This Terms of Use (this “Agreement”), which is a legal agreement between you (“you”) and Towers Automation, ( “we” or “us”), shall govern your use of and access to Towers Automation website located at towersautomation.com (including any successor or affiliated websites and including any mobile versions, the “Website”), your posting and/or review of information and/or questions regarding certain products and materials at the Website, (iii) your purchase of any items or materials from the Website, (iv) your use of certain software owned by Towers Automation , and all other services described at the Website (collectively, the “Services”). By checking any acceptance boxes, clicking any acceptance buttons, making any purchase or simply by making any use of the Website, you (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to Towers Automation that (i) you have the authority to enter into this Agreement, (ii) this Agreement is binding and enforceable against you, and (iii) you have read and understand Towers Automation ’s Privacy Policy, the terms of which are posted at the Website and incorporated herein by reference (the “Privacy Policy“), and agree to abide by the Privacy Policy.
Please read this Agreement carefully. If you do not agree to the terms and conditions of this Agreement or the Privacy Policy, you should immediately cease any and all activities on the Website and/or use of any Services.
CHANGES TO SERVICES, AGREEMENT AND/OR WEBSITE
Towers Automation may amend any part of this Agreement at any time, and the amended terms will be effective 2 days after initial posting at the Website. In addition, Towers Automation may, without prior notice, add, delete or modify some or all of the Services and/or content available on the Website at any time in its sole discretion. Further, Towers Automation may discontinue disseminating any portion of information or category of information and/or may change or eliminate any transmission method. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND WEBSITE. YOUR CONTINUED USE OF THE SERVICES OR WEBSITE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT OR ANY UPDATED VERSION OF THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure you become aware of changes which are made to this Agreement by Towers Automation from time to time.
TOWERS AUTOMATION' S ROLE
You acknowledge that Towers Automation is not, unless expressly otherwise set forth within the Website, a manufacturer of any item subject to a Listing. Your communications with manufacturers and/or distributors are solely your responsibility, and any issue which may arise between you and a manufacturer or distributor, whether such issue involves a Listing or any other matter, is to be resolved between you and such manufacturer or distributor without the involvement of Towers Automation. You agree that Towers Automation shall not be liable for any damages or costs of any type arising out of or in any way connected with your purchase and/or use of any material, product, kit, machine, component or product from the Website or otherwise through Towers Automation. As such, you shall not name Towers Automation or any of its officers or equity holders as a party in any litigation or arbitration arising out any communications or transactions with a manufacturer or distributor.
For purposes of clarity, because Towers Automation is not a manufacturer, Towers Automation does not make, and should not be construed as having made, any representation or warranty of any kind concerning any products or components described in any Listing or Posting, including without limitation any representation or warranty regarding the quality, safety or legality of such materials or products, or the truth or accuracy of any descriptions associated with any Listing or Posting. Additionally, Towers Automation makes no representation or warranty of any kind as to the willingness or ability of either a buyer, manufacturer or distributor to complete a sale or any other transaction.
QUESTIONS; SUBMISSIONS
By submitting a question on any page within the Website, posting a Listing or Posting and/or making any submission to the Website, you hereby understand and agree that you have established a business relationship between you and Towers Automation, which is the owner of the Website. As such, you agree that Towers Automation may contact you using contact and/or other information you provided with information, surveys and offers of services available through Towers Automation, the Website or any other website owned or operated by Towers Automation or an affiliate of Towers Automation from time to time. You hereby consent to any such communication, phone calls or e-mails even if your phone number is on any Do Not Call list or if your e-mail is on any other restricted access list. In the event you wish to opt out of receiving any such communications from Towers Automation, please send an e-mail to towersautomation@gmail.com to be removed from this list.
LIMITED LICENSE
Towers Automation hereby grants you a non-exclusive, nontransferable, revocable limited license to access and use the Website and its contents, strictly in accordance with this Agreement and solely for the permitted uses described in this Agreement. This license and authorization is not a transfer of title in any content posted at the Website and is subject to strict compliance with the rules and other terms of this Agreement.
WEBSITE ACCESS AND LISTING RULES
In return for the license and authorization Towers Automation grants you in this Agreement to use the Website, you agree to abide by all the terms of this Agreement and any additional restrictions displayed on the Website, as and when they are updated from time to time, including, without limitation, the rules in this Section. This Section includes certain activities that are expressly not permitted on this Website. Inclusion of these prohibited uses is not intended and should not be construed to modify any description of permitted uses in this or any other Section of this Agreement and you may not construe the fact that a particular activity is not described as a prohibited use in this Section as an indication of permission to engage in that activity if it is not consistent with the permitted uses. Towers Automation reserves the right to remove any Listing or Posting, block the sending of any inquiry or other content it deems inappropriate in its sole discretion, and may terminate your or any other user’s access to the Website at any time in its sole discretion for any or no reason. While Towers Automation reserves the right to monitor all Listings and Postings, and/or content posted at the Website, it has no obligation to do so.
RESTRICTED AREAS
Certain portions of the Website may be limited or restricted to registered members or may otherwise require that you provide certain information. By using any such service or portion of the Website, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain and promptly update the accuracy of the information; (c) the person submitting information to Towers Automation is 18 years of age or older; and (d) your use of such services does not violate any applicable law or regulation. You may not share your passwords with any third party or otherwise provide access through your account to any restricted area of the Website. Towers Automation shall have the right to terminate or limit your access to any restricted area in its sole and absolute discretion at any time and for any reason. You agree to notify Towers Automation immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You are solely responsible for your interactions with other companies and/or individuals through the Website or in connection with the Website.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Website are: Copyright © 2024 Towers Automation All rights reserved. “Towers Automation” is a service mark of Towers Automation. Other product, material and/or company names mentioned herein or within the Website may be the trademarks or service marks of their respective owners. To this end, you may not, without the prior, written consent of Towers Automation (which consent may be withheld at Towers Automation’s sole discretion) or the applicable copyright holder (which consent may be withheld at the sole discretion of such holder), modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the content posted at the Website or otherwise owned by Towers Automation or any of its licensors. This Agreement shall not be deemed to transfer from Towers Automation to you (i) any of Towers Automation’s or its licensors’ intellectual property (including, without limitation, patents, trademarks, service marks, trade names, copyrights and licenses), technology, software programs or any related assets owned by Towers Automation , or (ii) any rights to use or license any of the foregoing except as explicitly set forth in this Agreement.
In exchange for your use of the Website, you hereby grant to Towers Automation an unlimited, irrevocable, fully-paid, transferable, non-exclusive worldwide license to use, reproduce, modify, publish, edit, translate, distribute, perform and display any content, photographs or other materials you post to the Website or any forum contained in the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. You may remove your content from the Website at any time. If you choose to remove such content, the license granted above (a) will automatically continue with respect to any content used by Towers Automation as permitted above, and (b) will expire with respect to any such content not used by Towers Automation; however, you acknowledge that Towers Automation may retain archived copies of your content. Towers Automation does not assert any ownership over your content, any Listing or any Posting; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your content and any intellectual property rights or other proprietary rights associated therewith subject to the license granted herein.
DISCLAIMERS AND LIMITATIONS
Towers Automation intends that the information contained in the Website be accurate and reliable; however, errors sometimes occur. In addition, changes and improvements to the information provided herein or on the Website may be made by Towers Automation at any time. THE WEBSITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED “AS IS, WHERE IS AND AS AVAILABLE.”TOWERS AUTOMATION AND/OR ITS SUPPLIERS DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEBSITE AND ANY INFORMATION, SOFTWARE, PRODUCTS, MATERIALS AND SERVICES PROVIDED WITHIN OR THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, OR (II) AS TO THE RESULTS THAT MAY BE OBTAINED BY USE OF THE WEBSITE, THE SUBMISSION OF ANY INQUIRY OR ANY OTHER USE OF TOWERS AUTOMSTION’S SERVICES. USE OF THE WEBSITE AND/OR TOWERS AUTOMATION’S SERVICES IS AT YOUR OWN RISK. TOWERS AUTOMATION IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE AND/OR TOWERS AUTOMATION’S SERVICES OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TOWERS AUTOMATION HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. In all events, the aggregate liability of Towers Automation, its owners and agents for any reason and upon any cause of action, whether in contract, tort or otherwise, shall not exceed the amount of fees paid by you to Towers Automation during the 3-month period immediately preceding the date on which the applicable claim arose. If you are a resident of the state of New Jersey or otherwise subject to the laws of the state of New Jersey, to the extent the above exclusion of implied warranties or limitation of liability is not allowed or permissible under any New Jersey law or statute, such exclusion and/or limitation, as applicable, shall not apply to you.
You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website and/or the Services. While it is Towers Automation ’s objective to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate slowly from time to time, including without limitation access to Listings or Postings. You understand and acknowledge that due to circumstances both within and outside of the control of Towers Automation, access to the Website and/or Services may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Towers Automation shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT S AUTOMATION SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND/OR SERVICE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE AND/OR SERVICE.
RELEASE AND INDEMNITY
Release. Without limiting the generality of the disclaimers set forth in this Agreement, you hereby waive and release Towers Automation , Towers Automation ’s licensors, subsidiaries, and affiliates and each of their respective past and present equity owners, directors, managers, members, shareholders, officers, employees, agents, contractors and representatives, successors and assigns (collectively, “Towers Automation Releasees” and individually a “Towers Automation Releasee”) from any damages and claims of any sort, whether direct or otherwise, that arise out of or result from your use of the Website, the Website content and any Services offered through the Website, including, without limitation, any dealings or transactions between you and third parties (i) from whom or which you obtain any information, goods, Items or services through the Website, or (ii) to whom or which you sell Items or materials on account of communications initiated through the Website.
Indemnity. You will indemnify and hold harmless the Towers Automation Releasees against any claim or demand made by any third party and any damages, costs, liabilities and expenses, including, without limitation, attorneys’ fees, any indemnified party incurs as a result of such a claim or demand arising out of (a) any content you submit or post to or transmit through the Website, (b) your use of or connection to the Website, the Website content or the Services offered through the Website, (c) your violation of this Agreement or your violation of any rights of another person, (d) any activity carried out by another person using your account or password with your knowledge or (e) any product liability or other liability associated with any product, Item or material you purchase from a manufacturer or distributor. You shall, upon the request of Towers Automation or its insurer, take over the defense of any claim against any Towers Automation Releasee without cost or expense to any Towers Automation Releasee, it being understood, however, that each Towers Automation Releasee may retain its own counsel and participate in any such claim for the further protection of its/his/her interests.
THIRD PARTY CONTENT
a. General. The Website and the Website content may contain or provide access to content provided by third parties, including, without limitation, information, blog posts, dialogue, opinions, stories, advice, statistical data, text, software, music, sound, photographs, graphics, video, messages, and other materials, whether publicly or privately posted to or e-mailed or otherwise transmitted through the Website (“Third Party Content”) that may include content you find to be offensive, indecent or objectionable. The third party from whom Third Party Content originates is solely responsible for it and Towers Automation assumes no responsibility to verify, has no control or influence over, makes no representations regarding, and does not guarantee the accuracy, integrity or quality of any Third Party Content. Accordingly, Towers Automation has no liability of any kind to you or any other person relating to any Third Party Content, including, without limitation, mistake, misstatement of law, omission, falsehood, defamation, obscenity, pornography, profanity, opinion, representation, and any other content contained in the Third Party Content or for any loss or damage of any kind incurred as a result of the use of any Third Party Content. Statements of opinion and commentary in Third Party Content are those of the third party and, unless Towers Automation expressly states in writing to the contrary, Towers Automation neither endorses nor adopts as its belief any such statements. Towers Automation provides information in articles Towers Automation posts or links to through the Website only for educational and general informational purposes and not as professional advice. Towers Automation has made no attempt to verify any information contained in such articles.
b. Advertisers. The Website may include advertisements or offers for access to information, goods and services provided by third parties. Your correspondence or business dealings with or participation in promotions of advertisers on or through the Website, including, without limitation, payment for and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Towers Automation makes no representations about and disclaims any and all liability to any person for any such information, goods and services. Towers Automation does not (i) endorse any advertiser, (ii) provide advice on which advertiser to select, (iii) guarantee any advertiser’s information, goods or services, or (iv) act as your general contractor, agent or adviser.
c. Links. As a convenience to you, the Website may contain links to websites that are owned and operated by third parties that are not affiliated with Towers Automation . When you use these links, you will leave the Website and Towers Automation will have no ability to protect your interests. You visit linked websites at your own risk and it is your responsibility to take any protective measures to guard yourself and your computer against viruses and other destructive elements. Towers Automation is not responsible for and, unless it expressly states otherwise in writing, makes no warranty or representation regarding and does not endorse any linked website or any service, product or information provided on or through the linked website. Inclusion of hyperlinks to linked websites on the Website does not imply (i) that Towers Automation sponsors, endorses, or is affiliated or associated with the linked website, (ii) that Towers Automation is legally authorized to use any trademark, trade name, logo, service mark, copyright symbol, legal or official seal, or other proprietary designation or symbol displayed in or accessible through the links, or (iii) that the operator of any linked website is authorized to use any trademark, trade name, logo, copyright symbol, or other proprietary designation in which Towers Automation or any of its affiliates has any ownership or licensee interest.
ERRORS AND DELAYS
Neither Towers Automation, any supplier or licensor or any owner or agent of any such person or entity is responsible for any errors or delays in responding to an inquiry, question or submission, including, without limitation, those caused by (i) an incorrect e-mail address or telephone number provided by you, (ii) the failure of any individual to timely respond to a question or submission, or (iii) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Website, to the goods, programs or services provided by Towers Automation, to any Items purchased through the Website or to any acts or omissions for which you may contend Towers Automation is liable, including but not limited to any claim or controversy as to arbitrability (“Dispute”), shall be finally, and exclusively, settled by arbitration. The arbitration shall be held before one arbitrator under the commercial arbitration rules of JAMS in force at that time. The arbitration shall be venued in Union County, New Jersey. The arbitrator shall be selected pursuant to the JAMS rules. Should no JAMS rule regarding the selection of an arbitrator be in effect, you shall select an arbitrator from a panel of arbitrators acceptable to Towers Automation . The direct costs of arbitration payable to the arbitration service shall be paid by Towers Automation (which excludes, for purposes of clarity, your attorneys’ fees and your other expenses associated with the arbitration).
Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Union County, New Jersey. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages, as limited, however, by the Disclaimers and Limitations Section of this Agreement, and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND TOWERS AUTOMATION WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are enforceable and are subject to very limited review by a court. By using the Services or accessing the Website, you consent to these restrictions.
Should a Dispute come up and should the arbitration provisions herein become inapplicable or unenforceable, or in any instance of any lawsuit between you and Towers Automation, the parties agree that jurisdiction over and venue of any suit shall be exclusively in the state and federal courts sitting in Union County, New Jersey. If either party employs attorneys to enforce any right in connection with any Dispute or lawsuit the prevailing party shall be entitled to recover reasonable attorneys’ fees from the non-prevailing party.
MISCELLANEOUS
If you are a resident of the state of New Jersey or otherwise subject to the laws of the state of New Jersey, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under any such law or regulation shall not apply to you. For all other individuals, any limitation of liability, mandatory arbitration, provision which would require one party to pay another party’s attorneys’ fees or legal costs, exclusion of warranties or disclaimers or other provision that is not allowed or permissible under your state laws or regulations shall not apply to you.
This Agreement, together with any other policies or agreements posted at the Website from time to time, constitutes the entire agreement between you and Towers Automation and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Towers Automation with respect to the Website and information, software, products, materials, programs and Services associated with it. Towers Automation and you are intended to be independent contractors, and nothing in this Agreement shall be deemed to establish any relationship of partnership, joint venture, employment, franchise or agency between Towers Automation and you. This Agreement shall be subject to and construed in accordance with the laws of the State of New Jersey, excluding its conflict of laws principles. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.
Towers Automation’s contact information, should you need to contact Towers Automation for any reason, is:
Towers Automation 44Bellewood place, Elizabeth, New Jersey 07208 USAA
Email: towersautomation@gmail.com
Towers Automation respects the intellectual property of others and asks you and all users to do the same. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries, and the terms of use of those websites, and not this Agreement, govern your use of that material. It is Towers Automation’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of Towers Automation and/or others.
If you believe that your intellectual property or work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide Towers Automation’s Agent for Notice with the following information in English (Your “Notice”):
In some circumstances, in order to notify the individual or entity who or which provided the allegedly infringing content to which Towers Automation has disabled access, Towers Automation may forward a copy of a valid Notice including name and email address to such individual or entity. Towers Automation ’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email:
towersautomation@gmail.com
By phone:
1.9082478933
This is a place to describe your Return and Refund Policy to buyers.
A Return and Refund policy usually consists of:
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