Terms & Conditions

CUSTOMER PORTAL TERMS AND CONDITIONS

This website is owned and operated by IDEAL INDUSTRIES, INC. Your use of this website is governed by and subject to these Terms and Conditions, IDEAL’s Terms of Use, and our Privacy Policy. BY USING THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, OUR TERMS OF USE AND OUR PRIVACY POLICY.   

      Parties

This document ("Agreement") contains important information regarding the terms and conditions which apply to you and your Account (referred to as "you" "your" and/or "Account"). All rights conveyed under the terms and provisions of this Agreement apply to IDEAL INDUSTRIES, INC., its agents and assigns (referred to as "IDEAL", "IDEAL INDUSTRIES", "Company", "we", "us", "our", or "ours").

      Terminology

For the purposes of this Agreement, the term “User Account” shall refer to the account created during registration which provides you with login credentials – a login ID and password – granting you login capabilities to the website. The term “Customer Account” shall refer to the business account established with IDEAL in order to conduct business with us. A customer account is represented by an account number starting with the letter “D” followed by five digits.

      Headings are Descriptive

The heading of each provision hereof is for descriptive purposes only and shall not be deemed to modify or qualify any of the rights or obligations set forth in each such provision.

      Amendments

We may at any time amend these Terms and Conditions from time to time.  We will inform you of any material changes to these Terms and Conditions.  [SM1] By continuing to use this website after such notice, you agree to be bound by the modified Terms and Conditions.

         Entire Agreement

This Agreement represents the entire agreement between you and us concerning the subject matter herein. Certain supplements, policies and/or procedures ("Postings") may be further outlined on the IDEAL website and by your use of our website and services, you agree to be bound by any and all Postings. You may not assign any right or obligations hereunder without first obtaining the prior written consent of an authorized officer of IDEAL.

      Binding Agreement

Use of this website is available only to those users who are in compliance and agreement with these terms and conditions of use as well as the other terms and conditions referenced elsewhere on this Agreement or website. Please note that by accessing, viewing, using, or downloading materials from the website, you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

      Ownership

You have no ownership rights in the website or in the Materials. Rather, you have a license to download, access, view, use and display this website and the Materials as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the website and the Materials and all intellectual property rights therein shall remain at all times with the Company or their respective owners.

      Limitation of Access

If you are a registered user of this website, you are responsible for maintaining the confidentiality of your Account and password. If you use this website, you are responsible for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.

You acknowledge, represent and warrant that you have received a password which provides access to your Account and that you are the sole and exclusive owner and are the only authorized user of such password and accept sole responsibility for use, confidentiality and protection of the password as well as for all orders, requests and information changes (i.e., change of address) entered into your Account using such password.

You accept full responsibility for the monitoring and safeguarding of your User Account and access to your Accounts. You will immediately notify us in writing, delivered via e-mail and certified/return receipt requested U.S. Mail, if you become aware of any use of your Account not by you.

      User Profile Information

You agree to always provide IDEAL with accurate information which you update when your circumstances change. You represent and warrant that the information you supply in your Account profile, and all other information requested by us and provided by you is accurate and truthful. You further understand that you have a duty to immediately update such information if your information, job position or place of employment have changed.

   Pricing Information

You understand and agree that the provision of pricing information by the website is for you only and must not be shared with other individuals. Furthermore, you understand that pricing is based on a number of factors, and that the price returned by the system may not be the final price used for an order. These factors may include, but are not limited to: i) specific pricing quotes relevant to the order based on shipping address, date of the order, or quantity of a product requested and/or, ii) the use of a promotional code on the order.

   Customer Account Access

You understand that access to Customer Accounts is granted by the discretion of IDEAL and can be revoked at anytime, at IDEAL’s sole discretion. You agree to stop using a Customer Account when your position and/or place of employment have changed, thereby negating your need to obtain information for the Account. Users who have been granted the right to serve as an administrator must take timely action to disable users' access to Customer Accounts when circumstances change in such a way as to impact the fiduciary need of information to that Customer Account. You further understand that access granted to new users is at the discretion of the administrator; IDEAL is not responsible for the privacy of information or order transactions performed by users who have been approved for access by a customer administrator.

   Account Restriction or Breach

You understand that we may at any time, at our sole discretion and without prior notice to you; prohibit or restrict your access to the use of the website, and/or we may terminate your User Account or access to Customer Accounts. The termination of a User Account will not affect the rights and/or obligations of either party incurred prior to the date the User Account is terminated.

   Representation as to Capacity and Access

You represent that you are of required legal age and capacity to enter into this Agreement and that you have the legal standing and are empowered to enter into contracts and agreements for the transactions requested and performed in this Account. You understand that you have an obligation to notify us in the event that you lack capacity. You further represent that you are willing, able and agree to access and use current technology, including the internet, firewalls and any anti-virus or other software to access your Account online, receive information, receive and send email, and place any necessary transactions in your Account; and that you possess a computer and/or otherwise have access to the internet on a regular basis.

   Copyright

This website, including all information and Materials contained in it, are copyrighted and protected by worldwide copyright, trademark and other laws and treaty provisions. You agree to comply with all copyright, trademark and other laws worldwide in your use of this website and to prevent any copying, reproduction, modification, distribution, displaying, performing or transmission in violation thereof or of these terms and conditions. Except as expressly provided in these terms and conditions, the Company does not grant any express or implied license or third party right to you under any patents, trademarks, copyrights or trade secret information of the Company or of any third party.

   Copyright Notice

All website design, text, graphics and the selection and arrangement thereof, are the property of the Company.

   Trademark and website Mark Rights

All rights in the product names, company names, trademarks, trade names, website marks, logos, product packaging and designs of the Company or third party products or websites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.

   Legally Binding

You hereby agree that this agreement and all the terms herein shall be binding upon you and your estate, heirs, executors, administrators, personal representatives, successors and assigns. This Agreement shall inure to the benefit of us and our successors, assigns and agents. We may assign our rights and duties under this Agreement to any of our subsidiaries or affiliates without giving you notice, or to any other entity upon prior written notice to you. You hereby waive any and all defenses that any such instruction or agreement was not in writing as may be required by the Statute of Frauds or any other similar law, rule or regulation.

   Transfer Restrictions

You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.

   Waiver/Assignment

Except as specifically permitted in this Agreement, no provision or condition of this Agreement can be, nor should be deemed to be, waived, altered, modified or amended unless agreed to in writing by an authorized officer of IDEAL INDUSTRIES, INC. Neither our failure to insist at any time upon strict compliance with this Agreement or with any of the terms herein, nor any continued course of such conduct on our part shall constitute or be considered a waiver by us of any of our rights or privileges herein.

   Severability

If any provision or condition of this Agreement shall be held to be invalid or unenforceable by reason of any law, rule, administrative order or judicial decision by any court, or regulatory or self-regulatory agency or body, such invalidity or unenforceability shall attach only to such provision or condition. The validity of the remaining provisions and conditions shall not be affected thereby, and this Agreement shall be carried out as if any such invalid or unenforceable provision or condition were not contained herein.