Nasco Sampling LLC. owns and operates this website. These Terms and Conditions (the “Terms”) apply to this Whirl-Pak website and all other sites (collectively, the “Website”) owned, operated, and maintained by Whirl-Pak or its subsidiaries and affiliates (collectively “Whirl-Pak” or “we” or “us”). If you continue to browse and use this Website you are agreeing to comply with and be legally bound to the Terms. In the event that you do not agree to the Terms you should not continue to use the Website.
- You agree to use the Website in a manner consistent with these Terms and all applicable laws.
- We may terminate or suspend your access to and use of the Website at our sole discretion if we believe in good faith that you are violating these Terms or for any other lawful reason.
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non sub-licensable, non-assignable license to access and use the Website for your personal use.
- Permitted Use: The Website is available only to those persons who are eligible to form legally binding agreement(s) based on applicable law. Those who do not qualify are not permitted to use the Website. The Website contains material which is owned by or licensed to us. You shall not copy, reproduce, republish, download, post, modify, or otherwise disseminate material from the Website, including but not limited to: images, videos, or content, in any manner except for personal and non-commercial use without our express written consent. You may not decompile, reverse-engineer, disassemble, modify, or create derivative works from the Website, and you may not remove or amend any trademark, copyright, or other proprietary notice.
- Prohibited Uses: You agree not to use the site for any illegal or non-permitted purposes. You will not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, robot, rootkit or other malicious computer software. Repetitive data extraction devices or other means with similar functionality which may impinge on the proper use of the Website are prohibited.
- Investigation and Remedy: In instances where we believe that any aspect of the Terms has been violated, you agree to allow without prior notice and at our sole discretion that any account or access may be blocked. We reserve the right to investigate and take the appropriate legal action in response to any suspicious or improper potential, planned, or anticipated use of the website. You also agree to enter into injunctive or other relief as deemed necessary by the laws governing such violation of the Terms.
- Website Operations and Maintenance: The Website is delivered through a wireless Internet or mobile connection. There may be delays and/or interruptions in the provision and transmission of the Website for which we take no responsibility.
- Copyrights and Trademarks: The Website contains terms, images, logos, graphics, scripts, and software which are registered and protected under U.S. and international copyright and trademark laws. You should assume that everything you see or read on this Website is protected by copyright unless otherwise stated and may only be used according to these Terms. Use of the Website to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right is strictly prohibited.
- WAIVER OF CLASS ACTION RIGHTS AND/OR CLAIMS. You agree that to the extent you have or believe that you have any claims against us relating to your use or our provision of the Website, you will bring those claims in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Unless both you and Whirl-Pak agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative class proceeding.
- DISCLAIMER: THIS WEBSITE AND ALL SOFTWARE AND SYSTEMS USED OR PROVIDED AS PART OF THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE CONTENT, FUNCTIONALITY, OR MATERIALS PROVIDED BY US HEREUNDER, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ANY WARRANTY REGARDING OWNERSHIP, NON-INFRINGEMENT, ACCURACY, TIMELINESS, COMPLETENESS, AND AVAILABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE DISCLAIM LIABILITY, AND YOU AGREE THAT WE ARE NOT LIABLE, FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY APP OR WEBSITE WITH WHICH IT IS LINKED, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF US, OUR LICENSORS, EMPLOYEES OR AGENTS TO YOU, OR ANY OTHER PARTY EXCEED, IN THE AGGREGATE THE GREATER OF ONE HUNDRED DOLLARS ($100). YOUR CLAIM FOR SUCH DAMAGES IS OUR SOLE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN THE EVENT OF THE BREACH BY US OF THIS AGREEMENT. THE FORGOING SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY YOU MIGHT HAVE.
- Statute of Limitations: You agree to bring any and all claims or actions relating to the use of the Website within one (1) year after such alleged cause of action arose. If there is an outstanding claim from more than one (1) year of such action then you agree that the statute of limitations would be exceeded and the claim will be barred.
- Governing Law: The Website, any information provided from it and these Terms are given and made in the State of Wisconsin. This agreement is subject to the laws of the United States and Wisconsin law, without regard to its choice of law provisions, and suit, if any, must be brought exclusively within the courts of the State of Wisconsin, Dane County. You agree to submit to the jurisdiction of the courts located in the State of Wisconsin. You waive the right to trial by jury in any action that may be brought hereunder.
- You and we agree, pursuant to the E-Sign Act (the Electronic Signatures in Global and National Commerce Act, as it may be amended from time to time) and any other applicable law, to conduct transactions and communications electronically and to treat electronic tokens of assent from you and from us, as binding expressions of assent by you and by us to contracts.
- Additional Terms: These Terms and our Privacy Policies contain the entire understanding between us with respect to any use of the Website. If any of the provisions of the Terms are prohibited by or held invalid under applicable laws or regulations, then that provision shall be considered inapplicable and omitted but shall not invalidate the remaining provisions.
- We may revise these Terms from time to time and will notify you when the Terms have changed by indicating so in the footer of the Website. Any such revisions shall be effective when posted and made available for your review online. Your continued use of the Website following such changes is your expression of assent to the modified terms.
If you have any questions about this policy, please contact us at: [email protected].
Last Updated: January 1, 2023