacy policy, which can be viewed here Privacy Policy, and the same is incorporated herein by reference (the “Privacy Policy”).

 

3. Use of Content. As a condition of your use of the Site, and any products offered via the Site, you will not utilize the Site, any of its content, material, documents, data, information, or any portions thereof (collectively, “Content”), for any purpose that is unlawful or prohibited by the provisions of the Terms of Use, or to solicit the performance of any illegal activity or any other activity that infringes upon the rights of Duraco or any third party.  You may not use the Site, or any of its Content in any manner that could damage, disable, overburden or impair any Duraco server, or the network(s) connected to any Duraco server, or interfere with any party’s use and enjoyment of the Site or any of its Content.  You may not attempt to gain unauthorized access to the Site, any of its Content, other accounts, computer systems or networks connected to the Duraco server through hacking, password mining, phishing, or any other means.  You may not obtain or attempt to obtain any Content through any means not initially made available by or through the Site.  You may not probe, scan or test the vulnerability of the Site or to any network to which the Site is connected.  You may not breach the security or the authentication measures on the Site or any network to which the Site is connected.   You agree not to use any device, software or other method to interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site or any of its products or services. Unless otherwise specifically provided, your use of the Site is for your personal and non-commercial use only. You may not modify, copy, disseminate, transmit, display, operate, reproduce, publish, license, create any derivative works from, transfer or sell any Content obtained from or through the Site. We reserve the right, in our sole and unfettered discretion, to limit or terminate your access to or use of the Site at any time with or without notice. Termination of your access or use will not waive or affect any other right or relief to which we may be entitled at law or in equity.

4. Submissions. You acknowledge and agree you are responsible for the accuracy, reliability, and legality of any information, material, data, or documents you submit to us. By submitting such information, material, data or documents to us, you grant Duraco a non-exclusive, irrevocable, world-wide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to use, copy, modify, publish, create derivative works of, distribute and display such content throughout the United States. 

5. Intellectual Property Rights. Any intellectual property rights, including but not limited to any copyrights, trademarks, or otherwise, used or provided on this Site are owned by Duraco, its affiliates, or third party providers. Any trademark on the Site is the property of its respective owners, and you agree not to use said trademark in any manner, except upon the written consent of the trademark owner. Nothing on the Site shall be construed as granting, whether by implication, estoppel or otherwise, any license or right to use any trademark or other intellectual property displayed or used on the Site without the owner’s prior written consent. Any rights not expressly granted in the Terms of Use are reserved by Duraco, its affiliates or third party providers.

6. Digital Millennium Copyright Act. We respect the intellectual property rights of others. To notify Duraco of a copyright infringement, please notify our copyright agent via email at privacy@duraco.com or via US mail at:

Duraco Speciality Tapes LLC
Attn: Legal Department
7400 W Industrial Drive
Forest Park, IL 60130

7. Third Party Sites. Our Site may provide links to thirty party websites. Any links to third party websites on our Site are provided for your convenience only and are not an endorsement or recommendation by Duraco. Should you choose to visit any third-party website linked to our Site, you do so at your own risk and Duraco shall not be responsible for the content of any third party websites linked to or from the Site. You also acknowledge and agree Duraco shall not be responsible for any claims, losses, damages, causes of action, or any other liabilities related to your use or access to any of the thirty party websites and you fully release Duraco from any liability therefrom. 

8. Indemnification.  TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS DURACO AND ITS EMPLOYEES, OFFICERS, AND AFFILIATES  FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, CONTROVERSIES, LIABILITIES, FINES, REGULATORY ACTIONS,  LOSSES, COSTS, EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES, EXPERT WITNESS FEES AND OTHER EXPENSES, WHETHER BASED IN COMMON LAW, TORT, CONTRACT, NEGLIGENCE, STATUTORY, INCLUDING ANY AND ALL FEDERAL, STATE OR LOCAL LAWS, OR OTHERWISE (COLLECTIVELY “CLAIM(S)”), ARISING FROM OR IN CONNECTION WITH ANY: (1) PATENT, TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT RELATING TO YOUR USE OR MISUSE OF THE SITE; (2) ANY BREACH OF THE TERMS OF USE; OR (3) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT. We reserve the right, at our own expense, to assume exclusive defense and control of any matter subject to indemnification by you and, in such case, you agree to cooperate with us in the defense of such matter.

9. Waiver and Release.  NOTWITHSTANDING ANYTHING IN THE TERMS OF USE TO THE CONTRARY, in consideration of your use of the Site, you hereby waive, release and forever discharge Duraco of and from any and all allegations, claims, counterclaims, debts, contracts, disputes, demands, losses, damages, equitable relief, actions and causes of action, compensation of any kind or costs, including attorneys’ and experts’ fees, of any kind or nature whatsoever, whether known or unknown, anticipated or unanticipated, discoverable or non-discoverable, suspected or not, which have arisen, or may arise directly or indirectly in connection with your use of the Site. THE RELEASE STATED HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DEPENDING ON YOUR JURISDICTION, THE LAW MAY NOT PERMIT THE RELEASE, SO THE ABOVE RELEASE MAY NOT APPLY TO YOU.

10. Disclaimer of Warranties. NOTWITHSTANDING ANYTHING IN THE TERMS OF USE TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THE SITE IS PROVIDED ON AN “AS IS” BASIS AND “WITH ALL FAULTS.” WE RESERVE THE RIGHT, IN OUR SOLE AND UNFETTERED DISCRETION, TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE THEREOF. YOU ACKNOWLEDGE AND AGREE WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE OR USE. ALTHOUGH WE MAINTAIN REASONABLE SAFEGUARDS TO SECURE THE SITE, YOU RECOGNIZE THAT ACCESS TO THE SITE WILL NOT BE SECURE, UNINTERRUPTED OR ERROR-FREE. YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND WE MAKE NO WARRANTY THAT THE SITE OR THE SERVER WILL BE FREE FROM MALWARE, VIRUSES, TROJAN HORSES, WORMS, OR OTHER HARMFUL COMPONENTS. IF YOU CHOOSE TO DOWNLOAD ANY MATERIAL, DATA, CONTENT, DOCUMENT, INFORMATION, ITEM OR OTHERWISE FROM THE SITE, YOU DO SO AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM. THE DISCLAIMERS STATED HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DEPENDING ON YOUR JURISDICTION, THE LAW MAY NOT PERMIT THE DISCLAIMER OF WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

11. Liability and Disclaimer of Damages. NOTWITHSTANDING ANYTHING IN THE TERMS OF USE TO THE CONTRARY, YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RISK AND RESPONSIBILITY FOR YOUR USE OF THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE SITE MAY NOT BE SECURE AND MAY BE INTERCEPTED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND THAT THE SITE IS MADE AVAILABLE TO YOU AT NO CHARGE. RECOGNIZING SUCH, YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER DURACO, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR THIRD PARTY CONTENT PROVIDERS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, TREBLE, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, INTERRUPTION OR LOSS OF BUSINESS, LOST GOODWILL, LOST REVENUE AND LOST OPPORTUNITY) RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE, TORT OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH US IS TO IMMEDIATELY CEASE YOUR USE OF THE SITE. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED. THE LIMITATION ON DAMAGES STATED HEREIN SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. DEPENDING ON YOUR JURISDICTION, THE LAW MAY NOT PERMIT THIS LIMITATION OF DAMAGES, SO THE ABOVE LIMITATION ON DAMAGES MAY NOT APPLY TO YOU.

12. Governing Law and Arbitration. The Terms of Use shall be construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Illinois (not including the choice of law rules thereof).  Any and all disputes, complaints, controversies, claims and grievances arising under, out of, in connection with, or in any manner related to the Terms of Use, the Site, or the relationship of parties hereunder shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Rules”). The obligation to arbitrate shall extend to any affiliate, subsidiary, officer, employee, shareholder, principal, agent, trustee in bankruptcy or guarantor of a party making or defending any claim hereunder.  Any decision and award of the arbitrator shall be final, binding and conclusive upon all of the parties hereto and said decision and award may be entered as a final judgment in any court of competent jurisdiction.  Notwithstanding said Rules, any arbitration hearing to take place hereunder shall be conducted in Chicago, Illinois, before one (1) arbitrator who shall be an attorney who has substantial experience in commercial law issues.  In the event of any arbitration between the parties hereto involving the Terms of Use or the respective rights of the parties hereunder, the party who does not prevail in such arbitration shall pay all the prevailing party’s reasonable attorneys’ and experts’ fees, costs and expenses incurred by the prevailing party in resolving said matter.  As used herein the term ‘prevailing party’ shall include, but not be limited to, a party who obtains legal counsel or brings an action against the other by reason of the other’s breach or default and obtains substantially the relief sought whether by compromise, settlement, or judgment.  Each party hereby consents to a single, consolidated arbitration proceeding of multiple claims, or claims involving two (2) or more parties.  Either party may apply to any court of competent jurisdiction for interim, temporary, or preliminary injunctive relief in aid of the arbitration proceedings, or to enforce the arbitration award, but not otherwise. Any such application to a court shall not be deemed incompatible or a waiver of this provision.  The arbitrator shall be required to make written findings of fact and conclusions of law to support its award.  Except as may be required by law, neither a party nor an arbitrator(s) may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.  By your use of the Site, you consent to the jurisdiction of the American Arbitration Association and waive any objection which you may have to any proceeding so commenced based upon improper venue or forum non coveniens.

13. Miscellaneous. The Terms of Use shall inure to the benefit of, and shall be binding upon, the respective legal representatives, successors, and assigns of each of the parties.  In the event that any of the provisions of the Terms of Use shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be enforced to the fullest extent permissible and the remaining portion of the Terms of Use shall remain in full force and effect. You have read the Terms of Use completely and have had the opportunity to seek the advice and assistance of competent legal counsel.  Duraco may immediately terminate or suspend your Site account or use of the Site at our discretion at any time and without notice. Failure to comply with these Terms of Use may result in the termination of your use of the Site and any services provided to you by Duraco. In the event that ambiguity exists or is deemed to exist in any provisions of the Terms of Use, said ambiguity is not to be construed by reference to any doctrine calling for such ambiguity to be construed against the drafter of the Terms of Use.  No statement, action, or omission of either of the parties hereto shall be considered to be a waiver of any right, including, but not by way of limitation, any failure of either party to insist upon the strict performance of any agreement, term or condition hereof, or to exercise any right or remedy consequent upon a breach thereof, during the continuation of any such breach shall constitute a waiver of any such breach or any such agreement, term or condition.  No remedy or election hereunder shall be deemed exclusive, but shall, whenever possible, be cumulative with all other remedies at law or in equity.  All headings set forth herein are included for the convenience of reference only and shall not affect the interpretation hereof, nor shall any weight or value be given to the relative position of any part or provision hereof in relation to any other provision in determining such construction.  The recitals set forth in the above preamble are incorporated herein by this reference and made a part of the Terms of Use.  As used in the Terms of Use, the plural shall be substituted for the singular, and the singular for the plural, where appropriate; and words and pronouns of any gender shall include any other gender.  Except as stated herein otherwise, this instrument is the final agreement, contains the entire, complete and exclusive agreement between the parties concerning this subject, and supersedes all prior oral or written understandings, agreements or contracts, formal or informal, between the parties.

Questions Regarding Our Terms of Use.

Should you have any questions about our Terms of Use, please contact us by clicking this link: Contact Form, e-mail us at privacy@duraco.com, or write to us at:

Duraco Specialty Tapes LLC
Attn: Legal Department
7400 W Industrial Drive
Forest Park, IL 60130