Ben Clements & Sons, Inc. / Clements Industries, Inc. (“CLEMENTS”) welcomes links to its website, www.tach-it.com, (or any web sites, URL’s or web site links owned/controlled by CLEMENTS) (collectively known as the ‘Web Site”), provided, however, that you are only permitted to link to the Web Site if you agree to the conditions described below (the “Linking Conditions”). In the event you establish a link to the Web Site, you will be deemed to have read, understood and agreed to the terms of this Agreement and the Linking Conditions as set forth below.
You may link to any page of the Web Site so long as You comply with the terms of this Linking Agreement, and any other terms governing the Web Site. Nothing in this agreement shall grant to you any rights in the tach-it.com site or any other intellectual property of CLEMENTS or any of its affiliates, other than as expressly set forth herein.
CLEMENTS grants you a limited, non-exclusive, non-transferable, royalty-free license to use the TACH-IT service mark and Internet icon(s), if available, (the “Licensed Marks”) for the sole purpose of serving as a link from your website to the Web Site. Except for the limited license to use the Licensed Marks granted in this paragraph, you may not use any of CLEMENTS’ trademarks or service marks (collectively, the “Marks”) for any reason without CLEMENTS’ prior written permission.
As partial consideration for this Linking Agreement, you agree that you will provide after sale installation and support for any product purchased from CLEMENTS and resold by you, or in the alternative, prior to taking any order, you will prominently and affirmatively notify your customer that any sale made by you does not include installation and support for such product.
All text, graphics, photographs, trademarks, logos, and artwork, including the look and feel of the Web Site, ( “Content”), contained on the Web Site is owned, controlled or licensed by or to Clements, and is protected by trade dress, copyright, patent and trademark laws.
Except as expressly provided in this Agreement , no part of the Web Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, in any way to any other web site for publication or distribution without Clements’ consent.
You will not directly or indirectly contest or infringe these rights. Additionally, your web site shall not:
- create frames around the Web Site or otherwise alter the visual presentation of the Web Site;
- imply that CLEMENTS is endorsing you or your products and services;
- imply an affiliation between you and CLEMENTS without prior written consent by CLEMENTS;
- present false or misleading impressions about CLEMENTS’ products and/or services;
- use the Web Site or links to the Web Site to promote any third party products;
- contain materials that my be interpreted as distasteful or offensive;
CLEMENTS grants this right to link for convenience only and no partnership or endorsement relationship is intended or formed thereby. CLEMENTS shall have no responsibility or liability for any content appearing on your web site.
CLEMENTS may, at any time, in its sole discretion and without notice, terminate your license to use the Licensed Marks and your right to link to the Web Site. If CLEMENTS exercises this right, you must immediately remove all links to the Web Site and cease using the Licensed Marks.
CLEMENTS may amend these Linking Conditions at any time. You agree to abide by these Linking Conditions and other terms and conditions on the Web Site as amended from time to time. This Linking Agreement and other terms and conditions related to the use of the Web Site will be construed according to the laws of the state of New York, United States, without regard to its conflict of law provisions. By using this Web Site you consent to the exclusive personal jurisdiction and venue of courts located in the state of New York, United States, regarding all disputes related to the Web Site or this Agreement.
