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Terms of Use

Terms of Use

Last Modified: June 25, 2018

Welcome to ARIS Industrial Supply L.L.C. (d/b/a Aris Foundry) (“Aris Industrial Supply” or “we”). Aris Industrial Supply provides website, other electronic services and other business services; all of which are subject to the terms and conditions set forth herein (“Terms of Use”). The term "you" refers to all individuals or entities accessing this Website for any reason.

Please read the Terms of Use of Use carefully before you start to use the website or related services. By using Aris Industry Supply’s website, services, mobile services, telephone ordering, email ordering, fax services, downloaded applications, or any other content, functionality, or services on or through arisindustrial.com (collectively, the “Website”), you accept and agree to be bound and abide by these Terms of Use of Use and our Privacy Policy, found at www.arisindustrial.com incorporated herein by reference. If you do not want to agree to these Terms of Use of Use or the Privacy Policy, you must not access or use the Website or related services. Aris Industrial Supply may change or update the Terms of Use at any time by updating this posting. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

Some products purchased through Aris Industrial Supply may be subject to additional policies or terms. In cases where such terms are inconsistent with these Terms of Use, the respective products terms shall govern.

Applicable Laws

Aris Industrial Supply makes no representation that the content and materials in the Website are available or appropriate for use in other locations other than the United States or as to access to Aris Industrial Supply products and services from territories where the content is illegal and prohibited. Those who access the Website and Aris Industrial Supply products and services from locations outside the United States do so at their own initiative and risk and are responsible for compliance with any and all applicable local laws. You may use the Website and services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website, any content therein, or service therefrom in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any US export laws, including laws regarding the export of data or software to and from the US or other countries).

The laws of the State of New Hampshire shall govern this Website, these Terms of Use and any dispute related thereto, without regard to conflict or choice of law rules.

Terms and Conditions of Use and for the Sale of Goods

Products, services, associated descriptions, images and materials and other content offered on arisindustrial.com, as well as, other written content owned by Aris Industrial Supply are the proprietary materials of Aris Industrial Supply and may not be used for any reason without the express written consent of Aris Industrial Supply. All product availability, specifications, information and pricing are subject to change without advance notice. Aris Industrial Supply may also change, enhance or discontinue products without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Aris Industrial Supply and may be adjusted by Aris Industrial Supply at any time. Your order submission and subsequent receipt of an order confirmation does not constitute final acceptance of an order nor does it mean a confirmation on our part of an offer to sell. We require specific information be confirmed prior to accepting your order. Your order may be declined even after you have received an order confirmation. Aris Industrial Supply reserves the right at any time after receipt of your order to accept, hold or decline your order for any reason. All prices displayed on the Website and other Aris Industrial Supply materials are quoted in United States Dollars (USD). While we will attempt to communicate with you about the shipment of partial orders, Aris Industrial Supply reserves the right after receipt of your order to supply less than the quantity you ordered of any item without prior notice to you. All prices exclude shipping, handling and taxes. Shipping, handling and tax charges will be shown as separate line items on Aris Industrial Supply invoices. You are responsible for all charges on the associated invoice for each order including shipping, handling and taxes when applicable as determined by Aris Industrial Supply. Aris Industrial Supply may elect to offer international shipping on certain products. All shipping promotions (including reduced or free shipping) are based on order shipping complete via ground service for small parcel packages only; shipping within the continental US (lower 48 and excluding Alaska, Hawaii and outer territories). Larger/oversized items and special-order items do not qualify for shipping promotions. Shipping offers may not apply to all sale or "promotionally-priced" merchandise. All orders must ship to a physical address (no post office boxes). In order to maintain your order for free shipping status, you must take/accept delivery of all the products that qualified your order for free shipping. If you modify your order below the free shipping threshold qualification, you will be required to pay the full cost of shipping your order before your order will be processed. If a portion of your order is cancelled or undeliverable due to a backorder or product discontinuance and you still want the remaining items on your order, the shipping cost for the remaining portion of your order will be deducted from the refund amount due to you for the cancelled or discontinued products. Aris Industrial Supply will use commercially reasonable efforts ship your order on time and as you requested on your order (as deemed reasonable/feasible by Aris Industrial Supply, at Aris Industrial Supply’ sole discretion). Aris Industrial Supply is not responsible for delays in the delivery of your order beyond our control, including product shortages, holidays, labor strikes and shut downs, poor weather, transportation errors and failures and acts of God. Any information on the Website is not a future commitment on our part. All pricing and orders are subject to these Terms of Use.

You, as the buyer, shall comply with all applicable laws, regulations and ordinances. You shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under these Terms of Use. You shall comply with all export and import laws of all countries involved in the sale of Aris Industrial Supply’s products under these Terms of Use or any resale of the goods/products by you. You assume all responsibility for shipments of products requiring any government import clearance. Aris Industrial Supply may terminate your order or any agreement regarding the same if any governmental authority imposes antidumping or countervailing duties or any other penalties on the products. You acknowledge and agree to these Terms of Use by using the Website and/or placing an order. Unless otherwise provided herein or as expressly agreed to in a writing signed by a duly authorized officer or representative of Aris Industrial Supply, no other terms on customer purchase orders or other documentation will override these order terms.

As part of its Website or other services, Aris Industrial Supply may provide interactive features for you to post reviews and comments, as well as, communicate with our business via telephone and email. You agree that you will not: (1) post any content that is obscene, illegal, harmful, defamatory, infringing of any intellectual property rights of another person, invasive of the privacy or public rights of another person, threatening, harassing, abusive, hateful, infringing, pornographic, violent, or otherwise objectionable (as may be determined by Aris Industrial Supply in its sole discretion); (2) post any content that contains personal information about any individual or anything that you are under a contractual obligation to keep private or confidential; (3) impersonate any person or organization, including without limitation, the personnel of Aris Industrial Supply, misrepresent an affiliation with another person or organization, or otherwise post content likely to deceive any person; and (4) post any content that contains viruses or any other similar software or programs or files that may adversely affect the content and functional operation of the Site and not upload content on the Website to solicit others to join or become members of any other online service or other organization.

All contributions in the form of information, ideas, comments or other communications made to Aris Industrial Supply by you, users, and/or buyers concerning Aris Industrial Supply materials will be non-confidential and you acknowledge that, by making such contributions, you grant Aris Industrial Supply a royalty-free, worldwide license to use, modify, copy, publish, incorporate, translate, distribute and display in any media form the same its entirety without compensation. Aris Industrial Supply takes no responsibility, makes no representations, and assumes no liability for any content posted by you or by any third party (or any content based on or resulting therefrom).

The information provided within our Resource Library including videos or reference materials are purely for the purpose of informing and educating our customers. It is your responsibility to ensure compliance with applicable standards, regulations, codes and laws. Aris Industrial Supply is not responsible for the content and the accuracy of the information contained within our Resource Library including videos or reference materials; is not liable for omissions, errors or outcomes and will not be held liable under any circumstances for loss or damage caused by your knowledge you gained or reliance from any content on our Resource Library including videos and reference materials.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

* Making all arrangements necessary for you to have access to the Website.

* Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Copyright

The Website and its 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 Aris Industrial Supply, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Permission is granted to view and electronically copy portions of the product descriptions for the sole purpose of placing an order with Aris Industrial Supply. You may download or print reference materials for non-commercial purposes and in support of making a purchase with Aris Industrial Supply. Any other use is prohibited. You are prohibited from making a copy, reproducing, modifying, augmenting, reverse engineering, distributing or transmitting the content of this Website in whole or in part. Any unauthorized use of content on this Website will violate copyright laws and may violate trademark, privacy and communication laws.

Reporting Claims of Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

* Your physical or electronic signature.

* Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

* Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

* Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

* A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

* A statement that the information in the written notice is accurate.

* A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

President

Aris Industrial Supply LLC

P.O. Box 1309

Salem, NH 03079

603-232-0406

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Trademark

You are not permitted to use the name, trade name, logo, trademarks, or service marks of Aris Industrial Supply, whether or not registered (“Aris Marks”) without the express written permission of Aris Industrial Supply. Trademarks on the Website may be owned and/or registered by our third-party partners or other parties. We make no representation as to such marks and do not authorize the reproduction or any other use of Aris Industrial Supply, our third-party partner or other third-party trademarks.

Nothing contained herein or on the Website shall be construed as granting, by implication or otherwise, any license or right to use any Aris Mark without the written permission of Aris Industrial Supply or any third party that may own such trademarks. We take intellectual property rights very seriously and we will enforce our copyrights to the full extent of the law.

Notice

Aris Industrial Supply may deliver notices to you by means of notices on this Website, an email or other methods you have provided, for example, in your account profile on this Website.

Typographical Errors

Aris Industrial Supply will use reasonable efforts to provide accurate information on the Website. Aris Industrial Supply does not warrant the Website to be free of errors or omissions. Product images may not always reflect the actual depiction of a product due to changes in product manufacturing, as well as, image touchups or errors made by the manufacturer. If products are discovered to have pricing errors or incorrect information due to typographical error, Aris Industrial Supply reserves the right to refuse or cancel any orders placed for product listed with pricing or information errors whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Aris Industrial Supply will issue a credit to your credit card for the amount that was charged. Prices are subject to change without notice. Aris Industrial Supply will not be liable for any damages to you or the end-user, whether direct, consequential or incidental, Aris Industrial Supplying from your/the end-user's use of, or reliance upon, material presented on this Website.

Limitation of Liability

Aris Industrial Supply is not liable or responsible under any event or circumstance for any special, indirect, incidental or consequential damages (direct, punitive or other) including but not limited to infections, loss of use, loss of revenue, delays in operation, loss of data, errors, loss of business, loss of opportunity or loss of profits that result from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Aris Industrial Supply was advised of potential damages. In the event of any issue with a product that you have purchased from Aris Industrial Supply, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with

such manufacturer’s warranty, or to seek a return and refund for such product in accordance with Aris Industrial Supply's return policy.

Indemnification

You agree to indemnify, defend, and hold harmless Aris Industrial Supply, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Website or using the services via your Internet account.

Warranty Disclaimer

This Website, its content, design, format and entire product offering on this Website are provided "as is" and without warranties. To the fullest extent permissible by applicable law, Aris Industrial Supply disclaims all representations and warranties, whether express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, fitness for an intended use, conformity to models or samples and non-infringement. To the extent transferable, Aris Industrial Supply extends any manufacturer’s warranties to you as will be honored by the manufacturer. Aris Industrial Supply is not responsible for and makes no representations or warranties as to such manufacturer’s warranties. Products manufactured by a third party ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with Aris Industrial Supply goods/products. For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE

Aris Industrial Supply does not warrant or represent that access to or use of the functions on this Website or the server that makes this Website available will be uninterrupted, error-free, that defects will be corrected, free of viruses or other harmful components. This Website may contain typographical or pricing errors. Aris Industrial Supply does not warrant or make any representation regarding the accuracy, usefulness or reliability of information and therefore is not liable for such errors. You expressly agree that the use of the Website is at your own risk.

Term; Termination

Upon accessing this Website, you are agreeing to these Terms of Use. Aris Industrial Supply may terminate or suspend your account and/or your right to use or access this Website immediately without notice, in the sole discretion of Aris Industrial Supply and for any reason.

Title

Title to products and risk of loss passes from Aris Industrial Supply to you upon delivery to the carrier.

Third-Party Links

Links on this Website to other websites operated by third parties, including Aris Industrial Supply vendors do not constitute sponsorship, endorsement, or approval by Aris Industrial Supply of the content, policies, or practices of such linked sites or services. Aris Industrial Supply does not produce these linked sites and is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services. By using such a link, you agree that Aris Industrial Supply does not endorse and is not responsible for the content of the Linked Sites. You access Linked Sites at your own risk. Aris Industrial Supply provides these links purely as a service to our customers.

Sole Remedy

You agree that your sole remedy in the event of a problem with the Website or content on the Website or services therefrom is to cease using the Website.

Payment Terms

Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by Aris Industrial Supply. All payments to Aris Industrial Supply shall be paid in USD. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Partial order shipments may be invoiced separately. Orders are not binding upon Aris Industrial Supply until accepted by Aris Industrial Supply. Any quotations given by Aris Industrial Supply will be valid for the period stated on the quotation. Aris Industrial Supply reserves the right of sole discretion on Payment Terms of Use and unless otherwise agreed to by Aris Industrial Supply, payment must be received by Aris Industrial Supply prior to Aris Industrial Supply acceptance of an order.

Entire Agreement

These Terms of Use constitute the entire agreement between you and Aris Industrial Supply with respect to this Website and its content and supersede all prior agreements between you and Aris Industrial Supply

Severability

If any of these Terms of Use are declared to be illegal, invalid or unenforceable, such provision(s) will be severed from this Agreement. The remaining Terms of Use shall remain in full force and effect as if such severed provision(s) was (were) never a part of these Terms of Use.

Electronic Communications

When you access Aris Industrial Supply, send e-mails to Aris Industrial Supply, or receive electronic communications from Aris Industrial Supply, you are, and consent to, communicating with Aris Industrial Supply electronically. Aris Industrial Supply may communicate with you by e-mail or by posting notices on Aris Industrial Supply. You agree that all notices, disclosures, agreements, policies, and other communications theatrics Industrial Supply LLC provides to you electronically satisfy any requirement that such communications be in writing.

Mobile Services

You may access Aris Industrial Supply through your mobile phone or other mobile device to place orders, access features, receive and reply to messages from Aris Industrial Supply. While Aris Industrial Supply does not charge for mobile services you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from Aris Industrial Supply. Aris Industrial Supply is not responsible for any wireless e-mail, text messaging, data, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address under any circumstances. Downloading, installing, using, or accessing certain mobile services may be prohibited or restricted by your mobile service provider, and not all mobile services may work with your device. You are responsible for confirming with your service provider whether the mobile services are available for your mobile device, whether any restrictions may be applicable to your use of the mobile services, and whether any charges may apply to your use of the mobile services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the mobile services, you agree that Aris Industrial Supply may communicate with you through your mobile device and that certain information about your usage of the mobile services may be communicated to Aris Industrial Supply. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages Aris Industrial Supply intends to send to you are not sent to another person.

Your Access

By using Aris Industrial Supply, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through Aris Industrial Supply. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. If you are under 18, you may use Aris Industrial Supply only with the involvement of a parent or guardian. Aris Industrial Supply reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts. In the event that Aris Industrial Supply denies you access to one or more Aris Industrial Supply Services, the provisions in these Terms of Use governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms of Use shall survive such termination.

Miscellaneous

Unless otherwise expressly agreed to in a writing signed by a duly authorized officer or representative of Aris Industrial Supply, these Terms of Use contain the entire understanding between you and Aris Industrial Supply with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Aris Industrial Supply with respect to the subject matter hereof. The failure of Aris Industrial Supply at any time to enforce any of the provisions of these Terms of Use will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Aris Industrial Supply to thereafter enforce each and every provision of these Terms of Use. No waiver by Aris Industrial Supply of any breach of any provision of these Terms of Use will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms of Use is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms of Use, which will otherwise remain in full force and effect. Provisions concerning rights and obligations which, by the content of the provision, operate after termination or which are necessary to enforce any right, will survive any termination or expiration of these Terms of Use