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Terms

 
 
 
 
 

Terms of Use

Effective as of 01/01/2011

Welcome to the www.acmeunited.com website (the “Website”).  Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this

Website, you are agreeing to be bound by these Terms of Use as well as to the Privacy Policy which is posted on this Website.  If you do not agree to these Terms of Use and the Privacy Policy, please do not use this Website.

This Website is owned and operated by ACME UNITED CORPORATION, a Connecticut corporation (also referred to as “ACME UNITED CORPORATION”, “we” or “us”). “You” are the individual member using the Website and its content, and you are solely responsible for all of the activity on your account.  You may not assign your obligations under these Terms of Use to any third party without our prior written consent. 

Changes to Terms of Use

We may change the Terms of Use at any time by posting revisions to the Website with a new effective date. Your continued use of the Website after a posted change in the Terms of Use shall indicate your agreement to the revised terms. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.

Permitted Uses; Limited License

You are hereby granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the Website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the Website. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the Website for your own personal use. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Website for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the Website for any commercial purpose, unless specifically authorized by us to do so. You may not use this Website for any commercial purpose, such as to offer sales of merchandize or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.

 
 
Term; Termination

We may restrict, suspend or terminate your account or your use of and/or access to this Website at any time, for any reason or no reason, in our sole discretion. Any provisions of these Terms of Use containing ongoing obligations, including but not limited to the Copyrights and Trademarks, Warranty Disclaimer, Limitation of Liability and Indemnification provisions shall survive any termination hereof.  You agree that we will not be liable to you or to any third party for any restriction, suspension or termination of your account or your use or and/or access to this Website.

Representations by You

By accessing or using the Website, you represent and warrant that (a) you are at least 18 years old or, if you are not eighteen (18) years old, that you have received the consent of your parent or guardian to enter into a legally binding contract with respect to these Terms of Use and our Privacy Policy. (See our Privacy Policy with respect to how we verify that the consent of a parent or guardian has been received); and (b) that all materials of any kind submitted by you through the Website or for inclusion on the Website will not plagiarize, violate, or infringe upon the rights of any third party including, without limitation, a third party’s trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or property rights.  If we determine that these representations are inaccurate or incorrect for any reason, we have the right to restrict, suspend or terminate your account and/or your access to this Website without notice.

License Granted by You

Some portions of our Website may permit you to upload files, information, photographs or other materials or to post product reviews or make product suggestions. In consideration of your access to this Website, you agree that by providing such files, information, photographs or other materials, or posting product reviews or making product suggestions on this Website (collectively the “Content and Materials”), including by submitting or uploading Content and Materials for use on the Website, you represent and warrant that you or the owner of all rights to such Content and Materials has expressly granted us an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the Content and Materials provided by you. These rights include, but are not limited to the rights to:  reproduce, copy, modify, create derivatives in whole or in part, or otherwise use the Content and Materials or any part thereof in combination with or as a composite of other matter, including, but not limited to, text, data, images, photographs, illustrations, animation and graphics, video or audio segments of any nature, in any media or embodiment now known or hereafter to become known, including, but not limited to, all formats of computer readable electronic magnetic, digital, laser or optical-based media (the “Works”) for any purpose whatsoever, and to use and permit to be used your name, whether in original or modified form, in connection with the Works as we may choose, and display, perform, exhibit, distribute, transmit or broadcast the Works by any means now known or hereinafter to become known.

By providing Content and Materials to us, you hereby acknowledge that you have received good and valuable consideration for the license you are granting, including but not limited to your license and rights to use, access and submit or upload the Content and Materials to this Website and that, therefore, you are not entitled to receive any further consideration in connection with your grant of the license to us.  You also hereby waive all rights and release and discharge us from, and shall neither sue nor bring any proceeding against us for, any claim, demand, or cause of action, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of any such Content and Materials. You agree that we may publish and distribute any such submitted Content and Materials at our sole discretion by any method now existing or later developed, but that we shall have no obligation to do so. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any Content and Materials or other communications submitted to us. Subject to the terms of our Privacy Policy, any Content and Materials or other communications you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing, or marketing our products and services.

Registration of account

You may sign up and register for an account on our Website in order to receive emails related to certain products and services offered by us and our affiliates.  You will only be required to submit your name and email address in order to register an account with us.  You will not be required to submit any personal information such as home address, telephone numbers or bank or credit card account information in order to register your account.  You can unsubscribe from our emails at any time by clicking on the “Unsubscribe” link contained in each email to you or by sending an opt-out message to us with “Unsubscribe” in the reference line us at the following email address:  custmerservice@acmeunited.com.  By registering an account with us, you represent and agree that: (a) the information you submit is truthful and correct; and (b) you will maintain the accuracy of such information at all times during the term of your account.  When you sign up for an account, you will also be asked to choose a login name and password. You are entirely responsible for maintaining the security of your password. The use of a password does not restrict access by us and our internet service providers to the password-protected information.  For security reasons, you should keep your login name and password confidential and not disclose them to any person or permit any other person to use them. You are solely responsible and liable for any use and misuse of your login name and password by you or any third party and for all activities that occur under your login name and password. You should notify us immediately if you suspect any unauthorized use of your account or access to your password.  You may terminate your account at any time, for any reason and, similarly, we may terminate your account at any time, for any reason or no reason, without notice to you.

Ordering Products Through the Website

When you place an order for any products offered for sale on this Website, your order will be processed and fulfilled by our e-commerce partner Shopatron.  At checkout, you will be redirected to the Shopatron website from this Website for the completion of your purchase, including the processing or your credit card or debit card.  We do not collect any credit card or debit card information from you in connection with any orders placed through this Website.  Shopatron is owned and operated by a third party.  Therefore, we have no control over Shopatron and its website and are not liable to you or to any third party as a result of any damages sustained as a result of the actions of Shopatron or its agents and employees.  The Shopatron website has separate terms of use and a privacy policy independent of ours.  The Shopatron website also has its own terms of sale that apply to all sales that are processed by Shopatron.  Therefore, you should review the Shopatron terms of use, privacy policy and terms of sale in connection with any purchase of our products through the Shopatron website.

In addition to any terms of sale contained on the Shopatron website, the following terms shall be applicable to any orders placed on this Website:

(a)        Any order you place for any product for sale on this Website shall be confirmed when you click on the "Submit" button on the checkout screen.  Once an order is confirmed, you will be redirected to the Shopatron website from this Website for the completion of your order.  You are responsible for ensuring the accuracy of your order,  We may refuse to accept your order for any reason, in our sole and absolute discretion, in which case you will be notified as soon as practicable that your order has been declined.   

(b)        We do not promise that any of the products offered for sale on this Website are necessarily available.  Therefore, all products offered for sale on this Website are subject to availability. 

(c)        The purchase price of the products shall be the price listed on the Website at the time your order is confirmed, exclusive of any sales tax.  In addition to the price, you may be required to pay shipping or delivery charges for the products.  We reserve the right to change the product prices listed our Website at any time.  We do not provide price protection or any refunds in the event of a price drop or promotional offering.

(d)        All confirmed orders are deemed final at the time that you click the “Submit”

button on the checkout screen to place an order for any product.  You may not

cancel your order of any product for any reason after it becomes final.  Notwithstanding

the foregoing, in the event that a product becomes unavailable following the acceptance

of your order but prior to delivery, your sole remedy shall be a refund of the purchase

price paid for the unavailable product from the party to whom the payment was made.

(e)        In the event that the Website mistakenly lists a product at an incorrect price, we reserve the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been finalized and/or charged to your credit card. If your credit card has already been charged for the purchase and your order is cancelled, a credit shall be issued to your credit card or debit card account for the amount charged.

Copyright and Trademarks

The entire contents of this Website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is the property of ACME UNITED CORPORATION.  All rights in the copyright for the collective work are reserved to ACME UNITED CORPORATION.  The collective work includes works that are licensed to us. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the fulfillment provider or purchasing our products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use, or to place an order with the fulfillment provider or to purchase our products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless specifically authorized by us in writing. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.

All of our trademarks, service marks and trade names used in the Website, (including but not limited to ACME UNITED CORPORATION name and logo, WESTCOTT name and logo, PHYSICIANSCARE name and logo, CLAUSS name and logo, CAMILLUS name and logo) are trademarks or registered trademarks of ACME UNITED CORPORATION.

Digital Millennium Copyright Act

If you are notifying us of alleged copyright infringement, please be sure to provide the following information required by 17 U.S.C. Section 512:

  • A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted covered by a single notification, a representative list of such works;
  • A description of the allegedly infringing material and information sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and/or an electronic mail address;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and
  • A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.

You should provide notice of any alleged copyright infringement to:

 

Copyright Agent c/o ACME UNITED CORPORATION, 60 Round Hill Road, Fairfield, CT 06824. 

We have the right to remove any alleged copyrighted material from our Website in response to any notice in our sole discretion. 

Warranty Disclaimer

YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE MATERIALS AND PRODUCTS ON THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ACME UNITED CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ACME UNITED CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ACME UNITED CORPORATION DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL ACME UNITED CORPORATION , OR OUR SUBSIDIARIES AND AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MATERIALS ON THIS

WEBSITE, THE PERFORMANCE OF THE PRODUCTS OR THE ACCURACY OF INFORMATION AVAILABLE THROUGH THIS WEBSITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF ACME UNITED CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MINIMUM EXTENT REQUIRED BY LAW.

Delivery of Notice

We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us.

Choice of Law; Jurisdiction and Venue

Your use of this Website shall be governed in all respects by the laws of the State of Connecticut, U.S.A., without regard to principles of conflicts of laws. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website shall be in the state or federal courts located in Fairfield County, Connecticut. You further agree and irrevocably consent to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.

Limitation on Period to Bring Claims

Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises.

Waiver, Estoppel

Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or any of our rights. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.

Assignment and Delegation of Rights

We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.

Misuse of Website

Harassment in any manner or form on the Website, including via any Content and Materials posted on the Website or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any of our employees, hosts, or representatives, as well as other members or visitors on the Website, is prohibited. You may not upload to, distribute, or otherwise publish through the Website any Content and Materials which are libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable or which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to any liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.  You may not engage in the following activities on this Website: spamming, phishing, hacking, stealing or attempting steal any other person’s identity or personal information, and any activity that is illegal or that constitutes a breach of these Terms of Use or our Privacy Policy.  We have the right to restrict, suspend or terminate your account and/or your access to this Website without notice if you misuse this Website in any manner.  

Participation Disclaimer

We do not and cannot monitor and review all Content and Materials or other communications posted to or created by users accessing the Website, and we are not in any manner responsible for such Content and Materials or other communications. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Website, we are merely acting as a passive conduit for such distribution and are not undertaking any obligation or liability relating to any Content and Materials or other communications and activities on the Website. However, we do reserve the right to block or remove Content and Materials or other communications that we determine, in our sole discretion, to be in violation of these Terms of Use or  otherwise offensive or unacceptable to us.

Indemnification

You agree to indemnify, defend, and hold harmless ACME UNITED CORPORATION, its officers, directors, employees, agents, licensors, and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account and/or your use of or access to this Website (including any negligent or wrongful conduct) by you or any other person accessing the Website using your Internet account.

Third-Party Links

This Website may link to websites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked Websites, all of which have separate terms and conditions of use and/ or privacy and data collection practices independent of our own. These linked Websites are only for your convenience and therefore you access them at your own risk. Nonetheless, we seek to protect the integrity of this Website and the links placed upon it and therefore we request any feedback on not only this Website, but on any other websites it links to as well (including if a specific link does not work).

Promotions

 

We may, from time to time, have competitions, prize drawings or other promotions and offers on this Website (collectively the “Promotions”).  These Promotions may be subject to additional terms and conditions that will be made known to you in addition to the terms and conditions set forth in these Terms of Use.

 

Software

 

You may be able to download software, through links on this Website to the websites of third-party software providers, for the use or enhancement of the features on this Website.  Your downloading and use of the software will be governed by the user license agreement and/or other agreements for such software.  We will not be responsible to you or to any third party for any damages sustained as a result of your downloading or use of such third-party software.  You download or use such software at your own risk. 

International Usage

This Website may not be in compliance with statutes in other locations outside of the United States of America.  If you choose to use or access the Website from any international locations, you are responsible for compliance with all applicable local laws.

 

Entire Agreement

These Terms of Use, and the Privacy Policy, constitute the entire agreement between you and us with respect to your access to and use of the Website, and they supersede any and all prior or contemporaneous agreements and communications, whether oral or written, between you and us with respect to their subject matter.

           

Successors and Assigns

 

These Terms of Use will inure to the benefit of us and our successors and assigns.  These Terms of Use bind you and your heirs, personal representatives and assigns.

 

No Relationship

 

No partnership, joint venture, principal-agent or employer-employee relationship with us

is intended or created by these Terms of Use for any reason. 

 

Severability

 

If any of provision of these Terms of Use shall be determined by any competent authority to be illegal, invalid or otherwise unenforceable in any jurisdiction, such illegal, invalid or unenforceable provision shall be severed from these Terms of Use to the minimum extent required in that jurisdiction, and the remaining Terms of Use shall remain in full force and effect to the maximum extent permitted by law. 

 

Rights Reserved

 

Any rights not expressly granted to you under these Terms of Use are reserved to us.

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