The Bearon Site is a business-to-business site intended and offered only for use by customers or potential customers, suppliers, partners or employees of Bearon, with requisite authority and legal capacity to form a binding contract with Bearon and meet this requirement. If you do not meet these requirements, you must not access or use the Bearon Site.
Online Orders. All purchases, orders and other transactions through the Bearon Site or resulting from your visits, are governed by the rules, policies, guidelines, warranties, and other terms and conditions that are specific to such transactions (“Transaction Terms”). You agree to comply with the Transaction Terms and agree that the Transaction Terms will have priority and control with respect to the corresponding transaction.
Intellectual Property. The Bearon Site and its contents, features and functionality (including without limitation, the information, text, graphics, images, audio, video, catalogs, inventory, and the selection, design, look-and-feel, and arrangement) (collectively, the “Bearon IP”) are the property of Bearon and its licensors, and/or the providers of such materials, and are protected by US and international copyright, trademark, patent, and other intellectual property or proprietary rights laws. Bearon IP is made available solely for and in connection with your authorized, lawful use of the Bearon Site, and Bearon IP may not be copied, stored, distributed, modified, displayed, performed, republished, excerpted, or otherwise used or exploited for any purpose, including by the creation of any derivative works. All rights not granted expressly are reserved.
The Bearon Site contains trademarks, service marks, logos, and other marks owned by Bearon or third parties (“Trademarks”). All Trademarks used on the Bearon Site are the property of Bearon or the respective owner(s), and use shall inure to the benefit of Bearon and/or the respective owner.
Security and Responsibility for Your Account. You agree that you are solely responsible for your own security in using the Bearon Site, and for implementing any precautions you consider to be necessary or appropriate for your use of the Bearon Site. You agree to provide and to maintain correct, current, and complete information for any registration or account that you may establish with Bearon. You are further solely responsible for assuring the security and confidentiality of your account information, including the security and confidentiality of your passwords. It is your responsibility to notify Bearon immediately and to take appropriate action under the circumstances if you know or suspect that there is any breach of your account.
For any account you establish for or use with Bearon or the Bearon Site, you must complete the registration process by providing Us with current, complete and accurate information as provided in the applicable registration form. You agree that Bearon is the sole owner of the information collected via the Bearon Site. Furthermore, you are entirely responsible for any and all purchases, transactions, orders, and other activities that occur under or using your account.
You are responsible for any User Contributions you submit or contribute, and you, not Bearon, have full responsibility including for its legality, reliability, accuracy, completeness, currency, and appropriateness. Bearon is not responsible or liable to any third party for any User Contributions.
Do not send to Bearon any confidential or proprietary information through the Bearon Site. Any information or material sent to Bearon will NOT be treated as confidential. You also agree that Bearon is free to use any ideas, concepts, know-how, or techniques that you send Us for any purpose. However, We will not release your name or otherwise publicize the fact that you submitted materials or other information to Us unless: (a) We obtain your permission to use your name, or (b) We first notify you that the materials or other information you submit to a particular part of the Bearon Site will be published or otherwise used with your name on it; or (c) We are required to do so by law.
Disclaimer of Warranty. THE BEARON SITE, INCLUDING WITHOUT LIMITATION ALL CONTENT, INFORMATION, PRODUCTS, AND SERVICES MADE AVAILABLE TO YOU VIA THE BEARON SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXCEPT AND SOLELY TO THE EXTENT EXPRESSLY PROVIDED OTHERWISE IN WRITING, BEARON DISCLAIMS AND MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED OR OTHER WARRANTIES: (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY, ACCURACY, TIMELINESS, COMPLETENESS, RELIABILITY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS, OR SYSTEM INTEGRATION; (II) CONFORMANCE TO ANY DEMONSTRATION OR PROMISE; (III) ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE; OR (IV) THAT THE BEARON SITE WILL BE FREE OF ERRORS OR DEFECTS, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING, YOUR USE OF THE BEARON SITE IS AT YOUR SOLE RISK.
Where the Bearon Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval or an endorsement by Us of those linked websites or of any information you may access or obtain from them. We have no control over the contents of those sites or resources, and use or access to those sites is at your sole risk.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEARON OR ANY OF ITS AFFILIATED ENTITIES BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND, ARISING FROM OR RELATED TO THIS AGREEMENT, THE BEARON SITE OR ITS USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT BEARON’S MAXIMUM AGGREGATE LIABILITY ARISING FROM OR RELATED TO THE BEARON SITE AND ITS USE SHALL BE LIMITED TO YOUR ACTUAL DIRECT DAMAGES INCURRED, NOT TO EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID FOR THE TRANSACTION OR SERVICE DIRECTLY GIVING RISE TO THE DAMAGE.
THE PRECEDING LIMITATIONS AND EXCLUSIONS OF LIABILITY APPLY TO ALL TYPES AND CAUSES OF ACTION, INCLUDING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, RELIANCE, NEGLIGENCE, AND OTHER TORTS, TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
We do not exclude or limit in any way our liability to you where or to the extent it would be unlawful to do so, including regarding limitations or exclusions of liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation where the law prohibits such limitations or exclusions.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Transaction Terms.
Additional Acknowledgement. If you are a business user, without limiting any of the preceding, for the avoidance of ambiguity or doubt, we exclude all implied conditions, warranties, representations or other terms that may apply to the Bearon Site or any content on it. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: (i) use of, or inability to use, the Bearon Site, (ii) use of or reliance on any content displayed on the Bearon Site, or (iii) loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation; or any indirect or consequential loss or damage.
Geographic Restrictions. Access to the Bearon Site may not be legal by certain persons or in certain countries. If you access the Bearon Site from outside the United States, you do so on your own initiative and are solely responsible for assuring your compliance with local laws.