Legal and IP
LAST UPDATED: MAY 9, 2017
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S-5! is not liable for any harm, loss or damage caused by or arising from any information or materials on this Site, or the direct or indirect use of or reliance on such information or materials, which may be out of date or incomplete.
The Site may include a process by which you may apply to become a registered user, and you may be asked to submit certain information about yourself and to create a password-protected account to access certain nonpublic areas of the Site. You agree to keep your account information and password confidential and to notify S-5! immediately of any actual or suspected unauthorized use of your account. You are solely responsible for all activities that occur through your account and represent and warrant that: (a) all information you provide is true, accurate, current, and complete; and (b) you will maintain and promptly update the registration information to keep it true, accurate, current, and complete. Failure to comply with the foregoing shall constitute a breach of these Terms, which may result in immediate termination of your account.
You hereby represent, warrant, and covenant for the benefit of S-5! that: (1) you have the legal right and authority to enter into these Terms, and, if you are accepting these Terms on behalf of a company or other entity, to bind the company or other entity to the Terms; (2) you have the legal right and authority to perform your obligations under these Terms and to grant the rights, etc. described in these Terms and in any applicable additional agreement you enter into in connection with the Site; (3) all information you provide to S-5! in connection with these Terms and your access to the Site and use of the Site is correct and current.
You will indemnify, defend, and hold harmless S-5!, employees, agents, contractors, assigns, licensees, and successors in interest from any and all claims, losses, liabilities, damages, fees, expenses, and costs that result from any claim or allegation arising from your accessing the Site or your breach of any Terms and S-5! will provide you with notice of any such claim or allegation and have the right to participate in the defense of any such claim at its expense.
The Site may contain links to third-party sites that are not under the control of S-5!. If you access a third-party site from the Site, then you do so at your own risk. S-5! provides links only as a convenience, and the inclusion of the link does not imply that it endorses or accepts any responsibility for the content on those third-party sites.
If for any reason any provision of Terms are invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability, without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
These Terms are governed by the laws of the State of Colorado, without giving effect to any conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act are specifically disclaimed and excluded from these Terms.
S-5! affiliates are intended third-party beneficiaries under these Terms and Notices, with the right to enforce the provisions to which they have rights.
Patent Marking and Notices
S-5! and its team members, for decades, have taken great pride in developing new and innovative products marketed within the metal roofing industry. Many of these have been described in U.S. and foreign patent applications and been covered by claims issuing from those patent applications. We had never imagined that we would amalgamate such a huge portfolio of innovations resulting with over 50 issued patents over the course of the 25-year history of our company.
We at S-5! have always informed the marketplace of these innovative proprietary products through our various marketing materials, product packaging and sometimes on the parts themselves advising that some of our products are patent protected.
Patents have a certain “shelf life” and periodically expire. Until very recently, we were unaware that it is necessary to update our materials to reflect that a patent no longer covers a product or component, even though it once did. We apologize for this unintentional oversight.
We also want you to know that we have now corrected that issue and put in place new systematic procedures to ensure that such oversight does not occur in the future. Literature, packaging and website will now reference a webpage that will contain real-time information in this regard or links to that information.
Finally, we currently have product inventory. Some is marked with “Patented” on the product itself, but the patent covering it has expired. So as not to needlessly waste resources, we will be selling out that inventory of products, but will be including a copy of this statement in the packaging of all products that are marked “Patented”, but where the patent has expired, thus alerting the customer that the product is not covered by patent.
THE FOLLOWING S-5! PRODUCTS ARE COVERED BY THE FOLLOWING UNITED STATES PATENTS:
One or more products may also be covered by one or more and pending United States patent applications or foreign patents or applications.
All S-5! content included in or made available to you, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of S-5! or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available is the exclusive property of S-5! and protected by U.S. and international copyright law.
The following is a non-exhaustive list of S-5! Trademarks:
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any S-5! site are trademarks or trade dress of S-5! in the U.S. and other countries and may not be used in connection with any product or service that is not S-5!’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits S-5!. All other trademarks not owned by S-5! that appear in any site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by S-5!.
Electronic Communications Notice
When you send e-mails, text messages and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or others and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranty Notice
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TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, S-5! DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. S-5! DOES NOT WARRANT THAT THE S-5! SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE S-5! SITE, S-5!’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM S-5! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. S-5! WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY S-5! SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY S-5! SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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