Terms & Conditions

PLEASE READ THESE TERMS OF USE OF USE CAREFULLY BEFORE USING THIS WEBSITE. Your use of this website is expressly conditioned on your acceptance of the following Terms of Use. By using this website, you signify your assent to these Terms of Use. If you do not agree with any part of the following Terms of Use, you must not use this website.

Copyright © 2010, Bornquist, Inc. ALL RIGHTS RESERVED.

1. OWNERSHIP. This website, and each of its components, is the copyrighted property of Bornquist Inc. (“Bornquist”), and its various third-party providers and distributors. Portions of the content found on this website may be owned by third-party providers and distributors and is the copyrighted work of the respective third-party providers. None of the content or data found on this website may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Bornquist and its third-party providers and distributors. In addition, the trademarks, logos and service marks displayed on this website (collectively, the “Trademarks”) are registered and common law trademarks of Bornquist, its affiliates, and various third parties. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Bornquist or such other party that may own the Trademark.

2. USE OF SITE. You may only use this website to browse the content, make inquiries to Bornquist, order Bornquist products and not for any other purposes. This site and the content provided in this website may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Bornquist, except that you may download, display and print one copy of the materials presented on this website on a single computer for your personal, non-commercial use only. ‘Deep-linking,’ ’embedding’ or using analogous technology is strictly prohibited unless specifically authorized in writing. Unauthorized use of this website and the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers is prohibited. You are prohibited from posting to or transmitting from this website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links from this website to any other websites are provided for your information and convenience only. Bornquist does not assume any responsibility or liability with respect to any website linked from this website (or any website linking to this website), including its content and operation. Bornquist does not review or monitor such links. A link from this website to another website (or a link from another website to this website) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. While this website may contain “links” to other sites, we are not responsible for the content or the privacy practices employed by other sites. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, without the prior express consent from an authorized officer of Bornquist (such consent is deemed given for standard search engine technology employed by Internet search web sites to direct Internet users to this site).

3. AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this website and to create binding legal obligations for any liability you may incur as a result of the use of this website. You understand that you are financially responsible for all uses of this website by you and those using any password you are provided.

4. PRIVACY. You represent that you have read the Bornquist Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Bornquist by Bornquist and its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Bornquist Privacy Policy.

5. EXCLUSION OF WARRANTY. BORNQUIST AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” BASIS. BORNQUIST AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THIS WEBSITE WILL BE FREE OF DEFECTS, VIRUS OR OTHER HARMFUL ITEMS. BORNQUIST WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THIS WEBSITE OR THE BORNQUIST COMPUTER SYSTEM. THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although we strive to provide on this website the latest developments relating to our products and services, and other information about our company, we do not warrant the accuracy, effectiveness and suitability of any information contained in this website. Each person assumes full responsibility and all risks arising from use of this website or from the passage of data across the Internet which is not secure and which is subject to impairments of service and delays. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. Bornquist may make additions, deletions, or modifications to the Information at any time without any prior notification.

6. LIMITATION OF LIABILITY. BORNQUIST ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING OF THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE WEBSITE. IN NO EVENT WILL BORNQUIST BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (i) ANY USE OF THIS WEBSITE OR CONTENT FOUND HEREIN, (ii) ANY FAILURE OR DELAY, OR (iii) THE PERFORMANCE OR NON-PERFORMANCE BY BORNQUIST, EVEN IF BORNQUIST HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO YOU. NOTWITHSTANDING THE FOREGOING LIMITATIONS, IN NO EVENT WILL THE TOTAL, CUMULATIVE LIABILITY OF BORNQUIST FOR DAMAGES UNDER THESE TERMS OF USE EXCEED ONE HUNDRED UNITED STATES DOLLARS (US$100.00). Certain jurisdictions might not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

7. INDEMNIFICATION. You will defend and indemnify Bornquist and its officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this website.

8. SUBMISSIONS. “Submissions” means all comments, feedback, suggestions, photos, e-mail and similar information or materials that you submit to Bornquist regarding the products or services of Bornquist. Submissions will not be confidential and will become the property of Bornquist upon submission to Bornquist. By providing any Submissions, you agree to assign to Bornquist, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to Bornquist will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Bornquist, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright.

Except as expressly stated and agreed upon in advance by Bornquist, no confidential relationship will be established if any user of this website should make any oral, written or electronic communication to Bornquist (such as feedback, questions, comments, suggestions, ideas, etc.). If any Bornquist website requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Bornquist will obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Bornquist will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Bornquist is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

9. PRICES AND AVAILABILITY. PRICES AND AVAILABILITY OF PRODUCTS AND SERVICES LISTED ON THIS WEBSITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. The listing, description of, or reference to, a product or a service on the website does not imply that the product or service is presently available. If a product or service is listed at an incorrect price due to a typographical error, error in pricing information received from a third party, or for any other reason, Bornquist reserves the right to correct any such information. Products shown on the website are not intended to be a guaranty that such products are in Bornquist’s inventory or available from other sources.

10. COLORS. Bornquist attempts to display the colors of our products as accurately as possible. Nevertheless, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

11. REGISTRATION AND SECURITY. If you wish to register to obtain information from Bornquist, or otherwise to use certain services on the website, you will be required to provide certain information to us. By entering any information on the website, you represent and warrant that: (i) you are at least 18 years of age; (ii) you are using your actual identity; (iii) you have provided only true, accurate, current and complete information; and (iv) you will maintain and promptly update the information that you provide to keep it true, accurate, current and complete. We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. All information provided to us will be used in accordance with our Privacy Policy.

Certain individuals will be given a password upon completing their registration process on the website that allows such individuals to access additional information on the website. You will be responsible for: (i) keeping the password confidential; (ii) any activity on the website that originates with your password and (iii) reporting if your password is stolen or lost. You agree not to attempt to bypass any security mechanisms in place on the website or otherwise on Bornquist’s computer system, or use any of Bornquist’s systems or services to attempt to bypass any security mechanisms in place on any remote system.

12. RELATIONSHIP. Your use of this website is independent of Bornquist and not as an employee, agent, partner, or joint venturer with Bornquist for any purpose.

13. GOVERNING LAW. This Agreement and its performance will be governed by the laws of the State of Illinois, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in the State of Illinois, in all questions and controversies arising out of your use of this website and this Agreement.

14. ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.

15. MODIFICATION. Bornquist may at any time modify these Terms of Use in our discretion without notice. Your use of this website will be conditioned upon the Terms of Use posted on our site at the time of your use. Please be sure to review our Privacy Policy before proceeding to use our website.

16. ADDITIONAL TERMS. Additional Terms of Use may apply to purchases of goods and services and other uses of portions of this website, and you agree to abide by such other Terms of Use.

17. SEVERABILITY. These Terms of Use will be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision will nonetheless be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions.

18. HEADINGS. The headings used in these Terms of Use are included by convenience only and will not limit or otherwise affect these Terms of Use.

19. ENTIRE AGREEMENT. These Terms of Use, together with those incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this website.

20. PRESS RELEASES. The information contained within press releases issued by Bornquist should not be deemed accurate or current except as of the date the release was posted. Bornquist has no intention of updating, and specifically disclaims any duty to update, the information in the press releases.

21. COPYRIGHT ACT AGENT. Bornquist respects the intellectual property rights of others, and requires that the people who use the website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent 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 you, 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 is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

Copyright Agent
Bornquist, Inc
7050 North Lehigh Avenue
Chicago, IL 60646

Last Revised May, 2010