Terms and conditions2018-09-13T17:10:27+00:00

By purchasing products from Verinent Bearing, LLC (“Verinent”)  or using this website (“Site”) in any way, you agree that you have read, understood and agree to be bound by all of the provisions set forth herein and below (collectively, the “Terms and Conditions”), all of which constitute an agreement between you and Verinent. The unenforceability of any one of the Terms and Conditions shall not affect the enforceability of any of the other Terms and Conditions. The terms and conditions on any quotation, order acknowledgment, invoice or other form you receive from Verinent are incorporated into these Terms and Conditions by reference. These Terms and Conditions constitute the exclusive agreement between you and Verinent, except as otherwise agreed in writing signed by Verinent. Verinent’s failure to assert a right or insist upon compliance with any term or condition shall not constitute a waiver of that right or excuse any subsequent noncompliance. None of the Terms and Conditions shall be deemed to be waived or modified unless in writing and signed by the party against whom waiver or modification is sought. No waiver of any provisions in the Terms and Conditions shall be deemed a waiver of any other provision or a continuing waiver of that provision. Verinent reserves the right to change them by posting a revision on our Site.

Terms of Use and Notice of Copyright Infringement

These Terms and Conditions apply to our Site, microsites, mobile versions of this Site and mobile applications (“Sites”) that expressly adopt and display or link to these Terms and Conditions and that are owned, operated or controlled by Verinent or any of its affiliates (collectively, “Verinent”). We provide these Sites to you subject to these Terms and Conditions. By visiting, registering with, or shopping at a Site or downloading a mobile app with a link to these Terms and Conditions, you agree to accept and be bound by these Terms and Conditions, which can be modified from time to time, and our privacy policy at http://www.verinentbearing.com.   Please read them carefully.

Copyright:  All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by United States and international copyright laws. All software used on this site is our property or the property of our service provider or its suppliers and protected by United States and international copyright laws.

Trademarks:  Verinent retains all rights regarding its trademarks, trade names, brand names, logos and trade dress (individually and collectively hereafter “Marks”).  These Marks and all associated logos or images are registered and/or common law trademarks and are protected by U.S. and international laws and treaties.  No license to the use of such Marks is granted to you under these Terms and Conditions or by your use of this Site. Your misuse of the Marks displayed on this Site is strictly prohibited.

License and Site Access:  We grant you a limited, non-exclusive license to access and make personal use of this Site only in accordance with and for the purposes set forth in these Terms and Conditions.  No right, title or interest in our Materials is conveyed to you.  Downloading (other than page caching) copying, mirroring, archiving, modifying,  intercepting or redirecting of content from any part of this Site is strictly prohibited.   This license does not include any resale or commercial use of this Site or its Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent.  Redistribution, making a derivative work from and any other commercial exploitation of any content on this Site are expressly prohibited. Using bots, spiders, other indexing agents or any other device to copy any part of this Site or use of any technology or other means to hide your identity when accessing this Site are also strictly prohibited.

You do not have permission to access or use this Site in any way or for any purpose that involves a violation of these Terms and Conditions. All rights not expressly granted are reserved by Verinent.  Verinent retains the right to terminate your limited use license at will, at any time.

Special Notice:  We have a no-tolerance policy regarding the use of our Marks or names in metatags and/or hidden text.  Specifically, the use of our Marks or names in metatag keywords is trademark infringement, and the use of our Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition.  You may not, without our express written consent, do any of the following:  (a) link to any web page on this Site; (b) use any meta tags or any other “hidden text” utilizing our Marks or names; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Marks or other Materials with advertisements and/or other information not originating from our Site.

Any unauthorized use terminates your limited license, and we may revoke this limited license at any time for any or no reason.  In the event of a violation of these Terms and Conditions, Verinent reserves the right to seek all remedies available by law and in equity.  Verinent retains the right at our sole discretion to deny access to anyone to this Site, at any time and for any or no reason, including, but not limited to, for violation of these Terms and Conditions.  You are also advised that Verinent will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

COMMENTS, COMMUNICATIONS AND OTHER CONTENT

User Submissions:  This Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”).  You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, Verinent does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on this Site.  We have the right, but not the obligation, to monitor or remove any User Submission.  We take no responsibility and assume no liability for any User Submissions posted by you or any third party.

By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable license and right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you.  You grant us and our sublicensees the right to use the name that you submit in connection with such content, if they choose.

Any ideas you disclose to Verinent shall be deemed the property of Verinent and we are free to use any such disclosure for any purpose and in any media without compensation, and you warrant that all “moral rights” in any such disclosure have been waived. When participating in interactive portions of this Site, you represent that you have the right to use any information or content you upload or post and agree to abide by the following rules: (1) you will not provide infringing, defamatory, obscene, threatening, abusive, illegal or otherwise improper content; (2) you will not upload viruses or harmful components; (3) you will not use the Site to further any unlawful purpose or to violate the rights of any party; and (4) you will not provide content for a commercial purpose.

In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to Verinent as set forth in the license granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on this Site or otherwise by Verinent, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow Verinent to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us for all claims resulting from your User Submission(s).

Prohibited Uses Of This Site:  You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that:  (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings or any form of “spam”; (e) use a false email address, impersonates another person or entity, including Verinent and its employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in the judgment of Verinent, restricts, impairs, interferes or inhibits any other user from using or enjoying this Site and/or our related services and products.

Linking:  Links may be established from this Site to one or more external websites or resources operated by third parties (the “Third Party Sites”).  In addition, certain Third Party Sites also may provide links to this Site.  None of such links should be deemed to imply that Verinent endorses the Third Party Sites or any content therein.  Unless the link is to another Verinent website, Verinent  does not control and is not responsible or liable for any Third Party Sites or any content, advertising, Materials, or other materials on or available from such Third Party Sites.  Access to any Third Party Sites is at your own risk and  Verinent will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Notice of Copyright Infringement:  Verinent does not permit copyright infringing activities on this Site and may remove any content of any kind, for example, if properly informed that the content infringes upon another’s copyright rights.  Verinent may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to this Site is determined to be a repeat infringer.  If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may notify Verinent by providing the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Verinent to locate the same;
  • Information reasonably sufficient to permit Verinent to contact you, such as an address, telephone number, and, if available, an email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.

Our agent for notice of claims of copyright infringement can be reached as follows:

Hughes Watters Askanase

1201 Louisiana, 28th Floor, Houston, Texas 77002, USA

Attn: Gary Gunn

Phone: 713-759-0818

Email:  GGunn@hwallp.com

 

You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.

OUR PRODUCTS

Product Descriptions:  We attempt to be as accurate as possible regarding product descriptions, pricing and availability.  However, unless specifically stated otherwise in writing on this Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free.  From time to time there may be information on this Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability.  All quotations are for immediate acceptance unless otherwise stated.  We reserve the right to make changes in information about price, description, or availability without notice.  We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.  We have made every effort to display as accurately as possible the colors of our products that appear on this Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors.  The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.

Additionally, the recommendations, information and data contained on this Site are set out together with the greatest care and accuracy possible.  They are based on principles, equations and safety factors set out in the technical documentation of the Verinent and its affiliates, and are believed to be true and correct at the time of publication on this Site.  The information and data is subject to change after such date as Verinent reserves the right to change the designs, materials and specifications of the products on the Site without notice.

It is your responsibility, and/or the responsibility of your design, engineering and/or related professional, to ensure that a suitable product is selected, properly designed and used in the intended application.  This includes that the selected product and its use is compliant with any applicable legal requirements and will satisfy durability and performance criteria and margins of safety which they determine are applicable.  The products must be used, handled, applied and installed strictly in accordance with all current instructions for use and technical data published by Verinent.

LIMITATION OF WARRANTIES – PRODUCTS:  WITH RESPECT TO PRODUCTS SOLD ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  YOUR EXCLUSIVE REMEDY AGAINST VERINENT WILL BE FOR THE REPAIR OR REPLACEMENT OF DEFECTIVE GOODS OR AN ACCOUNT CREDIT NOT EXCEEDING THE PURCHASE PRICE OF THE DEFECTIVE GOODS. THE CHOICE OF THE PARTICULAR REMEDY SPECIFIED ABOVE WILL BE VERINENT’S SOLE DISCRETION – YOU WILL HAVE NO OTHER REMEDY.  IN NO EVENT WILL WE BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, LOST SALES, INJURY TO PERSON OR PROPERTY, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED OR THE PRODUCTS SOLD ON THIS SITE, EVEN IF VERINENT IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING BY VERINENT.  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.  FURTHER, VERINENT SHALL HAVE NO LIABILITYWITH RESPECT TO, AND YOU SHALL HOLD VERINENT HARMLESS FROM AND AGAINST:  (A) CHANGES IN THE DESIGN, DIMENSIONS, CHARACTERISTICS OR MATERIALS OF, OR OTHER MODIFICATION OR CHANGE TO, ANY  PRODUCT; (B) ANY PRODUCT THAT HAS BEEN INSTALLED IMPROPERLY OR CONTRARY TO ANY SPECIFIC INSTRUCTIONS OR EXAMPLE PROCEDURES PROVIDED TO YOU OR YOUR INSTALLER; (C) THE IMPROPER DESIGN OR OPERATION OF THE SYSTEM INTO WHICH ANY OF OUR PRODUCTS IS INCORPORATED; (D) ANY ACCIDENT, ABUSE OR MISUSE INVOLVING ANY OF OUR PRODUCTS; (E) THE UNREASONABLE USE (INCLUDING FAILURE TO PROVIDE REASONABLE, NECESSARY OR RECOMMENDED MAINTENANCE OR LUBRICATION), MISAPPLICATION OR OPERATION IN EXCESS OF STATED PERFORMANCE CHARACTERISTICS OF PRODUCTS; OR (F) COMPONENTS OF PRODUCTS NOT MANUFACTURED BY VERINENT.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY REGARDING INFORMATION:  THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.  WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

CLAIMS: All claims against Verinent must be made in writing to Verinent within twenty (20) days after your receipt of the products. Failure to give timely notice will constitute a waiver of all claims relating to the products and the order.

INDEMNITY

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VERINENT HARMLESS FROM ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM YOUR POSSESSION OR USE OF THE PRODUCTS, EXCEPT WITH RESPECT TO THE EXPRESS WARRANTIES. CUSTOMER SHALL PAY VERINENT ALL COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, INCURRED BY VERINENT IN EXERCISING ANY OF ITS RIGHTS OR REMEDIES HEREUNDER OR IN ENFORCING ANY OF THE TERMS, CONDITIONS OR PROVISIONS OF THESE TERMS AND CONDITIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD VERINENT HARMLESS FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, PROCEEDINGS, COSTS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEY’S FEES, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM YOUR VIOLATION OF THESE TERMS AND CONDITIONS OR USE OR MISUSE OF THIS SITE, OR FROM THE USE OR MISUSE OF ANY CONTENT OR ANY SERVICE, PRODUCT, INFORMATION OR MATERIALS PROVIDED THROUGH THIS SITE.

YOUR OBLIGATIONS UNDER THIS INDEMNITY SECTION, AND OTHER INDEMNITIES CONTAINED HEREIN, WILL SURVIVE YOUR TERMINATION OF ACCESS TO OR USE OF THIS SITE.

 

GENERAL

 

Credit Terms: Credit terms are as shown on the face of Verinent’s sales order, which is available to you on request. Accounts will be opened only with buyers whose credit Verinent approves. Verinent may change its credit terms on existing orders, in its sole discretion, to require cash on delivery, cash in advance, or credit card payment, whenever doubt as to a buyer’s creditworthiness develops for any reason.  Payment on open accounts is due within 30 days of shipment, net 30 days. Visa, MasterCard, and American Express are accepted for website orders. Credit card arrangements are subject to change. Late Payment Fees and/or a finance charge at the rate of one and one-half (1 ½ %) percent per month (or the highest rate permitted by law, if lower) of the invoice balance will be charged if payment is not received within thirty (30) days from the due date.

Cancellation: Your written purchase orders or orders from this Site may not be cancelled or substantially modified by you except as permitted in Verinent’s sole discretion.  To the extent that Verinent authorizes you to cancel or modify an order, you may only do  so if you assume immediate liability and make payment to Verinent for: (a) all completed work at the unit price; (b) in-process work on the basis of the percentage of completion times the order unit price; and (c) raw material, unamortized tooling, engineering charges, and other cancellation charges incurred based on Verinent’s cost plus handling and overhead charges. Verinent will determine all cancellation charges at the time of cancellation or deferment.

 

Applicable Law:  By visiting our Site, you agree that the laws of the State of Texas, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between us.  These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made and to be performed in Texas, without giving effect to conflict of law principles, and applicable federal law. Any personal information submitted will be subject to these laws, not those of any jurisdiction outside of the United States.

Delays. Verinent shall not be liable to you for any delay or failure to perform its obligations with regard to the order or otherwise.

Disputes:  Any dispute between you and Verinent concerning this Site or the products listed on this Site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however that Verinent may commence action against you in a court of law for infringement of Verinent’s intellectual property rights.  BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.  Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim.  The right and duty of the parties to resolve disputes by arbitration shall be administered exclusively by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures then in effect.  The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in any court having jurisdiction thereof.  The arbitration shall be held and the award shall be deemed to be made in the City of Houston, Harris County, Texas, United States of America, or such other place agreed to by the parties.  Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties.  The arbitrator shall have no authority to amend or modify these Terms and Conditions or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

Deliveries: Verinent is not responsible for any damages or loss resulting from delays, failures or any other issues related to deliveries or shipment.

Tolerances: Unless otherwise specified, all tolerances and dimensions will be to Verinent’s standards.

Telephoned Instructions: Verinent is not responsible for errors or misunderstandings related to orders or instructions given to Verinent by telephone.

No Assignment. You may not assign any of your rights under an order without the prior written consent of Verinent. No other person or entity may claim any rights either through contract or as third party beneficiary thereto for purchases made from Verinent by you.

Governmental Charges: You must  pay any tax, duty, or other governmental charge relating to this order.

Inspection: Unless Verinent otherwise states in writing, Verinent inspects goods on a sample basis only, pursuant to its standard inspection procedures.  You agree to inspect the products within twenty four (24) hours after delivery. Unless you give written notice to Verinent within twenty (20) days from the delivery date specifying any damage or defect or other objection to the materials or shipment, you shall be deemed to accept the products in such condition and state of repair.

Return Policy: Prior authorization must be obtained before any product is returned. Verinent will not accept goods that are returned without authorization.  All requests for returns must be made within twenty (20) days from the delivery date. Products tendered for return (except those tendered for defects) must be in saleable condition, packed in original cartons if possible and returned shipping prepaid to Verinent accompanied by a Returned Material Authorization (RMA) number clearly displayed on the shipping label. Regardless of shipping terms, products returned shall remain at your risk until actually received by Verinent. Any product quoted as “Non-Returnable” cannot be returned.

Patents: You must promptly notify Verinent if it learns of any claim that the goods specified in the order infringes on any patent. If such a claim arises, Verinent may cancel the order.

Legal Notice For New Jersey Residents:  Under the New Jersey Truth-in-Consumer Contract, Warranty and Notice ACT (“TCCWNA”), N.J.S.A. 56:12-14 et seq., consumers may not be offered any written contract which includes any provision that violates any clearly established legal right of a consumer, or responsibility of a seller, as established by state or federal law.  In addition, under the TCCWNA, no consumer contract may state that any of its provisions are or may be void, unenforceable or inapplicable in some jurisdictions without specifying which provisions are or are not void, unenforceable or inapplicable in New Jersey.  Therefore, the following provisions of these Terms and Conditions shall not be applicable to New Jersey residents: (1) in the Disclaimer of Warranties and Limitation of Liability section, (a) the provision concerning limiting our liability for any loss or damage is not applicable to New Jersey residents to the extent we were negligent or have breached our obligation to you, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property; (2) in the Comments, Communications and Other Content section, the provision concerning the indemnification by you is not applicable to New Jersey residents unless you were negligent or have breached these Terms and Conditions; and (3) in the Disputes section, (a) the provisions which limit the time within which claims against us must be brought, and (b) the provision concerning the exclusion or limitation of certain damages is not applicable to New Jersey residents with respect to punitive damages, loss of data, and loss of or damage to property.

Not Located in a Restricted or Prohibited Area:  You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist support” country and (ii) you are not included on any U.S. Government list of prohibited or restricted parties.

Waiver: Waiver by Verinent of a breach of any one or more of these Terms and Conditions will not be construed as a waiver of a breach of any of the other Terms and Conditions or a waiver of any future breach.

Other Terms and Conditions, Site Modification and Severability:  We may offer the opportunity to participate in sweepstakes, contests or other promotions through this Site.  In addition to these Terms and Conditions, the sweepstakes, contests or other promotions will be governed by terms and conditions specific to those sweepstakes, contests or promotions.  If there is a conflict between these Terms and Conditions and the terms and conditions for the sweepstakes, contests or other promotions, the terms and conditions for the sweepstakes, contests or promotions will control.

Notices. All notices required or permitted in connection with these Terms and Conditions or any order shall be in writing and sent by registered or certified mail, returned receipt requested with proper postage affixed. Notices shall be sent to the address for the party indicated on the face of the order, pack list or invoice, or to such other address which the party may from time to time designate in writing. Notice shall be deemed given upon receipt.

We reserve the right to make changes to this Site, our policies and these Terms and Conditions at any time in our sole discretion.  The most current version of the Terms and Conditions will supersede all previous versions and can be reviewed by clicking on the “Terms and Conditions” link on this Site.  Your use of the Site after changes are made to the Terms and Conditions signifies your agreement to such changes.  These Terms and Conditions shall be deemed to supersede any agreement entered into between you and Verinent concerning the products, or any prior or subsequent course of dealing, written or oral, or any trade usage, or any terms or conditions of your purchase order or other documents received from you.

If any provision in these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions; provided, however, the foregoing severability provision does not apply to residents of New Jersey, who are instead subject to the provisions contained in the LEGAL NOTICE FOR NEW JERSEY RESIDENTS section.

Effective Date: These Terms and Conditions effective as of:  January 1, 2018

©2018 Verinent Bearing, LLC; All Rights Reserved. This Site and its contents are protected by copyright and trademark laws and may not be reproduced without written permission of Verinent. This site is governed by applicable U.S. laws and governmental regulations. Your use of this site constitutes your consent to application of such laws and regulations and to our Privacy Policy and Terms and Conditions.

Export Regulations: You agree to comply with all laws, including the U.S. Export Administration Act, 50 USC §§2401-2420; the Export Administration Regulations, 15 CFR §§730-774; the U.S. Arms Export Control Act, 22 USC §§2751-2780; the International Traffic in Arms Regulations, 22 CFR §§120-130; the Regulations of the Office of Foreign Assets Control of the U.S. Treasury Department, 31 CFR §§500-599; the Regulations of the Bureau of Alcohol, Tobacco, and Firearms, 27 CFR §§447-555; the Homeland Security Act of 2002; the U.S. Customs and Border Protection Regulations, 19 CFR 1-199 (“CBP”); as well as any applicable export or import requirements of other jurisdictions regardless of whether or not of the United States. If Verinent is supplying defense articles, you agree to maintain a valid and current Directorate of Defense Trade Controls (“DDTC”) registration. You must provide your DDTC registration status (whether registered or not, with expiration date) to Verinent and promptly advise Verinent of any updates or changes to such information, in the format requested by you. With respect to defense articles and services furnished hereunder, you certify that you have not paid, offered or agreed to pay, and agrees that you shall not pay, offer or agree to pay, for the purpose of soliciting, promoting or otherwise to secure the sale of defense articles and services to or for the use of the armed forces of an international organization or non-U.S. Country, any (i) fees or commissions in excess of $1,000 or (ii) political contribution (including any gift, rebate or payment of expenses) to a non-U.S. person or entity.  You agree: (i) that Verinent’s sale and shipment of any product will not, by export thereof, cause Verinent to violate any law; and (ii) to indemnify Verinent against any losses and costs incurred from a failure by you to comply with any law or from any unlawful use by anyone of any product ordered by you.