Welcome to the Mace Pro Security (“Mace”) Internet Site (“Site“). Mace operates this Site to provide online access to information about Mace and the products, services, and opportunities we provide. By accessing, using or browsing this Site, you acknowledge that you have read, understand, and agree to be bound by each of the terms and conditions contained and/or referenced herein (“Terms of Use”) or any other terms and conditions set forth on the Site and all such terms shall be deemed accepted by you. Additional terms and conditions applicable to specific areas of this Site or to particular content or transactions are also posted in particular areas of the Site and, together with these Terms of Use, govern your use of those areas, content or transactions. These Terms of Use, together with applicable additional terms and conditions, are referred to as this “Agreement".
If you do not agree to all these Terms of Use, you should not use this Site. If you do not agree to any additional specific terms which apply to particular Content (as defined below) or to particular transactions concluded though this Site, then you should not use the part of the Site which contains such Content or through which such transactions may be concluded and you should not use such Content or conclude such transactions.
Mace reserves the right to modify this Agreement at any time without giving you prior notice. Such modified Terms of Use shall be effective upon posting on the Site. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Agreement as modified. Check the Terms of Use published on this Site reularly to ensure tha you are aware of all terms governing your use of this Site. The last date these Terms of Use were revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Mace products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Mace reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Mace or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Mace or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Mace, for example in certain password-restricted areas of the Site and in our Frequently Asked Questions). You may not manipulate or alter in any way images or other Content on the Site without specific permission from Mace or the copyright owner.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
4. Linking to this Site
If you would like to link to the Site, you must follow Mace ’s link guidelines. Unless specifically authorized by Mace, you may not connect “hot links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site and directly link to pictures or Content contained within this site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.
5. Software
Any software available for download via the Site is the copyrighted work of Mace and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. MACE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
6. Disclaimer of Warranties
Although care has been taken to ensure the accuracy of the information on this Site, Mace assumes no responsibility therefore. MACE MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MACE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. MACE DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. MACE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MACE DOES NOT WARRANT THAT THE SITE OR THE SERVERS WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY MACE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
7. Limitation of Liability
IN NO EVENT WILL MACE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION) RESULTING FROM, ARISING OUT OF, OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF MACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. ANY ACTION BROUGHT AGAINST MACE PERTAINING TO OR IN CONNECTION WITH THIS SITE MUST BE COMMENCED AND NOTIFIED TO MACE IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, MACE ’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
8. Indemnification
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless Mace, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
9. Privacy Policy
See Mace's Privacy Policy.
10. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties. In addition, you agree, and are hereby put on notice, that you are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, inflammatory, pornographic, or profane material or any other material that could give rise to any civil or criminal liability under law. You are soley responsible for the content of any comments you make.
11. User Supplied Information
Mace does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, ideas or data you transmit to us, post to the Site, or send in connection with this Site ("User Transmissions") will be treated as non-confidential and non-proprietary and immediately become the property of Mace, subject to any privacy policies posted on the Site. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Mace the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from these User Transmissions, in any and all media, in any manner, in whole or in part, without any restriction, responsibilities, or obligation of compensation to you. You further agree that Mace may use information about your demographics and use of this Site in any manner that does not reveal your identity, or as otherwise set forth in our Privacy Policy.
12. Password Security
If you register to become a mace.com member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.
13. Entire Agreement/No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Mace of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
14. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Mace therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Mace does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
15. Enforcement/ Choice of Law/ Choice of Forum.
If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Mace’s Privacy Policy, your use of the Site, any other Mace web site, the Service, the Content and/or User Transmissions are governed by, and will be interpreted in accordance with, the laws of the State of New Jersey, without regard to any conflict of laws provisions.
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