Your access to and use of failurecontrol.com (the "Web site") are subject exclusively and strictly to these Terms & Conditions of Use:
Copyright
All Web site design, text, graphics, the selection and arrangement thereof and all software compilations, underlying source code, software (including applets) and all other material on this Web site are copyright Failure Control Limited and its affiliates or their content and technology providers, unless otherwise indicated. All trademarks for products we sell are recognised. ALL RIGHTS RESERVED. Any use of materials on this Web site-including reproduction, modification, distribution, or re-publication-without the prior written permission of Failure Control Limited is strictly prohibited.
Failure Control Limited's Rights
Failure Control Limited ("we/us") reserve the right to:
- change or remove (temporarily or permanently) the Web site (or any part of it) without notice to you and you confirm that we shall not be liable to you for any such change or removal: and/or
- change these Terms & Conditions of Use at any time, and your continued use of the Web site following any change shall be deemed to be your acceptance of such change. It is your responsibility to check the Terms & Conditions of Use regularly for changes. If you do not agree with any change to the Terms & Conditions of Use you must immediately stop using the Web site.
Third Party Links
We may provide links to other web sites or resources from time to time. Any such link to other web sites or resources is not an endorsement of such web site or resources and you acknowledge and agree that we are not responsible for the availability of and content on such web sites or resources.
Your Warranties
You warrant that:
- you will use the Web site only in accordance with these Terms & Conditions of Use and only for lawful purposes and in a lawful manner; and
- all information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.
Limitation Of Liability
The Web site is provided to you on an "as is" and "as available" basis without any warranty being given in relation to the Web site including (but not limited to) implied warranties of non-infringement, compatibility, security, accuracy or any implied warranty arising from course of dealing or usage or trade. We make no warranty that the Web site will meet your requirements or will be uninterrupted, timely, or error-free, that defects will be corrected or that the site or the server(s) that makes it available are free of viruses or bugs. We will not be responsible or liable to you for any loss of material uploaded or transmitted through the Web site. We will not be liable in contract, tort, negligence, for pre-contract or other representations (other than fraudulent or negligent representations) or otherwise out of or in connection with these Terms & Conditions of Use for: any economic loss (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any special or indirect losses whatsoever. Nothing in these Terms & Conditions of Use shall exclude or limit liability for death or personal injury resulting from our negligence or that of our agents or employees.
Indemnity
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms & Conditions of Use by you or other liabilities arising out of your use of the Web site
Severance
Each provision of these Terms & Conditions of Use shall be construed separately and independently of each other and the validity of any one part shall not affect the validity of any other part.
Law
These Terms & Conditions of Use shall be governed by the laws of England and you agree to submit to the exclusive jurisdiction of the English court.
