80/20 Website and Mobile Application Terms of Use

Last Updated: June 24, 2015

1.    ACCEPTANCE OF TERMS

The 80/20 Internet site(s) available at http://www.8020.net/, the 80/20 mobile application, and the various content, features, and services offered on and in connection with these sites, including literature requested or software downloaded by you (collectively, the “Sites and Services”) are owned and operated by 80/20, Inc., an Indiana Corporation (hereinafter referred to as “we,” “us,” or “80/20”). This Terms of Use is a legal contract between you, an individual and/or the Company (defined below) you represent (each, hereinafter referred to as “you”) and 80/20.


PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.

2.    MODIFICATIONS OF TERMS OF USE

80/20 may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on and in connection with the Sites and Services, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide 80/20 adequate notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE SITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.

3.    OTHER RULES, POLICIES, AND AGREEMENTS

You agree that 80/20 may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services.


When using, accessing, or purchasing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. For example, 80/20 restricts access to some portions of the Sites and Services to persons with an 80/20 account and additional rules and agreements apply to those persons.


Companies.  If you are an individual using the Sites and Services on behalf of a company, entity, or other organization (each “Company”), then you represent and warrant that you are an authorized representative of that Company with the legal authority to bind such Company to these Terms of Use and you also agree to be bound by these Terms of Use both as an individual and on behalf of such Company.


Terms of Purchase.  As a condition of purchase of any product or service through the Site and Services, you agree to be bound by the Terms of Purchase, which is incorporated herein by reference and available here or by emailing support@8020inc.com.


Privacy Policy.  80/20 respects your privacy and the privacy other users of the Sites and Services. The 80/20 Website and Online Privacy Policy is available here or by emailing support@8020inc.com. and is incorporated herein by reference. The Privacy Policy explains your User’s rights and responsibilities with respect to personal information that is disclosed through the Sites and Services.

4.    USE OF THE SITE AND SERVICES

Subject to full compliance with these Terms of Use, 80/20 grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of 80/20. 80/20 may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. 80/20 shall not be liable to you or any other third party for any such modification, update, suspension or discontinuance or any other unavailability of the Sites of Services for any reason.

5.    USER CONDUCT

As a condition of your access and use of the Sites and Services and your submission or access to any communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by 80/20. By way of example, and not as a limitation, you agree not to:

  1. intentionally or unintentionally violate these Terms of Use, other applicable agreement with 80/20, any 80/20 policy, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
  2. use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party’s rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party’s rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
  3. use the Sites and Services or any Content for any purposes not authorized by this Terms of Use;
  4. reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of 80/20, which consent may be withheld by 80/20 in our sole discretion;
  5. Impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on or through the Sites and Services;
  6. harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting the nature of any relationship with 80/20, or otherwise attempt to mislead others as to the identity of the sender or the origin of any Content;
  7. knowingly provide or submit false or misleading information or fail to update outdate information you have provided or submitted;
  8. use the Sites and Services if you are under the age of eighteen (18);
  9. attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
  10. use the Sites and Services in any way that could interfere with the rights of others, including but not limited to the rights of 80/20 or the rights of other users of the Sites and Services;
  11. attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by 80/20 by hacking, password mining, or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other user of the Sites and Services;
  12. sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
  13. transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that is likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
  14. access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
  15. probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of 80/20, including any 80/20 account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by 80/20 and provided for by the Sites and Services;

6.    REGISTRATION/ACCOUNT INFORMATION

We may require that you create an account to use or access certain parts of the Sites and Services and use certain services and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Services, you agree to (a) provide 80/20 with your true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are fully responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. If you suspect or become aware of any unauthorized use of your password or of your account, you agree to notify 80/20 immediately. Creating multiple accounts, creating serial or overlapping accounts may result in account termination and the prohibition of your use of the Sites and Services. Please contact us at support@8020inc.com first if you feel you have a legitimate reason for creating and maintaining multiple accounts.

7.    TERMINATION OF ACCESS

80/20 may terminate these Terms of Use and your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and you agree not access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that 80/20 reserves the right to take action—technical, legal or otherwise—to block, nullify or deny your ability to access the Sites and Services. You understand that 80/20 may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to 80/20.


All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

8.    DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. 80/20 is not responsible for any delays, failures or other damage resulting from such problems.


The products and services made available through the Sites and Services are dependent on the vendor or merchant of those products (“Affiliate Vendors”). Affiliate Vendors operate independently of, and are not under the control of 80/20 in any way. Affiliate merchants may impose conditions or restrictions different from, or in addition to, those described in these Terms of Use. Additional information regarding any such conditions or restrictions may be found on Affiliate Vendors website or on or in connection with the products and services themselves.

9.    TRADEMARKS AND COPYRIGHTS

The trademarks 80/20®, XTREME DIY®, AUTO QUOTER X®, and THE INDUSTRIAL ERECTOR SET®, the graphics, logos, designs, page headers, button icons, scripts, and service names are the trademarks or trade dress of 80/20 in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.


You should assume all Content and material made available on the Sites and Services is protected by intellectual property law. Aside from user-submitted Content, you should assume that all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of 80/20 and/or its licensors and are protected by all United States and international copyright laws and trademark law.

10.    SUBMITTING CONTENT

As a condition of submitting any Content or other materials to the Sites or Services, you agree:

  1. to grant to 80/20 a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to 80/20 all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense the Content through multiple tiers, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
  2. that you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, 80/20, and others as described and otherwise contemplated in these Terms of Use;
  3. that 80/20 may, in its sole discretion, choose to remove or not to remove Content once published; and
  4. that you will not submit any Content that may be considered by 80/20, in its sole discretion, to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable.

If you believe any Content available through the Sites and Services violates these Terms of Use or is otherwise unlawful, you may contact us by sending an email to support@8020inc.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations.

11.    NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

80/20 respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Sites and Service who are infringers.


Notifying 80/20 of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “DMCA Notification Dept.” at support@8020inc.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512).

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney. We will need the following information from you:


Providing 80/20 with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may make reasonable attempts to contact the submitter of the affected content. If your Content has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at support@8020inc.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.

12.    WARRANTIES AND DISCLAIMERS

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER 80/20 NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, 80/20 DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE, COMPLETE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF 80/20, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL 80/20 OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL 80/20 OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.


ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 80/20 OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, 80/20'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


80/20 SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND 80/20 HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.


You acknowledge that 80/20 has no control over, and no duty to take any action regarding: other users’ behavior; which users gain access to or use the Sites and Services; what effects the Content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the Content on or in connection with the Sites and Services. You release 80/20 from all liability for you having acquired or not acquired Content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. 80/20 makes no representations concerning any Content contained in or accessed through the Sites and Services, including the accuracy thereof, and 80/20 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. 80/20 makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.


The Sites and Services may display links to other Internet sites or resources. Because 80/20 has no control over such sites and resources, you acknowledge and agree that 80/20 is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that 80/20 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.


In no event shall any reference to any third party or third party product or service or shall any link to the Sites and Services imply, be construed as an approval, guarantee, or endorsement by 80/20 of that third party or of any product or service provided by a third party.

13.    INDEMNITY

You agree to indemnify, defend and hold harmless 80/20, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to 80/20 or that you submit, transmit or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. 80/20 will have sole control of the defense of any such damage or claim.

14.    LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 80/20, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF 80/20 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY 80/20 OR THE FAILURE OF 80/20 TO PROVIDE THE SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT 80/20, ITS OFFICERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITE AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED $100 IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations or exclusions of liability or damages are not permitted. In such jurisdictions, some of the foregoing limitations and exclusions may not apply to you.

15.    NOTICE

By using the Sites and Services, you consent to receive electronic communications from 80/20 (via email or via a posting on the Sites and Services), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that 80/20 may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services.

16.    ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and 80/20. These Terms of Use supersede any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and 80/20 regarding the subject matter contained in these Terms of Use.

17.    GOVERNING LAW

These Terms of Use and the relationship between you and 80/20 will be governed by the laws of the State of Indiana, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Indiana and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that 80/20 may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Sites and Services or these Terms of Use shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.

18.    MISCELLANEOUS

If you breach any term of this Terms of Use or other agreement with 80/20, 80/20 may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. 80/20’s remedies are cumulative and not exclusive. Failure of 80/20 to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. This Terms of Use is not assignable, transferable or sublicensable by you except with 80/20’s prior written consent. We may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. Users of this Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and 80/20 as a result of these Terms of Use or use of the Sites and Services.

19.    CONTACTING US

80/20 welcomes your feedback and questions about the Sites and Services. However, any comments, ideas, notes, messages, suggestions, or other communications sent to us or submitted through the Sites and Services by you shall be considered Content and 80/20 may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation or notice to you. You agree that any communication or Content you transmit to us or submit through the Sites and Services by you is non-confidential and non-proprietary. Feedback and comments should be sent to support@8020inc.com