Last modified: October 16, 2017
Use of Information. COBRA authorizes you, subject to the limitations that follow to view and download certain information available at the Site. This information may consist of technical information, product literature, and other materials relating to COBRA or its services (“COBRA Information”). You may not remove any copyright, patent, trademark, or other proprietary notices present on or near COBRA Information. You may not modify COBRA Information in any way. You may not use, reproduce, distribute, transmit, or publicly display COBRA Information for any commercial purpose, unless expressly authorized in writing in a separate agreement by COBRA. The permission granted in these Terms is personal to you and not transferable. COBRA Information is protected by intellectual property laws, and any unauthorized use of COBRA Information may violate applicable law in addition to these Terms.
Submissions. Any submissions you make to COBRA through this Site (including but not limited to emails sent to COBRA using this Site) will be treated as non-confidential and non-proprietary, and they may be disseminated or used by COBRA for any purpose whatsoever. You may not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under any law. You may not post or transmit to or from this Site any material that violates the copyright, patent, trademark, or other proprietary rights (including rights of publicity and privacy) of another. COBRA reserves the right to prohibit further postings by you for violation of these Terms or for any other reason.
Links to Other Sites. Any links to or from third-party websites that are not maintained by COBRA are provided solely as a convenience to you. COBRA generally has not reviewed such third-party sites and does not control and is not responsible for any such sites or their content. COBRA does not endorse or make any representations about them or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any such third-party websites, you do so entirely at your own risk.
Disclaimer. This Site and all data and information provided at this Site are provided “as is” and “as available” any warranty of any kind. Except as expressly required by law without the possibility of contractual waiver, we disclaim all representations and warranties, express and implied, with respect to the Site and any information, material or data displayed, accessible or otherwise obtained through the Site, including any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement or any other warranties that may arise from usage of trade or course of dealing. Without limiting the foregoing, we do not make any, and hereby expressly disclaim all, representations, warranties and guarantees regarding (i) the Site and information, material or data displayed, accessible, downloaded or otherwise obtained through the Site in terms of correctness, accuracy, reliability, quality, timeliness, availability, security, compliance with applicable laws or otherwise, or (ii) whether the operation of the Site and any information, material or data displayed, accessible, downloaded or otherwise obtained through the Site will be uninterrupted or error free.
Limitation of Liability. To the fullest extent permitted by applicable law, we will not be liable for any punitive, indirect, consequential or special damages, loss of privacy or security damages, or for any lost profits, lost data, lost business, lost revenues, damage to goodwill, lost opportunities or loss of anticipated savings, arising out of or related to your use or inability to use the Site, however caused, regardless of whether the claims are based in contract, tort, strict liability, infringement, or any other legal or equitable theory and even if we have been advised of the possibility of such damages. You acknowledge that Internet accessibility carries with it the risk that your privacy, confidential information and property may be lost, destroyed or compromised and that we are not liable to you for any such damage or loss resulting from this information and property being lost, destroyed or compromised. You download or otherwise obtain information, material or data through the use of the Site at your own discretion and risk, and we are not liable to you for any damage to your computer system or device or any loss of data that results from accessing or downloading such information, material or data. We are not liable to you for any harm or losses resulting from any goods or services purchased or transactions entered into through the Site. We are not liable to you for the deletion, failure to store, misdelivery or untimely delivery of any information, material or data occurring or resulting from your use of the Site. You acknowledge that a governmental entity may intercept your information or data or require us to disclose your information or data, and we are not liable to you for any such disclosure. In no event will our total liability to you under any theory of liability exceed the amount of $50 United States dollars.
Indemnification. You shall indemnify us against all losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, settlements, penalties, fines, costs and expenses of whatever kind, including reasonable attorneys’ fees and the cost of enforcing any right to indemnification under this agreement, as they become due arising out of or relating to any claim, suit, action, threat or demand arising out of or relating to your use of the Site (or the use of the Site by another person allowed by you on your device) or a breach of this agreement.
Suspension and Termination. We may modify, suspend, or discontinue the all or any portion of the Site at any time without notice or liability to you. Upon a suspension or termination of the Site, all rights granted to you will terminate.
Waiver; Amendments. No waiver of satisfaction of a condition or nonperformance of an obligation under these Terms will be effective against us unless it is in writing and signed by an officer of Cobra Metal Works, Inc, Inc., and no such waiver will constitute a waiver of satisfaction of any other condition or nonperformance of any other obligation. We may change, modify or amend these Terms, in whole or in part, at any time, by posting the modified version on the Site. We are not required to give you notice of any amendment to these Terms, and you acknowledge that it is your responsibility to review these Terms from time to time and whenever you access the Site. Your continued use of the Site following the publication of such amendment will be deemed your acceptance of the amended Terms.
Assignment. You shall not assign or otherwise transfer, by operation of law or otherwise, any of your rights, or delegate or otherwise transfer any of your obligations or performance, under these Terms, without our prior written consent. No delegation or other transfer will relieve you of any of your obligations or performance under these Terms. Any purported assignment, delegation or transfer in violation of this section is void. These terms are binding upon and inure to the benefit of you and us and each of our permitted successors and assigns.
Severability. If any portion of these Terms are held invalid or unenforceable, that portion may be modified only to the extent necessary for enforcement, will be enforced to the maximum extent permitted by law, but will have no impact on the enforceability of the rest of these Terms.
Third Party Beneficiaries. These Terms are intended for the benefit of you and us only and nothing contain in these Terms will be deemed to give any third party an intended or incidental claim or right of action against Cobra Metal Works, Inc, Inc. that does not otherwise exist without regard to these Terms.
Governing Law. These Terms and any claims arising out of or relating to these Terms or your use of the Site are governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of laws of any jurisdiction other than those of the State of Illinois. All such disputes must be resolved in the state or federal courts of Illinois, and each of us irrevocably consents to the exclusive venue and personal jurisdiction of those courts. The prevailing party in any action under this agreement will be entitled to recover its reasonable costs and attorneys’ fees. You irrevocably waive your rights to a trial by jury in any such action or proceeding.
Entire Understanding. These Terms and all documents referenced in these Terms is the complete and exclusive statement of agreement between you and us concerning the subject matter of this agreement, and it supersedes all prior understandings and other communications between you and us relating to this agreement.