Terms of Use

Terms of Use

This site is provided courtesy of BARTON International and The BARTON Group (collectively, “BARTON”). It contains information and product offering capabilities for our current and potential customers. It is intended to assist you with a better understanding of our products and services and enable you to order certain products on-line.

The following terms and conditions (“Terms and Conditions”) govern your use of this web site (the “Site”), and by accessing, viewing, copying, printing or using the material in the Site, you indicate that you understand the Terms and Conditions and agree to be legally bound by them. You should not use this site if you do not wish to engage in an agreement about the Terms and Conditions (this “Agreement”).

Use and Accuracy

This Site is designed to provide general information about the business and services of BARTON. While BARTON endeavors to keep these materials accurate and up-to-date, BARTON does not warrant or represent, either expressly or by implication, that the information contained or referenced herein is accurate or complete and BARTON shall not be liable in any way for possible errors or omissions in the contents hereof. In addition, BARTON reserves the right to alter the content of this Site and the terms and conditions under which it is offered in any way, at any time, for any reason, without prior notification, and will not be liable in any way for possible consequences of such changes. BARTON reserves the right to terminate your access to the Site or any portion of this Site without notice in the event that you violate these Terms and Conditions or for any reason whatsoever.

Intellectual Property

All material contained in this Site is protected by law, including but not limited to United States copyright and trademark laws, as well as other state, national and international laws and regulations. All trademarks designating BARTON’s products and services are proprietary trademarks of BARTON; use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark laws. Please be advised that BARTON enforces its intellectual property rights to the fullest extent of the law. You are hereby authorized to access, view, copy, print, distribute, or use the materials on the Site for internal informational purposes only and provided that any copy of the materials or any portion thereof include proprietary notices used by BARTON. You may not modify the materials from this Site or make derivative works from them.

Disclaimers and Limitation of Liability

BARTON and its affiliates will not be liable for any loss resulting from a cause over which it does not have complete control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

This Site may contain links to other Internet web sites so that users may locate information that may be of interest. These sites are maintained by third parties over which BARTON exercises no control and, accordingly, BARTON expressly disclaims any responsibility for the content, the accuracy of the information and/or quality of products or services provided by or advertised on these third-party sites. BARTON’s inclusion of links to any web sites does not imply any endorsement of the material on such web sites or any association with their operators.

USE OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER BARTON NOR ANY OF ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF RELIANCE ON ANY INFORMATION CONTAINED OR SUBMITTED TO THE SITE, AND THE RISK OF INJURY RESTS ENTIRELY WITH YOU. THESE MATERIALS ARE PROVIDED “AS IS” FOR YOUR INFORMATIONAL PURPOSES ONLY WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

BARTON AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE MATERIALS OR ANY OTHER LINKED SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

Applicable Laws and Jurisdictional Issues

In connection with use of this Site, you shall abide by all applicable federal, state and local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright or trademark infringement.

These Terms and Conditions will be governed by and construed in accordance with the laws of the state of New York, United States of America, without reference to its choice of law rules. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials or other activities initiated by you) is presumed to occur in the state of New York. Furthermore, if you accept these Terms and Conditions, you consent to the jurisdiction of the federal and state courts presiding in the state of New York, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available.

If any part of these Terms and Conditions is declared invalid or unenforceable under applicable law, then such provision will be automatically adjusted to the minimum extent necessary to conform to the requirements for validity as declared at such time and, as so adjusted, will be incorporated as a part of these Terms and Conditions as though originally included and the remaining parts will continue to remain in effect. A printed version of these Terms and Conditions and of any notice given in electronic form will be admissible in any proceeding relating to these Terms and Conditions to the same extent as if in writing and signed by each party.

Indemnification

You agree to indemnify and hold harmless BARTON, its affiliates, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorneys’ fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.

Confidentiality and Privacy Issues

Please be advised that the confidentiality of any communication or material transmitted to BARTON via the Internet or unencrypted electronic mail cannot be guaranteed, including personal information such as your address. Consequently, BARTON is not responsible for the security of any information transmitted via the Internet. For more private communication, you may also contact BARTON by telephone at (518) 798-5462, or write to BARTON at: Six Warren Street, Glens Falls, NY 12801. This Site does not collect personally identifying information about individuals except when specifically and knowingly provided by such individuals. Please see BARTON’s Privacy Policy statement for protection of any personal information you may have provided to BARTON.

Correspondence

BARTON is pleased to hear from users of the Site and welcomes your feedback and suggestions for improvement. BARTON must, however, regretfully ask that you do not submit any copyrighted, confidential or proprietary information. If you send such information, the information shall be deemed, and shall remain, the property of BARTON. Any ideas, suggestions, or any other material received through this Site will be deemed to include permission for BARTON to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use or act on such communications without additional approval or consideration, and you hereby waive any claim to the contrary.

Export Controls

This Site is controlled and operated by BARTON from its offices within the United States. BARTON makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws.

In addition, software, information and data (if any) from this site may be subject to United States export control laws. No software from this site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals, the United States Commerce Department’s Table of Deny Orders or any similar list developed by a competent arm of the United States Government.

Termination

If you are dissatisfied with any portion of the Site, or with any conditions of use contained herein, your sole remedy is to discontinue use of this Site and destroy all materials obtained from any and all of the BARTON site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. BARTON may terminate this Agreement at any time without notice. BARTON reserves the right to update this Agreement from time to time and without notice. Updates will in no way relieve you of your obligations under earlier versions of this Agreement. Use of this Site constitutes acceptance of the terms of the agreement in place at the moment of use. This Agreement’s jurisdictional provisions shall remain in force for any dispute that arises over prior activities on this Site, regardless of whether or not either party has terminated the Agreement.

Entire Agreement

These Terms and Conditions, the Privacy Policy statement and other terms and conditions as may be found throughout the Site constitute the entire agreement between you and BARTON with respect to your use of the Site. You acknowledge that, in providing you access to and use of the Site, BARTON has relied on your agreement to be legally bound by these Terms and Conditions.