USER CONDUCT AND RESPONSIBILITY
IWS provides its services solely to enable users to conduct legitimate searches for company contact information available within the IWS database. IWS, its parent, affiliates, partners and employees are in no way involved in any transactions between buyers and suppliers. It is your responsibility to qualify the supplier or buyer and to determine quality, safety or legality of the products and/or services transacted. All aspects of the business transaction and all communications are between you and the buyer and/or supplier. IWS offers no guarantees with regard to the ability of suppliers to fulfill their contracts or meet your requirements or the ability of buyers to make payments. You assume all risk when electing to contact a supplier listed in the database or electing to engage with a buyer who contacts you.
You agree that all content available at the site including text, images, video, music, sound, graphics, messages, or downloadable content, whether publicly posted or privately transmitted, is the sole responsibility of the owner of that content from whom such content originated. You agree that you are responsible for all content you upload, post, list, email, transmit or otherwise make available via the IWS Website. You agree that IWS or its affiliates are in no way liable for any content you deem offensive, indecent or objectionable, or for any damage of any kind incurred as a result of the use of any content in any form posted, emailed, transmitted, listed or otherwise made available via IWS.
You agree that you are responsible for all information entered, posted or transmitted by you via IWS, which includes, but is not limited to, data or content you provide to us for a company profile, text ad, messages entered in feedback areas, or communications through any email feature. You agree you are solely responsible for all or any information entered or posted by you. IWS has limited control over the content entered in a company listing or text ad. You understand that all company listing, profile or text ad information is performed by the IWS member company and that IWS is a passive conduit for the online distribution and publication of that information. You agree that IWS is not responsible for the accuracy, integrity or quality of such content. You agree that you may not list any information on the IWS Website or engage in any transaction or activity using our service that could cause us to violate any applicable law, statute, ordinance or regulation, or that violates any patent, trademark, other intellectual property rights, trade secrets or any other rights of another party, including, but not limited to, the transmission of chain letters, junk mail, "spamming" or commercial solicitations or any message or material that (a) is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive or illegal; (b) contains viruses or other features that might contaminate or destroy this Website; or (c) otherwise gives rise to liability or violates any other applicable law.
You agree that links to or from external websites or web content does not imply an endorsement of the materials distributed by those publishers. IWS, its parent or affiliates, is not responsible for the materials contained at any website linked to or from this Website.
INDUSTRIALWEBSEARCH.COM (IWS), AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." IWS AND ITS AFFILIATES, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEBSITE, ANY WEBSITE WITH WHICH IT IS LINKED AND ANY PRODUCTS OR SERVICES SOLD THROUGH OR RECOMMENDED BY THIS WEBSITE. IWS DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THIS WEBSITE OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THIS WEBSITE OR ITS CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. YOU (AND NOT IWS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IWS, AND ITS AFFILIATES, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL INDUSTRIALWEBSEARCH.COM (IWS), ITS AFFILIATES, LICENSORS, CO-BRANDERS, PARTNERS OR COMPANIES THAT HAVE A PRESENCE ON THIS WEBSITE AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS (COLLECTIVELY, "IWS PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS WEBSITE, EVEN IF IWS OR AN IWS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL AN IWS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE.
This Website is controlled and operated by IWS from its offices in Lake Success, New York, United States of America. IWS makes no representation that materials on this Website are appropriate or available for use in other locations. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this Website is further subject to United States export controls. No software from this Website may be downloaded or otherwise exported or re-exported (i) into Syria, North Korea, Iran, Iraq, Libya, Cuba or any other country to which the United States has embargoed goods; (ii) to a national or resident of same; or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
You agree that IWS reserves the right to discontinue service to any INDUSTRIAL WEB SEARCH member without refund, according to their sole discretion, for any of the following violations: a) falsely representing authority to register a company for membership, b) publication of inappropriate, sexually explicit, or offensive content including but not limited to search keywords and keyword phrases used, c) publication of copyrighted content or intellectual property which you do not own or for which you do not have written permission to use, d) any act of sabotage or vandalism that interferes with fair competition or the technical operation of the search tool, e) any unprofessional or illegal conduct that compromises the rights and privileges of other IWS members.
You agree that IWS, at its sole discretion, reserves the right to review and remove members, providing full refund, whose business is unrelated to the goals of IWS. You also agree that IWS reserves the right to remove keywords and keyword phrases from member profiles in the event that they are in violation of these Terms or do not enrich the user search experience. You agree to be financially responsible for keywords and keyword phrases that are removed, according to the total count of active keywords/keyword phrases within a single month billing period, and that these keywords/phrases will continue to be associated with your account even though they will be inactive. You agree that you risk termination without refund for repeat offenses.