Terms
By accessing Tidewater Safety Shoes Services Inc and its subsidiaries and divisions (collectively, “TSS”, “we” or “our”) websites and software applications (collectively, the “Sites”), you are agreeing to be bound by these Terms & Conditions of Service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing our Sites. The materials contained in our Sites are protected by applicable copyright and trademark law.
Use License
Permission is granted to temporarily download one copy of the materials on our Sites for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials.
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial).
- Attempt to decompile or reverse engineer any software contained on the Sites.
- Remove any copyright or other proprietary notations from the materials.
- Transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by TSS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
TSS reserves the right to refuse and/or delete any product posting at any time. Reasons for refusal / deletion can include fraudulent postings, attempts to promote another site or service, and the posting of any content not deemed appropriate by TSS. In the case of deleted content, a refund is not guaranteed.
Disclaimer
The materials on the Sites are provided “as is”. TSS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, TSS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Sites or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall TSS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Sites, even if TSS or a TSS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on the Sites could include technical, typographical, or photographic errors. TSS does not warrant that any of the materials on its Sites are accurate, complete, or current. TSS may make changes to the materials contained on its Sites at any time without notice. TSS does not, however, make any commitment to update the materials.
Links
TSS has not reviewed all the sites linked to and from the Sites and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement of the site by TSS. Use of any such linked web site is at the user’s own risk.
TSS Terms & Conditions Modifications
TSS may revise these Terms & Conditions for its Sites at any time without notice. By using the Sites, you are agreeing to be bound by the then current version of these Terms & Conditions.
Governing Law
Any claim relating to TSS’s Sites shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Sites will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of the Commonwealth of Virginia, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Newport News, Virginia.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from TSS. If you intend to propound discovery seeking user information from Tidewater Safety Shoes Services Inc, you agree to do so pursuant to a valid federal or Virginia request, addressed to and properly served at our registered agent in Virginia at Tidewater Safety Shoes Services Inc, 3714 Washington Ave, Newport News, VA 23607. You further agree to submit to the personal jurisdiction of the appropriate Virginia state or federal courts for such discovery proceedings.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Sites or these Terms & Conditions, if you are located in the United States.
Class Action Waiver
By using the Sites and in return for the services offered by TSS, you acknowledge that TSS can only offer you these services under the Terms & Conditions as presented herein. As partial consideration for your use of the Sites and these services, you agree not to sue TSS as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against TSS regarding your use of the Sites. If you do not agree to any part of these terms, do not continue your use of the Sites. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court.
Indemnification
You shall indemnify, defend and hold harmless TSS, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Sites or any TSS product, program, or service; (c) your loss of, or disclosure of, information gained from using the Sites or any TSS product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; or (g) the activities of any third-party service providers you engage to assist you with activities related to your use of TSS products and services. This defense and indemnification obligation will survive this Agreement and your use of the Sites or any TSS product, program, or service.
