By accessing this web site, you are agreeing to these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this web site are protected by applicable copyright and trade mark law. If you choose to obtain a quote or place an order with RapidMolds.com outside of this website, via phone, electronic mail, or otherwise, these same terms and conditions will be deemed in effect upon the first time you access the website or otherwise request a quote.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on RapidMolds.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on RapidMolds.com's web site;
iv. remove any copyright or other proprietary notations from the materials; or
v. transfer the materials to another person or "mirror" the materials on any other server.
b. This use license shall automatically terminate if you violate any of these restrictions and/or if we are unable to authenticate or verify any information you provide. Licensing may be terminated by RapidMolds.com at any time for any reason. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on RapidMolds.com's web site are provided "as is". RapidMolds.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, RapidMolds.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall RapidMolds.com or its suppliers be liable for any damages including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the materials on RapidMolds.com's website, even if RapidMolds.com or a RapidMolds.com authorized representative has been notified orally or in writing of the possibility of such damage.
All products produced and sold by RapidMolds.com are warranted to conform with such specifications as mutually agreed upon by the parties. In the event that, within three (3) business days of your receipt of the product, you shall determine that any product is not in conformity with such specifications, you shall return such product to RapidMolds.com for analysis. We will have five (5) business days to complete our analysis of such product. If the product does not meet the agreed upon specifications, RapidMolds.com shall, at our sole option, either (i) replace such product with a corresponding product that meets such specifications, or (ii) accept for return such product for credit or refund.
6. Customer Indemnification
You agree to indemnify RapidMolds.com, its affiliates, parent and subsidiaries from and against any and all claims and damages of any kind (including attorneys fees) resulting from your use of RapidMolds.com’s services, Website, or from your breach of any provision of this Agreement.
7. Customer Responsibilities
As our customer, you are responsible for all orders placed and for ensuring that all information provided in a quotation is accurate and complete. If you use RapidMolds.com’s website, you agree that you shall not use any device, software or routine, including but not limited to any viruses, Trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the proper working of this website or to intercept or expropriate any system, data or personal information from the website.
8. Your Data
You represent and warrant that you own or have the right to submit designs, drawings, models or CAD data (“Data”) to use through RapidMolds.com’s website for the purpose of obtaining products and services. You hereby grant RapidMolds.com a non-exclusive, transferable license to copy, modify, and use Data that you submit through the RapidMolds.com solely for the purpose of providing the products and services you have requested. In the event that you modify information related to Data, you further agree that you: a) are authorized or have authorized a person to modify this information; b) have accurately entered all such information; c) you are solely responsible for the consequences of any errors in the entry of information; and d) you are solely responsible for all use of this website by anyone you designate to have access to such Data, including any changes made to Data.
“Confidential Information” means any information that you disclose to RapidMolds.com (including without limitation to any of its directors, officers, employees, representatives, professional advisers or other agents (collectively, “Representatives”)), whether in writing, orally, by inspection of objects or otherwise. Confidential Information does not, however, include any: (a) information that was publicly known and made generally available in the public domain prior to the time of disclosure to RapidMolds.com, or becomes publicly known and made generally available after disclosure to RapidMolds.com by you through no action or inaction of RapidMolds.com or its Representatives; (b) information in your possession, without confidentiality obligations to RapidMolds.com, at the time of disclosure as shown by RapidMolds.com’s files and records prior to the time of disclosure; (c) information that is later disclosed to RapidMolds.com by a third party under no obligation of confidentiality to you and without violation of this Agreement by RapidMolds.com or its Representatives; (d) information that is independently developed by RapidMolds.com; or (e) information that is required to be disclosed by law or governmental rule or regulation, or in connection with any judicial proceeding. RapidMolds.com will not use any Confidential Information for any purpose except for the purposes of quoting and manufacturing injection molds and/or injection molded parts. RapidMolds.com will not disclose any Confidential Information to any individual, entity or organization, except to any of the RapidMolds.com’s Representatives as required for the purposes described herein. RapidMolds.com will use the same degree of care (but no less than a reasonable degree of care) to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information as RapidMolds.com employs with respect to its own confidential and proprietary information. Upon your written request, RapidMolds.com will destroy all documents containing or representing Confidential Information and all copies thereof, and erase any such Confidential Information from RapidMolds.com’s computer systems except electronic copies that are electronically archived and not readily accessible. If requested by you, RapidMolds.com will provide written confirmation of such return or destruction and erasure to you.
10. Orders and Payments
Once you have obtained a quote from the RapidMolds.com or from the Price Match Plus service, you may accept such quote and submit your order requesting that RapidMolds.com produce your desired product. The total fees for each order will include the applicable quote, all applicable taxes and all applicable shipping charges. To submit an order, you must pay all fees either (a) in advance through the use of your credit card or (b) pursuant to such credit terms as pre-approved by RapidMolds.com. Once you receive an electronic or other confirmation of your order, such order is binding on you and may not be cancelled except by mutual agreement. RapidMolds.com reserves the right to cancel any order, without limitation, within two business days of receipt of the order.
11. Title, Risk of Loss and Delivery
If conditions arise which prevent compliance with delivery schedules, RapidMolds.com will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, RapidMolds.com will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to you upon shipment.
12. Revisions and Errata
The materials appearing on RapidMolds.com's web site could include technical, typographical, or photographic errors. RapidMolds.com does not warrant that any of the materials on its web site are accurate, complete, or current. RapidMolds.com may make changes to the materials contained on its web site at any time without notice. RapidMolds.com does not, however, make any commitment to update the materials.
RapidMolds.com has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by RapidMolds.com of the site. Use of any such linked website is at the user's own risk.
15. Governing Law
Any claim relating to RapidMolds.com's web site shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions.