Effective Date: February 1, 2018
The Websites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by SES, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other laws.
If your User Account is terminated by SES or Company, or if you have not been issued a User Account by SES or Company, you are not authorized and do not have a license to use any password-protected pages of the Website .
As used herein, “Confidential Information” means all confidential and proprietary information of SES disclosed to you via the Websites that is either marked or designated as confidential or that a reasonable person would deem confidential or proprietary given the nature of the information and the circumstances under which it is disclosed; provided that, for the avoidance of doubt, all pricing, vendor and customer information will be deemed to be Confidential Information even if not so marked or identified.
You agree to protect the confidentiality of the Confidential Information in the same manner that you (or, as applicable, Company) protect the confidentiality of your/its own proprietary and confidential information, using at least a commercially reasonable degree of care. If you discover any unauthorized use or disclosure of the Confidential Information, you shall immediately notify SES and shall cooperate with SES in every reasonable way to assist SES in regaining possession of the Confidential Information and preventing any further unauthorized use or disclosure. You will return or destroy any SES Confidential Information in your possession upon request by SES.
SES’s name, trademarks and logo and all related names, logos, product and service names, designs and slogans are trademarks of SES or its affiliates or licensors. You must not use such trademarks without the prior written permission of SES. All other names, logos, product and service names, designs and slogans on the Websites are the trademarks or property of their respective owners.
"User Content" means content posted or otherwise submitted to or on any Website by any user of such Website. User Content includes, without limitation, all information, reviews, recommendations, and opinions submitted to any Website by users of such Website (e.g., product reviews).
License to User Content. By uploading or otherwise submitting User Content (including, without limitation, personally identifiable information) to any Website, you shall be deemed to grant to SES, its affiliates and related entities, a perpetual, royalty-free, irrevocable, worldwide, unrestricted, non-exclusive and fully transferable, assignable and sub-licensable license to (a) use, reproduce, modify, store, publish, adapt, translate, create derivative works from, and distribute such User Content (in whole or part) as part of your User Account and in the course of providing the Websites, (b) display such User Content (in whole or part) as part of your User Account and in the course of providing the Websites, and (c) distribute such User Content to third parties.
You represent and warrant to SES that you have the right to upload or otherwise submit such User Content to us and to grant SES the licenses granted in this section, and that such User Content does not infringe, misappropriate or otherwise violate a privacy right or copyright, trademark, or any other intellectual property or proprietary right of another.
No Liability for User Content. You are responsible for any User Content that you submit to any of the Websites, and each Company is responsible for any User Content submitted via any Authorized User and/or via any User Account under its Company Account. SES shall not be liable for the use or misuse of any such User Content including, without limitation, any personally identifiable information. You acknowledge that we have no obligation to screen User Content uploaded to the Websites. SES may refuse, remove or disable any content, including User Content, that is available via the Websites. Without limiting the generality of the foregoing, we may remove any User Content submitted to any of the Websites that SES, in its sole discretion, deems abusive, defamatory, obscene, unlawful or otherwise unacceptable.
Additionally, you agree not to, without the prior written consent pf SES, (1) use any Website in any manner that could disable, overburden, damage, or impair the operation of the Websites or interfere with any other party's use of the Websites, including their ability to engage in real time activities through the Websites; (2) use any robot, spider or other automatic device, process or means to access any Website for any purpose, including monitoring or copying any of the material on the Website; (3) use any manual process to monitor or copy any of the material on any Website; (4) use any device, software or routine that interferes with the proper working of any Website; (5) use any data mining, web crawlers, robots, cancelbots, spiders, Trojan horses, or any data gathering or extraction method in connection with your use of any Website except for customary search engines used in accordance with automated instructions directed to search engines and available on the Website, (6) introduce any viruses, worms, logic bombs or other material which is malicious or technologically harmful; (7) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of any of the Websites, the server on which any of the Websites is stored, or any server, computer or database connected to any of the Website; (8) attack any Website via a denial-of-service attack or a distributed denial-of-service attack; (9) otherwise attempt to interfere with the proper working of any Website; or (10) for any other unauthorized purpose.
You further agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through any of the Websites, and not to insert any code or product or manipulate any Website in any way that affects the user’s experience including, without limitation, taking any action that imposes, or may impose, an unreasonable or disproportionately large load on such Website.
Portions of each Website available to different users of such Website may vary. No user has access to all portions of any Website. You agree not to use or access, or attempt to use or access, any portion of any Website for which you are not intentionally given access to by us and/or Company, as applicable.
You may not authorize any other person to enter and/or use your User Account. Accordingly, you agree to protect your username and password by, among other things, keeping your username and password confidential. If, notwithstanding the foregoing obligation, you allow another party to use your username and/or password to access your User Account, you will be responsible for all use by that party using your User Account. You agree to (a) immediately notify SES of any unauthorized use of your password or any other breach of security, and (b) ensure that you exit from your User Account at the end of each session.
Any use of a User Account comprising a Company Account shall be considered a use of such Company Account. Each User Account must be designated for use by a named individual, and Company may allow only such named individual to use the User Account designated for him or her. If an Authorized User is no longer authorized by Company to use and access a User Account, Company shall notify SES so that we may deactivate such User Account. Company will be responsible for all access to, and use of, any Website by an Authorized User (and anyone that uses and/or accesses any Website through a User Account comprising your Company Account) and for any damage we incur as a result of any act, error, or omission of any Authorized User (and anyone that uses and/or accesses any Website through a User Account comprising your Company Account). Any breach of this Agreement by an Authorized User (and anyone that uses and/or accesses any Website through a User Account comprising a Company Account) shall be considered a breach by Company.
You expressly acknowledge and agree that your use of each Website is at your sole risk. Each Website is provided on an “AS IS”, "WITH ALL FAULTS", and “AS AVAILABLE” basis. SES makes no representations or warranties relating to any of the Websites including, without limitation, representations or warranties that (a) any Website shall meet your requirements, (b) the operation of any Website will be uninterrupted or error free, (c) any Website will be secure or reliable; (d) any defects in any of the Websites will be corrected, or (e) any Website will be complete, accurate or of any particular quality. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SES HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, ORAL OR WRITTEN INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SES KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE WITH RESPECT TO THE WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SES FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. SES DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, MEMORANDUM OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH ANY OF THE WEBSITES. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH ADVICE, OPINION, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. SES RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITES.
SES MAKES NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITES FOR ANY RECONSTRUCTION OF ANY LOST DATA. SES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITES LINKED TO THEM.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
As a convenience to you, SES may provide, on its Websites, links to websites operated by other entities. This includes links contained in advertisements, including banner advertisements and sponsored links. If you use these links, you will leave our Website. If you decide to visit any linked website, you agree that you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You acknowledge that SES makes no warranty or representation regarding, and does not endorse, any linked website or the information appearing thereon or any of the products or services described thereon. Links do not imply that SES sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed on or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SES or any of its affiliates or subsidiaries.
All links to the Websites must be approved in writing by SES, except that SES consents to links in which: (i) the link is a text-only link containing only the name "Security Equipment Supply, Inc."; (ii) the link "points" only to www.sesonline.com and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link neither create the false appearance that an entity or its activities or products are associated with or sponsored by SES nor damage or dilute the goodwill associated with the name and trademarks of SES or its affiliates. You agree to cooperate with SES in causing any unauthorized framing or linking immediately to cease. SES reserves the right to revoke this consent to link at any time in its sole discretion.
If you provide any information to us, you agree to provide only true, accurate, current and complete information. If you provide information to us about any third party, including, but not limited to, personally identifiable information, you represent and warrant that you are specifically authorized to provide such information to us so that we may use, process and transfer such personally identifiable information, and you assume all responsibility for dissemination and use of the information provided.
If you choose to provide suggestions or ideas to us (collectively, “User Suggestions”), you acknowledge and agree that any such suggestions or ideas will not be considered confidential or proprietary. By providing any such User Suggestions to SES, you grant to SES an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Suggestions, and you further agree that SES is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to SES. You represent and warrant that you own or control all rights in and to the User Suggestions and have the right to grant the license granted above to SES and its licensees, successors and assigns. You understand and acknowledge that you are responsible for any User Suggestions you submit or contribute, and you, not SES, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. You further recognize that SES does not want you to, and you warrant that you shall not, provide any information or materials to SES that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another. https://sesonline.com/policies
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
SES may terminate, change, suspend or discontinue any aspect of any Website (including the availability of any features of any Website) at any time. SES will not be liable if for any reason all or any part of any Website is unavailable at any time or for any period. SES may also impose limits on certain features and services or restrict your access to parts or all of the Websites without notice or liability.
SES may, in its sole discretion, terminate or suspend a user’s right to access and use any or all of the Websites, at any time, with or without notice and for any reason (or no reason). Any termination by us shall be effective on the date specified in such notice or, if no date is provided, shall be effective immediately. You agree that, if your license to access and use any Website is terminated, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, and if your right to access and use any Website is suspended, you will not thereafter enter, or attempt to enter, the Website, directly or indirectly, until your suspension is removed and SES gives you express notice thereof.
Each Website is controlled, operated and administered by SES from its offices within the United States of America. SES makes no representation that materials on any Website are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use any Website or export the Materials in violation of United States export laws and regulations. If you access any Website from a location outside of the United States, you are responsible for compliance with all local laws.
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
Class Action Waiver / Venue
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the preceding waiver is void or unenforceable or that arbitration can proceed on a class basis, then the dispute or claim will not be subject to arbitration.
For any dispute or claim that is not subject to arbitration, you consent to exclusive jurisdiction and venue in the federal courts sitting in the Eastern District of Missouri, unless no federal subject matter jurisdiction exists, in which case you consent to exclusive jurisdiction and venue in the state courts sitting in St. Louis County, Missouri. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
Limitation on Time to File Claims.
Any cause of action you may have with respect to your use of any Website must be commenced within one year after the claim or cause of action arises otherwise such cause of action is permanently barred.