Terms of Use

ATTENTION: PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
By accessing or using this website, you signify your agreement with these Terms of Use. The Terms of Use are agreed to by and between you and DEN-MAT HOLDINGS, LLC (DENMAT). In consideration for your use of and access to this website, and the promises and obligations in these Terms of Use, and intending to be legally bound, you and DENMAT agree to all of the terms and conditions included herein. Please print a copy of these Terms of Use for your reference. If you do not agree to the following Terms of Use, do not access or use this website, and instead contact DENMAT in writing or via telephone as set forth below for desired information.

DENMAT reserves the right to modify or amend the Terms of Use at any time. All changes shall be effective immediately upon their posting. Material changes to the Terms of Use will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms of Use, you agree to all such changes.

GENERAL:
DENMAT authorizes you to view and download the materials at this and all websites owned and operated by DENMAT (Site) only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials of the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. For purposes of the Terms of Use, any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials of the Site are copyrighted and any unauthorized use of any materials of the Site may violate copyright, trademark, and other laws. If you breach any of the provisions of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials. DENMAT also reserves the right to terminate your authorization to use any services of the Site and, where applicable, to delete any one or more of your related access accounts, with or without cause, immediately and at any time.

INTELLECTUAL PROPERTY RIGHTS:
All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on the Site are copyrighted by DENMAT, unless otherwise noted. The distinctive and original layout and presentation of the Site also constitutes protectable trade dress under applicable federal law. In addition, many proprietary names and marks belonging to DENMAT appear throughout this website. The Site may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners. Any unauthorized use of any trademarks, trade dress, other marks, or any other intellectual property belonging to DENMAT or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law.

USE OF SOFTWARE:
If you download software from the Site (Software), use of the Software is subject to the license terms in the Software License Agreement that accompanies or is provided with the Software. You may not download or install the Software until you have read and accepted the terms of the Software License Agreement. Any download of software is at your own risk; DENMAT is not responsible or liable for any viruses, malware, bugs, or any other software anomalies.

PRIVACY POLICY:
By your access and use of the Site, you hereby agree to the terms of the DENMAT Privacy Policy, which are incorporated into these Terms of Use by this reference, and which policy is available under “Privacy Policy” on the Site.

BULLETIN BOARDS, CHAT ROOMS AND OTHER INTERACTIVE AREAS:
DENMAT may provide bulletin boards, chat rooms and other interactive areas for its visitors to participate in. By accessing or using the Site, you agree to abide by the following guidelines for use of the bulletin boards, chat rooms and other interactive areas of this website:

  1. You must maintain a polite, pleasant environment. Comments that harass, abuse or threaten others are prohibited. You may not criticize other individual users or DENMAT or any of its affiliates.

  2. You must ensure that all comments are appropriate to all people. Any content that is offensive, defamatory, pornographic, obscene, or otherwise objectionable is prohibited.

  3. You must keep your comments relevant to the stated topic.

  4. Any conduct that in DENMAT's sole discretion restricts others from using or enjoying the Site is prohibited.

  5. You may not advertise a business or service.

  6. Copyrighted material may only be posted with permission of the author.

  7. Harvesting or collecting information about others, including e-mail addresses, is prohibited.

  8. You may not send any chain letters, junk mail, unauthorized e-mail, or commercial solicitations, or to engage in, facilitate or encourage any illegal activities.

  9. All users of the Site must also follow any other guidelines or rules provided by DENMAT or posted on the Site. A failure to comply with any of these guidelines or rules, or any of the other provisions of the Terms of Use and conditions contained therein, will result in, among other possible action, the immediate termination of all membership and privileges to post content to the website. Please report any violations of these guidelines to DENMAT, as provided for in the CONTACT DEN-MAT HOLDINGS, LLC paragraph of the Terms of Use.

You and other users of the DENMAT bulletin boards, chat rooms and other interactive areas are solely responsible for the contents and consequences of the messages you communicate or post on this website. You should exercise the utmost discretion before providing any personal information on the Site. Although DENMAT is not obligated to monitor content or the accuracy of information, you acknowledge and agree that DENMAT, in its sole discretion, has the right to monitor, without notice, any such content or information posted on the Site. DENMAT also reserves the right, in its sole and absolute discretion, to prohibit or remove any conduct or content, without notice, for any reason, and to revoke any user’s membership, for any reason.

YOUR ACCOUNT:
If you use the Site, you are responsible for maintaining the confidentiality of your account including you login and password information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or with use of your login and password. DENMAT does sell products for children, but does so only through adults, who can make purchases with a credit card or other permitted payment method. If you are under 18, you may use the Site only with permission of a parent or guardian. DENMAT reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

RISK OF LOSS:
All items purchased from DENMAT are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS:
DENMAT attempts to be as accurate as possible. However, DENMAT does not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current, or error-free. If a product offered by DENMAT itself is not as described, your sole remedy is to return it in unused condition.

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS:
DENMAT respects the rights of intellectual property owners, and asks that its users do the same. If you believe that your work has been copied in a way that constitutes infringement, please provide DENMAT the following information, in the form prescribed by Section 512 of Title 17, United States Code:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. a description of the copyrighted work or works that you claim have been infringed;

  3. a description of the allegedly infringing material, including its location on the website;

  4. your address, telephone number, and e-mail 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 owner or authorized to act on the copyright owner's behalf.

COPYRIGHT AGENT
For notice of claims of copyright infringement on denmat.com.
DenMat
Attn: General Counsel
P.O. Box 1729
Lompoc, CA 93438-1729

You and DENMAT understand and agree that: (1) DENMAT assumes no liability or responsibility for any content or material of any kind that is submitted for or posted on any interactive area on the Site (including without limitation any bulletin boards, chat rooms, surveys on the website) by you or by any other users or third parties and (2) DENMAT is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

LINKS TO THIRD PARTY WEBSITES:
Links to third party websites on the Site are provided solely as a convenience to you. If you use these links, you will leave this Site. DENMAT has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, DENMAT does not endorse or make any representations about them, or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Site, you do this entirely at your own risk.

DENMAT consents to links to the Site in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within the Site; (b) misrepresent your relationship with DENMAT; (c) imply that DENMAT approves or endorses you, your web site, or your service or product offerings; and (d) present false or misleading impressions about DENMAT or otherwise damage the goodwill associated with the DENMAT name or trademarks. As a further condition to being permitted to link to the Site, you agree that DENMAT may at any time, in its sole discretion, terminate permission to link to the Site. In such event, you agree to immediately remove all links to the Site and to cease using any DENMAT trademark.

NO WARRANTY:
THE MATERIALS, INFORMATION, AND SERVICES PROVIDED AT THE SITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. DENMAT further does not warrant the accuracy and completeness of the materials, information, or services found at the Site. DENMAT may make changes to the materials, information, and services at the Site, or to the products and prices described in them, at any time without notice. The materials, information, and services at thie Site may be out of date, and DENMAT makes no commitment to update the materials, information, or services at the Site. Information published at the Site may refer to products, programs or services that are not available in your geographic area or country. No advice or information, whether oral or written, obtained by you from DENMAT or in any manner from this website shall create any warranty.

LIMITATION OF LIABILITY:
IN NO EVENT WILL DENMAT, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

INDEMNIFICATION:
You agree to indemnify, defend and hold harmless DENMAT, its officers, representatives, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liabilities, damages and costs (including without limitation attorneys’ fees) arising from or related to your use of the Site, your use of any material, information or data downloaded or otherwise obtained from the Site, or your violation of the Terms of Use, including without limitation, your infringement of any intellectual property or other right of DENMAT or any other person or entity.

INTERPRETATION OF DISPUTES:
The Terms of Use are governed by the laws of the United States and the State of California, without regard to any conflict of laws provisions. Venue shall be proper exclusively in the County of Santa Barbara, California with respect to any dispute arising under the Terms of Use, unless otherwise specifically agreed by DENMAT in its sole discretion. In the event of any dispute, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs. If any provision of the Terms of Use is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator shall modify such provision to the minimum extent necessary to make such provision enforceable and valid. Should such modification prove impossible or impracticable then the provision shall be severed and the remaining terms of the Terms of Use shall be interpreted and read to give them maximum enforceability. Any cause of action or claim with respect to this website must be commenced within one (1) year after the action or claim arises.

ENTIRE AGREEMENT:
By your access or use of the Site, you hereby agree to the Terms of Use. The Terms of Use, together with the Privacy Policy constitute the entire agreement between you and DENMAT with respect to your access and use of the Site and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by DENMAT. The Terms of Use will inure to the benefit of DENMAT’s successors and assigns.

ELECTRONIC COMMUNICATIONS:
You acknowledge that the Terms of Use constitute a valid and binding agreement. To the fullest extent permitted by law, you agree that the Terms of Use and any other documentation, agreements, notices or communications between you and DENMAT may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

CONTACT DEN-MAT HOLDINGS, LLC:
DenMat
P.O. Box 1729, Lompoc, CA 93438-1729
800-228-5595
info@denmat.com

(Revised Form 18-Mar-2021)

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