The use of the sanmark.net website (this "Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies and terms and conditions of sale appearing on this Website. Your use of this Website in any manner, whether browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Sanmark Investments, (Sanmark), reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Therefore, we recommend that you please read them carefully each time you use this Website.
Please note that the guidelines, policies and other terms and conditions of use and sale at Sanmark Products LTD, ("Sanmark") and other Sanmark-affiliated or co-branded websites may vary.
You may access and view the Content (as defined below) appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the Content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark or other proprietary notices contained on the Content, (b) do not modify or alter the Content in any way and (c) do not make the Content available to any third party. Sanmark reserves complete title and full intellectual property rights in any Content that you download from this Website.
You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (i) misrepresenting the identity of a user; (ii) tampering with this Website; and (iii) conducting fraudulent activities.
The Sanmark logos and trademarks, as well as other marks, trade names, trademarks and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy or manipulate such logos in any manner without the prior written consent of the owner.
The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information and software (collectively, "Content") are subject to copyright, trademark, or other proprietary rights or licenses held by Sanmark or a Sanmark affiliate or by third parties who have licensed their rights to Sanmark. All Content is copyrighted as a collective work under the U.S. and international copyright laws and Sanmark owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Website. Except as provided above, you may not make copy, modify or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, "and frame" the Content in any manner or sell or attempt to sell the Content.
Submissions to www.sanmark.net and Affiliated Servers
Any remarks, suggestions, ideas, messages and data submitted by you to Sanmark through this Website or other Sanmark-affiliated websites (collectively, the "Messages") shall be and remain the exclusive property of Sanmark. Therefore, Sanmark discourages you from submitting Messages that you do not wish to assign to Sanmark, including confidential information or any original creative materials such as product ideas or original works.
You represent and warrant to Sanmark, and accept responsibility for, the accuracy, appropriateness and legality of the Messages. Your submission of such Messages shall constitute an assignment to Sanmark of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in the Messages. Sanmark is entitled to use, copy modify, disclose, distribute and make derivative use of any of the Messages for any purpose without restriction or compensation in any way to you.
Modification of Content
Sanmark attempts to ensure that the Content on this Website is complete and current. As indicated in the DISCLAIMERS set forth below, Sanmark does not guarantee that the information contained on this Website will not contain errors, inaccuracies or omissions. Such errors, inaccuracies or omissions may relate to price or to product description or availability. Sanmark reserves the right to correct any error, inaccuracy or omission or to change or update the Content without prior notice to you. Further, Sanmark reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged.
ALL CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY ADVICE THAT MAY BE GIVEN TO YOU OVER THIS WEBSITE, ARE PROVIDED "AS IS" AND ALL USE OF THIS WEBSITE IS AT YOUR OWN RISK. Sanmark DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND LIABILITIES OF Sanmark, WHETHER EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, WITH RESPECT TO THIS WEBSITE AND ANY CONTENT ON THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY: (A) IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) IMPLIED WARRANTY OF NON-INFRINGEMENT; AND (C) CLAIM IN TORT (INCLUDING NEGLIGENCE). WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT Sanmark DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE WILL BE ACCESSIBLE WITHOUT INTERRUPTION OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
Sanmark reserves the right to refuse or cancel any orders placed for products and/or services for which the sale or use of such products and/or services in your state is restricted or prohibited.
To properly serve all customers, Sanmark reserves the right to limit quantities.
Sanmark may display advertising prints for products sold through this Website. Sanmark attempts to display the colors of the products shown on this Website as accurately as possible. However, we cannot guarantee that the color you see matches the product color, as the display of color depends, in part, upon the type of computer monitor used by you.
Limitation of Liability
IN NO EVENT SHALL Sanmark, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE-WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF Sanmark OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN Sanmark TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
By accessing and using this Website, you agree that your access and use of this Website is subject to the Terms and Conditions, and all applicable laws, as governed by the laws of the State of Illinois, without giving effect to any principles or conflicts of laws.
Links to Third Party Websites
The Terms and Conditions constitute the entire agreement between you and Sanmark with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and Sanmark with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by Sanmark. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.