DORMA ("DORMA" including Modernfold, Inc., Rutherford Int'l Corp.) operates the www.dorma-usa.com | www.dorma.com/us (also www.modernfold.com, www.rutherfordcontrols.com) website ("Site") and your use of the Site signifies your agreement with the following Terms (the "Terms"). If you do not agree with any of the Terms, please do not use this Site. DORMA reserves the right, in its sole discretion, to modify these Terms without further notice and at any time. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with DORMA for products, services, or otherwise. If you register for and/or use the additional features located on our Site additional rules, policies, and disclaimers may apply.
Copyrights: All materials on this Site, including, without limitation, the DORMA logo, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are protected by copyrights which are owned or licensed by DORMA, or otherwise used with permission by DORMA. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by DORMA without the prior written permission of DORMA. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of DORMA's copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from DORMA.
Trademarks: DORMA's trademarks in the United States and other countries include but are not limited to: DORMA, EASI-ALIGN, TIGHT LOCK, and LEADING THE WORLD IN DOOR SYSTEMS TECHNOLOGY. Other names and brands may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of DORMA or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of DORMA, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DORMA.
Copyright Agent for Copyright Infringement Claims (Digital Millennium Copyright Act): DORMA respects the rights of all copyright holders and in this regard, DORMA has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DORMA's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512:
DORMA's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
Cozen O'Connor Attorneys
1900 Market Street
Philadelphia, PA 19103-3508
Attn: Scott B. Schwartz, Esq.
When using the Site, you may be able to transmit e-mail, messages, suggestions, ideas, concepts, or post these on any Boards (as defined below) on the Site ("Content"). By posting, submitting, or otherwise providing Content in any form or manner, to DORMA for inclusion on the Site, you:
DORMA is not responsible for any material posted in any Message Board, chat room or in any other forum on this Site (together the "Boards"). DORMA is merely providing access to such material in the Boards as a service to you and Boards shall be used only in a noncommercial manner.
You agree not to upload, transmit, distribute or otherwise publish on the Boards any material that is:
You also agree to indemnify DORMA for any claims or suits arising from your posting of such material on the Boards.
DORMA reserves the right to monitor and delete any postings deemed inconsistent with its policies. DORMA also reserves the right to, at our discretion; terminate the registration of any user of the Boards who violates any of the Terms. If you are aware of any such material posted on the Site, please contact us at [CONTACT@DORMA.COM]. Please provide as much detail as possible, including a copy of the underlying material, the location where DORMA may find it, the reason(s) such postings should be removed and a statement, signed under penalty of perjury, certifying the accuracy of the information you provide to us. To the extent any notice is based on an alleged copyright or trademark violation, please provide copies of applicable state or federal registration certificates. Although DORMA will do its best to monitor materials in Boards, in no event does it assume any particular obligation to do so or liability for failing to either monitor the Boards or remove specific material.
In using the Site, you agree:
In addition, you agree that you will comply with all applicable local, state, national, and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
DORMA makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of DORMA and DORMA is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The inclusion of any link does not imply affiliation, endorsement, or adoption by DORMA of the Site or any information contained therein. When leaving the Site, you should be aware that DORMA's Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.
By using this Site and/or transmitting to it any Content, you agree to indemnify DORMA, its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies for any and all claims, damages, losses and causes of action arising out of your breach or alleged breach of this agreement.
THE MATERIALS ON THIS SITE AND ANY PRODUCTS PROMOTED, MARKETED, AND/OR SOLD BY DORMA OR OTHERS ARE TRANSMITTED AND DISTRIBUTED "AS IS" AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. DORMA MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply to you.
The materials provided in this Site are for educational and promotional purposes only. User may not rely on any information and opinions expressed in it for any other purpose. Neither DORMA, nor its officers, directors, parents, partners, employees, agents, distributors, affiliates, subsidiaries and their related companies are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on the Site.
IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL DORMA OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF DORMA OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DORMA'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DORMA FOR ANY PRODUCTS SUPPLIED BY DORMA THROUGH YOUR USE OF THE SITE.
DORMA will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood, or war.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
DORMA may, in its sole discretion, terminate or suspend your access to all or part of the Site, including, but not limited to, any Boards on the Site, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding Content appearing on the Site, and the representations and warranties, indemnities and limitations of liabilities set forth in this agreement will survive any such termination. You agree that DORMA shall not be liable to you for any termination of your use of or access to the Site.
DORMA may, in its sole discretion, terminate, change, modify, suspend, make improvements to, or discontinue any aspect of the Site or any products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that DORMA shall not be liable therefor.
This Site is controlled, operated, and administered by DORMA from its offices within the United States of America. DORMA makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. You may not use the Site or export the content or products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without resort to its conflict of law provisions. In the event of a dispute arising out of your use of the Site and/or these Terms, the proper jurisdiction and venue will be the state courts of the Commonwealth of Pennsylvania in Philadelphia County or, as may be appropriate, the U.S. District Court for the Eastern District of Pennsylvania. You consent to the exercise of personal jurisdiction of these courts over you in the event of such a dispute.
You represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least thirteen (13) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Site only as set forth in the Terms. DORMA does not warrant that: (a) the Site will be uninterrupted or error free; (b) defects or errors in the Site will be corrected; (c) the Site will be free from viruses or other harmful components; or (d) any information contained in the Site will be accurate or reliable.
The section titles in these Terms are used solely for the convenience of you and DORMA and have no legal or contractual significance.
If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
The Terms constitute the entire agreement between DORMA and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by DORMA to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
Nothing in these Terms will be construed as creating a joint venture, partnership, employment, or agency relationship between you and DORMA, and you do not have any authority to create any obligation or make any representation on DORMA's behalf. You may not assign this agreement, by operation of law or otherwise, without DORMA's written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of, and be enforceable against you and DORMA and their respective successors and assigns.
Last Updated: January 31, 2013