Welcome to e-Barnett.com
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THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

1. Restrictions on Use.

All pages within this Web site and any material made available for download (collectively the "Site") are the property of Barnett and/or its affiliates. The Site is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Barnett.

You may download material from the Site for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.

Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Barnett.

2. Scope of License.

Barnett hereby grants you a nonexclusive license to use the Site solely for evaluating Barnett products for the purposes of making potential purchases and not to use the Site to obtain materials, data, or information for purposes of competitive advantage.

3. Trademark Notice.

The "Barnett" logo is a trademark and service mark of Barnett. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

4. Warranty Disclaimer.

THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

BARNETT, ITS AFFILIATES AND ITS SUBSIDIARIES ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

Although Barnett attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Barnett so that it can be corrected. Information contained on the Site may be changed or updated without notice.

5. Confidential and Proprietary information.

Barnett does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to Barnett through the Site will be deemed NOT to be confidential. By sending Barnett any information or material, you grant Barnett an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Barnett is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

6. Security.

You must enter a valid user I.D. and password ("access codes") to access the Web site's secure areas. It is your sole responsibility to monitor use of these access codes for all purposes, including, but not limited to, ordering products from Barnett. You accept all responsibility for the security of your access codes, and utilization of the Web site via the access codes. You have the ability to modify your password at any time. Barnett recommends you modify your password regularly. Notify Barnett immediately if you wish to terminate your master user I.D. and password or have these access codes reissued. Do not disclose you access codes to anyone not authorized to act on your behalf.

7. Links to Our Site

If you desire to provide a hyperlink from your Web site to our Site, you must agree to be bound by the terms of our Hyperlink License Agreement.

8. Links or Pointers to Other Sites.

Barnett makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-Barnett Web site, please understand that it is independent from Barnett, and that Barnett has no control over the content on that Web site. In addition, a hyperlink to a non-Barnett Web site does not mean that Barnett endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.

9. Choice of Law and Venue.

These Terms and Conditions are entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Duval in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

10. Entire Agreement.

These Terms and Conditions constitute the entire agreement between Barnett and you pertaining to the subject matter hereof. In its sole discretion, Barnett may modify these Terms and Conditions by posting the revised version on this Site.

11. No Unlawful or Prohibited Purpose.

As a condition of your use of this Site, you warrant to Barnett that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.

Hyperlink License Agreement

Subject to the following terms and conditions of this Hyperlink License Agreement ("License"), Barnett will grant you a non-exclusive, royalty free, non-transferable license to create a hyperlink from your Internet Web site to our Web site (the "Link") and/or use the Barnett logo displayed below (the "Link Logo"). Except as expressly provided in this License, all rights to Barnett's intellectual property are specifically reserved. To indicate your acceptance of the terms and conditions contained in this License, please click the button marked "I Accept" at the end of this Agreement.

a. Form of Link. You may only Link to our home page at "www.e-barnett.com" If used, the Link Logo must be used as a link to "www.e-barnett.com" You may not use the Link Logo as a static image. You may not frame the Barnett Web site or modify or alter the content or manner of display of Barnett's Web site.

b. References to Our Company Name. Our company name must appear as "Barnett" at the first and most prominent use on any Web site.

c. Proprietary Marks. The Barnett name, Link, and Link Logo contain Barnett's proprietary logos, trademarks, and service marks (collectively, the "Barnett Marks"). The Barnett Marks may not be modified or altered in any way. You may not use the Barnett Marks:
*To imply sponsorship or endorsement by Barnett;
*To disparage Barnett, its product or services;
*In connection with any products or services that in Barnett's sole judgment may diminish or damage the goodwill in the Barnett Marks;
*In such a way that the Barnett marks are displayed more prominently than the name/logo of your company; or
*To infringe Barnett's intellectual property rights or violate any state, federal, or international law.

d. Trademark Notice.

The following notice shall be included on the Web page in which the Link or Link Logo appears: "Barnett and the Barnett Logo are trademarks of Barnett"

e. Disclaimer of Warranties.

BARNETT'S WEB SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS" WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF BARNETT'S WEB SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEB SITES.

f. Limitation of Liability and Remedies.

YOU AGREE THAT BARNETT, ITS AFFILIATES, AND ITS SUBSIDIARIES SHALL NEITHER BE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE LINK AND/OR LINK LOGO. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE LINK AND/OR LINK LOGO IS TO STOP USING THEM. YOU AGREE TO RELEASE AND FOREVER DISCHARGE BARNETT AND ITS AGENTS, EMPLOYEES, ASSIGNS, OFFICERS, ADMINISTRATORS, PREDECESSORS, SUCCESSORS, SUBSIDIARIES, AND DIRECTORS OF AND FROM ANY AND ALL PAST, PRESENT, AND FUTURE RIGHTS, ACTIONS, CAUSES OF ACTION, CLAIMS, DEMANDS, DAMAGES, COSTS, LOSSES, EXPENSES, AND ATTORNEYS-Y´ FEES, WHETHER KNOWN OR UNKNOWN, INCLUDING ANY AND ALL CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, WHICH YOU MAY NOW HAVE, OR WHICH MAY HEREAFTER ACCRUE RELATING TO THE LINK AND/OR LINK LOGO.

g. Indemnity.

You agree to defend, indemnify, and hold harmless Barnett and its officers, employees, and authorized successors in interest from and against any claim, action, proceeding, liability, loss, damage, cost, or expense, including, without limitation, attorneys' fees as provided herein, arising out of any claim relating to your use of the Barnett company name, the Link, or the Link Logo by paying all amounts that a court finally awards or that your agree to in settlement of such claims.

h. Termination of License.

Barnett may terminate this License at any time, in its sole discretion, without liability or obligation to you of any kind. Barnett has the right to inspect your Web site from time-to-time to ensure compliance with this License. In the event this License is terminated, you will remove all references to Barnett, including the Link and Link Logo, within twenty-four (24) hours of written request by Barnett.

i. Entire Agreement.

This License constitutes the entire agreement of the parties with respect to the subject matter thereto. Only a writing that refers to this License and is signed by both parties may amend this License.

j. Choice of Law and Venue.

This License is entered into in the State of Florida and shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of its choice of law rules. Each party to this License submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Duval in the State of Florida, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this License, the prevailing party will be entitled to costs and attorneys fees. In the event that any portion of the License is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that the License shall otherwise remain in full force and effect.

 

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