Website Terms of Service
1. User's Acknowledgment and Acceptance of Terms of Service
Tork Systems Inc. ("we" or "us") provides the Tork Systems Inc. website and various related services. This also includes all equivalent, mirrored, auxiliary, replacement, substitute, or backup websites and web pages, as well as those containing authorized content owned by Tork Systems Inc. (collectively, the "Website") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein. This compliance also extends to any other written agreement between us and you either in print or electronically. In addition, when using services or materials on this website, users shall be subject to any posted rules applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.By using this website, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, please exit the website now. Your remedy for dissatisfaction with this website, or any products, services, content, or other information available on or through this website, is to stop using the website and/or those products or services. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon commencement of your use of this website.
These Terms of Service are effective as of June 1, 2023. We expressly reserve the right to change these Terms of Service at any time. Such modification shall be effective upon posting by us on the website. You acknowledge and agree that it is your responsibility to periodically review these Terms of Service to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
The Services on this website are offered and available only to users 18 years of age or older. If we believe, in our sole discretion, that you are under 18 years of age, your account may be terminated without warning. By using or attempting to use our website, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
If your use of our website is prohibited or restricted in any way by the laws, regulations, or other governmental requirements of the jurisdiction in which you live or reside, you may not access or use this website. Use of this website is void where prohibited. Furthermore, if for any reason you do not agree with ALL of the terms and conditions contained in these Terms of Service, discontinue use of this website immediately. Â
As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, vendors, sponsors, advertisers, and partners. This also includes (without limitation) all parties involved in creating, producing, and/or delivering this website and/or its contents.
2. Description of Services Provided
We provide various services and information on this Website, and it is your responsibility to secure all necessary equipment to utilize these services. This includes a computer, modem, and Internet access (inclusive of all associated fees). You are solely responsible for expenses incurred for accessing this Website.We exclusively reserve the right to modify or discontinue the Website, including any of its features, at any time without prior notice to you. We will not be held liable to you or any third party should we choose to exercise this right. Any new features that augment the current services on this Website shall also fall under the purview of these Terms of Service.
3. Registration Data and Privacy
To access some of the services on this Webite, you will need to create an account and password. This can be achieved by completing our online registration form, which asks for specific information and data ("Registration Data"). You are responsible for maintaining and updating your Registration Data as needed. By registering, you attest that all information provided in the Registration Data is accurate. You also agree to maintain and update this information to ensure its ongoing accuracy, completeness, and relevance. We are not responsible for the accuracy or completeness of any Registration Data you provide to us via this Website or any other way.Additionally, you give us the right to disclose certain Registration Data about you to third parties. The information we gather through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is expressly incorporated into these Terms of Service.
4. Conduct on Website
Your use of the Website must comply with all applicable laws and regulations, and you bear sole responsibility for the content of your communications through the Website. By posting information or otherwise using any communication vector through this Website (email links, file uploads, forms, etc.), you agree that you will not upload, share, post, or otherwise distribute any content -- including text, communications, software, images, sounds, data, or other information -- that:Â
a. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
b. Impersonates any person or entity, including any of our employees or representatives.
c. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts.
d. Constitutes unauthorized or unsolicited advertising, junk, bulk, spam email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses, or any other malicious computer code, files, or programs intended to damage, disrupt, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
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Furthermore, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be accessible to you or other authorized users. You should not interfere with anyone else's use of the Website or other similar services. Users who violate system or network security may face criminal or civil liability.
You agree that we can, at any time and at our sole discretion, terminate your account or other affiliation with our Website without prior notice. Furthermore, you acknowledge that we will cooperate fully with investigations of violations of system or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not use any automated mechanism, including but not limited to, any web scraper, A.I. Tool (also known as “Artificial Intelligence”), offline reader, spider, or robot, to access, extract or download any content from the Website unless you are expressly authorized to do so by us.
We grant operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either broadly or in specific cases.
6. Intellectual Property and Creative Assets
For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes message boards, chat, and other original content.By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Tork Systems Inc. and/or its Affiliates. You are permitted only to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in civil or criminal penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Tork Systems Inc. or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grant you any right to use any trademark, logo, and/or the name of Tork Systems Inc.. Neither we or our Affiliates warrant that your use of materials displayed on or obtained through this Website will not infringe the rights of third parties.
7. Unauthorized Use of Materials
In accordance with our Privacy Policy, any communication or material that you transmit to us via this Website, electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose, regardless of the form or medium in which it is used.Please refrain from submitting confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals. Do not submit any such missives to us in any way. Â
Commercial exploitation of the Site or any part of its content is strictly prohibited. Unauthorized use, duplication, reproduction, resale, or other commercial exploitation of any portion of this Site, or any use of or access to this Site, is not permitted.
Tork Systems respects the intellectual property of others and expects users of the Website to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately (see below). For the notification to be effective, it must include the following:
1) A detailed identification of the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2) Identification of the material that you claim is infringing the copyrighted work listed in item above.
3) your Contact information, preferably an email address.
4) The following statement: "I have a belief, in good faith, that use of the copyrighted materials described herein is not authorized by the copyright owner, its agent, or the law."
5) The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6) Include your signature.
7) Send the written communication to the following address:
Upon receipt of notice of a claim of copyright infringement, you acknowledge and agree that we may immediately remove the identified materials from our Website without liability to you or any other party. The claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
All materials and services on this Website are provided on an "as is" basis, without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of quality, fitness for a particular purpose, or non-infringement. We make no warranty that the services and materials will meet your requirements, will be uninterrupted, timely, secure, or without errors. Furthermore, we make no warranty that the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable. We make no warranty about the quality of any products, services, or information purchased or obtained by you from the Website, nor that they will meet your expectations or be free from mistakes or defects.This Website could include technical mistakes, misconfigurations, inaccuracies, or typographical and visual errors. We may make changes to the materials and services on this Website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Website may be out of date or antiquated, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition or access of any materials through this Website is done at your own discretion and risk. Such usage is made with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Content available through this Website often represents the opinions and judgments of an information provider, vendor, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized spokesperson speaking in their official capacity.
You acknowledge and agree that temporary interruptions of the services available through this Website may occur as ordinary events. You further understand and agree that we have no control over third-party networks you may access in the utilization of this Website and therefore delays and disruptions of other network transmissions are completely beyond our control.
You acknowledge and agree that the services available on this Website are provided "as is" and that we assume no responsibility for the promptness, deletion, errors, or failure to store any user communication and data.
9. Limitation of Liability
In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Website or of any website referenced or linked to from this Website.Furthermore, we shall not be liable in any way for any third-party goods and services offered through this Website or for assistance in conducting commercial transactions through this Website, including without limitation the processing of orders and all other transactions.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.11. User Accounts and Security
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.12. Order Cancellations and Refund Policy
We will allow order cancellations and issue refunds in accordance with the conditions listed in our Cancellation & Refund Policy. Â Further questions can be directed to our Customer Service and Sales Support.13. Product Availability and Backorder Policy
Tork Systems Inc. strives to provide accurate product availability information. However, our suppliers may occasionally make changes in their stock after an order has been placed. If an item that you ordered turns out to be out of stock, we will promptly notify you as soon as we are informed by the supplier. At that point, we will offer you two choices: you can either opt for a full, immediate refund, or choose to wait for the item with a delayed shipment date.All products that are unavailable will be clearly indicated on their respective product pages. In the rare event an order is placed for an unavailable product, we will provide a full refund.
14. Risk of loss
All products purchased from this Website require physical delivery, and so the purchase agreement includes a shipment contract. This means that the risk of loss and ownership (title) of these items is transferred to you once we transfer the items to the shipping carrier.15. Right to Modify or Cancel
We reserve the right to modify or cancel any part of an order at any time. This includes, but is not limited to, changes in product quantities, delivery schedules, shipping charges, and payment processing fees. In the event of a modification or cancellation to an order, customers will be notified via contact details provided by the customer in their orders. In the case of order modifications, you will have the option to accept the changes or cancel the order.16. Product Pricing
We reserve the right to alter pricing as presented on this website at any time without prior notice. While we strive to present accurate product and pricing information, pricing or typographical errors may occur. In the case of such an error, refer to our “Right to Modify or Cancel” portion of this document.17. International Use
Although our Website is accessible globally, we do not represent or warrant that the materials on this Website are suitable or available for use in locations outside of the United States. Accessing the Website's content from territories where such content is illegal is strictly prohibited. Individuals who choose to access this Website from other locations do so of their own volition and are solely responsible for adhering to their local laws.Further, any offer pertaining to any product, service, or information in relation to this Website is considered null and void where it is prohibited by law. We stress that it is the user's responsibility to ensure that their use of the Website and its services complies with their local laws and regulations.
18. Termination of Use
We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of this Website at any time, with or without notice, for any reason including, but not limited to, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may result in termination of your access to this Website and may be referred to the appropriate law enforcement authorities.Upon termination or suspension for any reason, your right to use the services provided on this Website will cease immediately. You acknowledge and agree that we may instantly deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or this Website.
We shall not be liable to you or any third party for any claims or damages resulting from any termination or suspension of your access to the Website, or any other actions we take in connection with such termination or suspension.
19. Governing Law and Jurisdiction
This Website is managed by us from our offices and personnel within the United States of America. The Website can be accessed from all 50 states of the USA, as well as from other countries around the world. As each of these places may have laws that differ from those of Florida, by accessing this Website, both you and we agree that the statutes and laws of the State of Florida, without regard to its conflicts of laws principles and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website.Both you and we agree to submit to the exclusive personal jurisdiction and venue of any court of jurisdiction within the State of Florida with respect to such matters.
20. Notices
All notices to any party must be made in writing and transmitted either via conventional or electronic mail (email). All such notices must be sent to the attention of Customer Support at webadmin@torksystems.com. If transmitted by mail, send message to: Tork Systems, Inc., PO Box 350117, Jacksonville FL 32235 United States<address>.Notices sent from Tork Systems Incorporated to you may be sent to the principal and/or billing address supplied by you as part of your Registration Data on this Website. In addition, we may broadcast notices through this Website to inform you of changes to this Website or other matters which shall constitute as notice to you at the time of these broadcasts.
21. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof, and they supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document, or to enter an order for products or services which are subject to additional or altered terms and conditions, shall be null and void unless otherwise agreed to in a written agreement signed by both you and us. In the event of any conflict or inconsistency between anything in or associated with this Site and these Terms of Service, these Terms of Service shall take precedence.22. User Responsibilities Regarding Compliance with CMMC Standards
Tork Systems Inc. is fully committed to protecting Controlled Unclassified Information (CUI) in accordance with NIST 800-171 and Cybersecurity Maturity Model Certification (CMMC) standards. Users of this Website may not transmit any information that would constitute a violation of these standards. As a user of this Website, you agree that you are solely responsible for ensuring familiarity with CUI safeguarding practices regarding usage of this Website and all communications, transfers, and interactions with Tork Systems. Â Tork Systems expressly forbids the transmission of CUI via Company websites, email addresses, or any other unapproved means.Any user of this Website found to be in violation of CUI safeguarding provisions may be denied access to this Website and be blocked from all contact with Tork Systems at their full discretion. Furthermore, Tork Systems will report such violations to appropriate authorities in accordance with these standards.
23. Enforcement and Compliance
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises, or be considered forever waived and barred.We reserve the right to freely assign our rights and obligations under these Terms of Service. You may not assign your rights and obligations under these Terms of Service to any third party, and any attempt to do so will be null and void.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site due to any event beyond our reasonable control. This includes, but is not limited to, labor disturbances, wars, fires, accidents, adverse weather, inability to secure transportation, governmental acts or regulations, and other causes or events beyond our reasonable control, regardless of their similarity to those listed.
Should any part of these Terms of Service be held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect as closely as possible the original intentions of the parties. The remaining portions will remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.
Website Terms of Service
1. User's Acknowledgment and Acceptance of Terms of Service
Tork Systems Inc. ("we" or "us") provides the Tork Systems Inc. website and various related services. This also includes all equivalent, mirrored, auxiliary, replacement, substitute, or backup websites and web pages, as well as those containing authorized content owned by Tork Systems Inc. (collectively, the "Website") to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein. This compliance also extends to any other written agreement between us and you either in print or electronically. In addition, when using services or materials on this website, users shall be subject to any posted rules applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.By using this website, you agree to be bound by these Terms of Service. If you do not wish to be bound by these Terms of Service, please exit the website now. Your remedy for dissatisfaction with this website, or any products, services, content, or other information available on or through this website, is to stop using the website and/or those products or services. Your agreement with us regarding compliance with these Terms of Service becomes effective immediately upon commencement of your use of this website.
These Terms of Service are effective as of June 1, 2023. We expressly reserve the right to change these Terms of Service at any time. Such modification shall be effective upon posting by us on the website. You acknowledge and agree that it is your responsibility to periodically review these Terms of Service to familiarize yourself with any modifications. Your continued use of this website after such modifications will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.
The Services on this website are offered and available only to users 18 years of age or older. If we believe, in our sole discretion, that you are under 18 years of age, your account may be terminated without warning. By using or attempting to use our website, you certify that you are at least 18 years of age and are fully able and competent to enter into the terms set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
If your use of our website is prohibited or restricted in any way by the laws, regulations, or other governmental requirements of the jurisdiction in which you live or reside, you may not access or use this website. Use of this website is void where prohibited. Furthermore, if for any reason you do not agree with ALL of the terms and conditions contained in these Terms of Service, discontinue use of this website immediately. Â
As used in these Terms of Service, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, vendors, sponsors, advertisers, and partners. This also includes (without limitation) all parties involved in creating, producing, and/or delivering this website and/or its contents.
2. Description of Services Provided
We provide various services and information on this Website, and it is your responsibility to secure all necessary equipment to utilize these services. This includes a computer, modem, and Internet access (inclusive of all associated fees). You are solely responsible for expenses incurred for accessing this Website.We exclusively reserve the right to modify or discontinue the Website, including any of its features, at any time without prior notice to you. We will not be held liable to you or any third party should we choose to exercise this right. Any new features that augment the current services on this Website shall also fall under the purview of these Terms of Service.
3. Registration Data and Privacy
To access some of the services on this Webite, you will need to create an account and password. This can be achieved by completing our online registration form, which asks for specific information and data ("Registration Data"). You are responsible for maintaining and updating your Registration Data as needed. By registering, you attest that all information provided in the Registration Data is accurate. You also agree to maintain and update this information to ensure its ongoing accuracy, completeness, and relevance. We are not responsible for the accuracy or completeness of any Registration Data you provide to us via this Website or any other way.Additionally, you give us the right to disclose certain Registration Data about you to third parties. The information we gather through your use of this Website, including your Registration Data, is subject to our Privacy Policy, which is expressly incorporated into these Terms of Service.
4. Conduct on Website
Your use of the Website must comply with all applicable laws and regulations, and you bear sole responsibility for the content of your communications through the Website. By posting information or otherwise using any communication vector through this Website (email links, file uploads, forms, etc.), you agree that you will not upload, share, post, or otherwise distribute any content -- including text, communications, software, images, sounds, data, or other information -- that:Â
a. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
b. Impersonates any person or entity, including any of our employees or representatives.
c. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts.
d. Constitutes unauthorized or unsolicited advertising, junk, bulk, spam email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. Contains software viruses, or any other malicious computer code, files, or programs intended to damage, disrupt, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
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Furthermore, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Website may be accessible to you or other authorized users. You should not interfere with anyone else's use of the Website or other similar services. Users who violate system or network security may face criminal or civil liability.
You agree that we can, at any time and at our sole discretion, terminate your account or other affiliation with our Website without prior notice. Furthermore, you acknowledge that we will cooperate fully with investigations of violations of system or network security at other Websites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not use any automated mechanism, including but not limited to, any web scraper, A.I. Tool (also known as “Artificial Intelligence”), offline reader, spider, or robot, to access, extract or download any content from the Website unless you are expressly authorized to do so by us.
We grant operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions either broadly or in specific cases.
6. Intellectual Property and Creative Assets
For purposes of these Terms of Service, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website. This includes message boards, chat, and other original content.By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Tork Systems Inc. and/or its Affiliates. You are permitted only to use the content as expressly authorized by us. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in civil or criminal penalties.
All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of Tork Systems Inc. or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms grant you any right to use any trademark, logo, and/or the name of Tork Systems Inc.. Neither we or our Affiliates warrant that your use of materials displayed on or obtained through this Website will not infringe the rights of third parties.
7. Unauthorized Use of Materials
In accordance with our Privacy Policy, any communication or material that you transmit to us via this Website, electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose, regardless of the form or medium in which it is used.Please refrain from submitting confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals. Do not submit any such missives to us in any way. Â
Commercial exploitation of the Site or any part of its content is strictly prohibited. Unauthorized use, duplication, reproduction, resale, or other commercial exploitation of any portion of this Site, or any use of or access to this Site, is not permitted.
Tork Systems respects the intellectual property of others and expects users of the Website to do the same. If you or any user of this Website believes its copyright, trademark, or other property rights have been infringed by a posting on this Website, you or the user should send notification to our Designated Agent immediately (see below). For the notification to be effective, it must include the following:
1) A detailed identification of the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.
2) Identification of the material that you claim is infringing the copyrighted work listed in item above.
3) your Contact information, preferably an email address.
4) The following statement: "I have a belief, in good faith, that use of the copyrighted materials described herein is not authorized by the copyright owner, its agent, or the law."
5) The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
6) Include your signature.
7) Send the written communication to the following address:
Upon receipt of notice of a claim of copyright infringement, you acknowledge and agree that we may immediately remove the identified materials from our Website without liability to you or any other party. The claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
8. Disclaimer of Warranties
All materials and services on this Website are provided on an "as is" basis, without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of quality, fitness for a particular purpose, or non-infringement. We make no warranty that the services and materials will meet your requirements, will be uninterrupted, timely, secure, or without errors. Furthermore, we make no warranty that the results that may be obtained from the use of the services or materials will be effective, accurate, or reliable. We make no warranty about the quality of any products, services, or information purchased or obtained by you from the Website, nor that they will meet your expectations or be free from mistakes or defects.This Website could include technical mistakes, misconfigurations, inaccuracies, or typographical and visual errors. We may make changes to the materials and services on this Website, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this Website may be out of date or antiquated, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition or access of any materials through this Website is done at your own discretion and risk. Such usage is made with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
Content available through this Website often represents the opinions and judgments of an information provider, vendor, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized spokesperson speaking in their official capacity.
You acknowledge and agree that temporary interruptions of the services available through this Website may occur as ordinary events. You further understand and agree that we have no control over third-party networks you may access in the utilization of this Website and therefore delays and disruptions of other network transmissions are completely beyond our control.
You acknowledge and agree that the services available on this Website are provided "as is" and that we assume no responsibility for the promptness, deletion, errors, or failure to store any user communication and data.
9. Limitation of Liability
In no event shall we be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Website or of any website referenced or linked to from this Website.Furthermore, we shall not be liable in any way for any third-party goods and services offered through this Website or for assistance in conducting commercial transactions through this Website, including without limitation the processing of orders and all other transactions.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of this Website. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.11. User Accounts and Security
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.12. Order Cancellations and Refund Policy
We will allow order cancellations and issue refunds in accordance with the conditions listed in our Cancellation & Refund Policy. Â Further questions can be directed to our Customer Service and Sales Support.13. Product Availability and Backorder Policy
Tork Systems Inc. strives to provide accurate product availability information. However, our suppliers may occasionally make changes in their stock after an order has been placed. If an item that you ordered turns out to be out of stock, we will promptly notify you as soon as we are informed by the supplier. At that point, we will offer you two choices: you can either opt for a full, immediate refund, or choose to wait for the item with a delayed shipment date.All products that are unavailable will be clearly indicated on their respective product pages. In the rare event an order is placed for an unavailable product, we will provide a full refund.
14. Risk of loss
All products purchased from this Website require physical delivery, and so the purchase agreement includes a shipment contract. This means that the risk of loss and ownership (title) of these items is transferred to you once we transfer the items to the shipping carrier.15. Right to Modify or Cancel
We reserve the right to modify or cancel any part of an order at any time. This includes, but is not limited to, changes in product quantities, delivery schedules, shipping charges, and payment processing fees. In the event of a modification or cancellation to an order, customers will be notified via contact details provided by the customer in their orders. In the case of order modifications, you will have the option to accept the changes or cancel the order.16. Product Pricing
We reserve the right to alter pricing as presented on this website at any time without prior notice. While we strive to present accurate product and pricing information, pricing or typographical errors may occur. In the case of such an error, refer to our “Right to Modify or Cancel” portion of this document.17. International Use
Although our Website is accessible globally, we do not represent or warrant that the materials on this Website are suitable or available for use in locations outside of the United States. Accessing the Website's content from territories where such content is illegal is strictly prohibited. Individuals who choose to access this Website from other locations do so of their own volition and are solely responsible for adhering to their local laws.Further, any offer pertaining to any product, service, or information in relation to this Website is considered null and void where it is prohibited by law. We stress that it is the user's responsibility to ensure that their use of the Website and its services complies with their local laws and regulations.
18. Termination of Use
We reserve the right, at our sole discretion, to terminate or suspend your access to all or part of this Website at any time, with or without notice, for any reason including, but not limited to, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may result in termination of your access to this Website and may be referred to the appropriate law enforcement authorities.Upon termination or suspension for any reason, your right to use the services provided on this Website will cease immediately. You acknowledge and agree that we may instantly deactivate or delete your account and all related information and files in your account and/or prevent any further access to such files or this Website.
We shall not be liable to you or any third party for any claims or damages resulting from any termination or suspension of your access to the Website, or any other actions we take in connection with such termination or suspension.
19. Governing Law and Jurisdiction
This Website is managed by us from our offices and personnel within the United States of America. The Website can be accessed from all 50 states of the USA, as well as from other countries around the world. As each of these places may have laws that differ from those of Florida, by accessing this Website, both you and we agree that the statutes and laws of the State of Florida, without regard to its conflicts of laws principles and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Website and the purchase of products and services available through this Website.Both you and we agree to submit to the exclusive personal jurisdiction and venue of any court of jurisdiction within the State of Florida with respect to such matters.
20. Notices
All notices to any party must be made in writing and transmitted either via conventional or electronic mail (email). All such notices must be sent to the attention of Customer Support at webadmin@torksystems.com. If transmitted by mail, send message to: Tork Systems, Inc., PO Box 350117, Jacksonville FL 32235 United States<address>.Notices sent from Tork Systems Incorporated to you may be sent to the principal and/or billing address supplied by you as part of your Registration Data on this Website. In addition, we may broadcast notices through this Website to inform you of changes to this Website or other matters which shall constitute as notice to you at the time of these broadcasts.
21. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter hereof, and they supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document, or to enter an order for products or services which are subject to additional or altered terms and conditions, shall be null and void unless otherwise agreed to in a written agreement signed by both you and us. In the event of any conflict or inconsistency between anything in or associated with this Site and these Terms of Service, these Terms of Service shall take precedence.22. User Responsibilities Regarding Compliance with CMMC Standards
Tork Systems Inc. is fully committed to protecting Controlled Unclassified Information (CUI) in accordance with NIST 800-171 and Cybersecurity Maturity Model Certification (CMMC) standards. Users of this Website may not transmit any information that would constitute a violation of these standards. As a user of this Website, you agree that you are solely responsible for ensuring familiarity with CUI safeguarding practices regarding usage of this Website and all communications, transfers, and interactions with Tork Systems. Â Tork Systems expressly forbids the transmission of CUI via Company websites, email addresses, or any other unapproved means.Any user of this Website found to be in violation of CUI safeguarding provisions may be denied access to this Website and be blocked from all contact with Tork Systems at their full discretion. Furthermore, Tork Systems will report such violations to appropriate authorities in accordance with these standards.
23. Enforcement and Compliance
In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises, or be considered forever waived and barred.We reserve the right to freely assign our rights and obligations under these Terms of Service. You may not assign your rights and obligations under these Terms of Service to any third party, and any attempt to do so will be null and void.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site due to any event beyond our reasonable control. This includes, but is not limited to, labor disturbances, wars, fires, accidents, adverse weather, inability to secure transportation, governmental acts or regulations, and other causes or events beyond our reasonable control, regardless of their similarity to those listed.
Should any part of these Terms of Service be held invalid or unenforceable, that portion will be construed in a manner consistent with applicable law to reflect as closely as possible the original intentions of the parties. The remaining portions will remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.