Terms & Conditions

Welcome to the AMES Waterproofing Coatings website (the “Website”). By using the Website you agree, without limitation or qualification, to be bound by the terms of use herein (the “Terms”). We may modify the Terms at our discretion at any time. You are encouraged to review the Terms whenever you visit the Website. If you disagree with the Terms, please do not use the Website. Every reference to “AMES”, “we”, or “our” within shall refer to AMES Research Laboratories, Inc. and the owners of www.amesresearch.com. Read the following Terms carefully:

Accounts

If you create an account on the Website, you must provide accurate, complete, and current information. You hereby certify that such information is correct. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account.

You are responsible for safeguarding the login information that you use on the Website and for any activities or actions under your account. We are not responsible if someone gains access to or hacks your account. You should notify AMES immediately upon becoming aware of any breach of security or unauthorized use of your account.

Your account may be terminated at our sole discretion. Grounds for termination include, but are not limited to, the following:

1. A request from you to terminate the account;
2. Discontinuance of the Website;
3. Failure to make payments;
4. Violation or breach of these Terms;
5. Violations of any applicable law or rule; or
6. Requests by law enforcement or other government agencies.

Rules of Conduct

You agree that you will not do any of the following on the Website:

1. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. Take action that is threatening, abusive, tortious, slanderous, malicious, derogatory, harassing, or profane;
3. Interfere with or disrupt the Website;
4. Collect or store the personal data of other users;
5. Violate these Terms; or
6. Violate any laws or encourage illegal activity.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

User Content

All content submitted through your account is considered “User Content.” By providing User Content, you represent and warrant that you own and have the rights to all User Content and that the User Content does not violate any third-party rights. You further represent and warrant that the User Content is accurate, truthful, and not misleading. You hereby grant AMES a license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with AMES and our products, or other goods or services, without acknowledgment or compensation to you or to anyone else. This license granted by you in your User Content is perpetual and irrevocable.

Additional Terms and Conditions

Additional terms and conditions may apply to the purchase of products or other goods or services and to discounts and promotions, and by this reference such additional terms and conditions are made a part of these Terms. You agree to be bound by such additional terms and conditions.

No Guarantees

AMES does not guarantee that your use of the Website will be absolutely secure. By submitting your personal information to AMES, you acknowledge that there is no guarantee of security and that we have no liability for any interception or unauthorized access. Your use of any information or materials on the Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Website meet your specific requirements.

Acceptance

The sale and shipment by Seller of goods ordered by Purchaser is subject to the terms and conditions hereof. Seller will accept additional terms or conditions requested by Purchaser only when approved by Seller in writing. Seller’s action or failure to act shall not be considered acceptance of any additional or modified term or condition. Purchaser’s retention of this agreement, without notification of any error or non-acceptance within one (1) working day following Purchaser’s receipt, shall constitute Purchaser’s acceptance of the terms and conditions herein. Product may be ordered on-line using a major credit card such as Visa, Master Card, American Express and Discover. Seller also accepts Purchase Orders from Government Agencies, Accredited Educational Institutions, and other businesses. If Purchaser is ordering from an APO address or international address, shipping prices may vary based on the specific location; Seller will contact you after you complete your order to confirm details. All purchases or sales on a major credit card are final with the exception of our return and refund policy; order cancellation policy; refusals and cancellations; shipping and limited warranty. Seller will use our best efforts to fulfill all orders, but Seller cannot guarantee the availability of any particular product displayed on its websites. Seller reserves the right to discontinue the sale of any product listed on this Site at any time without notice. Product prices offered on Seller’s website may vary from other advertised prices due to varying conditions in different geographic markets. Seller reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).

Patents

Seller shall pay costs and damages finally awarded in any suit against Purchaser or its vendees to the extent based upon a finding that the design or construction of the product(s) as furnished infringes a United States patent (except infringement occurring as a result of incorporating a design or modification at Purchaser's request) provided that Purchaser notifies Seller of any claim or allegation of such infringement within 30 days after discovery and Seller is given the right at its expense to settle such charge and to defend or control the defense of any suit based upon such charge. THIS PARAGRAPH SETS FORTH COMPANY'S EXCLUSIVE LIABILITY WITH RESPECT TO PATENTS.

Purchaser Data

Timely performance by Seller is contingent upon Purchaser supplying to Seller, when needed, all required technical information, including drawing approval, payments when due, and all required commercial documentation.

Delays

If Seller experiences a delay in performance due to any cause beyond its control, including but not limited to act of God, war, act or failure to act of government, act or omission of Purchaser, fire, flood, strike or labor trouble, sabotage, or delay in obtaining from others suitable services, materials, components, equipment of transportation, the time of performance shall be extended a period of time equal to the period of the delay and its consequences. Seller will give the Purchaser reasonable notice within a reasonable time when Seller becomes aware of any such delay.

Shipment

F.O.B. Salem, Oregon, factory. If Purchaser’s delivery address is in a remote location with an unpaved access road: Seller will deliver to the nearest freight terminal for will-call and will so notify Purchaser. Limited access locations may incur additional delivery charges.

Title and Insurance

Title to the product(s) and risk of loss or damage shall pass to Purchaser at the F.O.B. point at Salem, Oregon. Purchaser grants to Seller a purchase money security interest in the product(s) and proceeds and any replacements, regardless of mode of attachment to realty or other property, until the full price has been paid. Purchaser authorizes Seller to do all acts necessary to perfect and maintain said security interest. Purchaser agrees to protect Seller's interest by adequately insuring the product(s) against loss or damage from any external cause with Seller named as insured or co-insured.

Price Policy

Product prices offered on Seller’s website may vary from other advertised prices due to varying conditions in different geographic markets. All payments are to be made in US Dollars. Prices do not include shipping and handling.

Taxes

Taxes and duties are the responsibility of Purchaser. The product prices quoted do not include any duties or sales use, excise, value-added, or other taxes or charges, unless specifically noted as a line item on the proposal form. Purchaser agrees to indemnify and defend Seller against duties or sales use, excise, value-added, or other taxes or charges, unless specifically noted on the proposal form.

General

In the event Seller places this agreement in the hands of an attorney for collection of the purchase price or other sums owing to Seller from Purchaser, Purchaser agrees to pay Seller's reasonable costs and expenses of collection, including attorney's fees, whether or not any suit or action is filed and any additional costs, expenses and attorneys' fees incurred at trial or on appeal. Unpaid balances shall bear interest at the rate of 18% per annum or, if lower, the maximum rate permitted by law. Purchaser consents to exclusive personal jurisdiction in Oregon and venue in Marion County Circuit Court. The laws of the state of Oregon (excluding conflict of laws rules and excluding the U.N. Convention on Contracts for the International Sale of Goods) shall apply to and bind the parties in any and all questions arising hereunder. Statements about the product(s) may have been made to Purchaser by representatives of Seller. Such statements do not constitute warranties and shall not be relied on by Purchaser and are not part of this agreement. The entire agreement is embodied in this writing. THIS WRITING CONSTITUTES THE FINAL EXPRESSION OF THE PARTIES AGREEMENT AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT. Seller will comply with all laws applicable to Seller. Compliance with OSHA or similar federal, state or local laws during any operation or use of the product(s) is the sole responsibility of Purchaser. Assignment may be made only with written consent of both parties.

Cap on Damages

In addition to the limitations on damages in other provisions of this agreement, the Seller's liability to Purchaser for damages arising out of or relating to this agreement shall not exceed the purchase price for the product(s).

Limited Warranties

Please see separate link/document “Warranty Information” in website footer.

Returns, Refunds & Exchanges

Please see separate link/document “Returns, Refunds & Exchanges Policy" in website footer.

Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN OUR INDIVIDUAL PRODUCT WARRANTIES, THE WEBSITE IS PROVIDED BY AMES ON AN "AS IS" BASIS AND AMES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PROMOTIONS, OR SERVICES ON THE WEBSITE. EXCEPT AS EXPRESSLY PROVIDED BY OUR INDIVIDUAL PRODUCT WARRANTIES, AMES MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, PRODUCTS, OR OTHER GOODS OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT EXCEPT AS EXPRESSED PROVIDED BY OUR INDIVIDUAL PRODUCTS WARRANTIES. AMES DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM AMES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AMES DOES NOT WARRANT THAT THE WEBSITE WILL BE CONTINUOUSLY AVAILABLE, SECURE, OR ERROR-FREE. NOTHING ON THE WEBSITE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. AMES DOES NOT WARRANT OR GUARANTEE THAT PERSONAL INFORMATION WILL NOT BE INTERCEPTED BY THIRD PARTIES AND DISCLAIMS ANY LIABILITY FROM SUCH INTERCEPTION OF PERSONAL INFORMATION. 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.

Limitation of Liability

AMES AND ITS AFFILIATES, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY CLAIMS, CHARGES, DEMANDS, DAMAGES, LIABILITIES, LOSSES, AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A COMPUTER OR ELECTRONIC VIRUS, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF AMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, RESULTING FROM OR IN CONNECTION WITH USE OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO, PURCHASING PRODUCTS). THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, AND OTHER TORTS. 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.

Cooperation with Law Enforcement

We reserve the right to release your information if the information is subpoenaed, if we believe your account is being used for unlawful activity, or if we deem it necessary and appropriate.

Monitoring, Copying, Altering, or Interfering with the Website

You agree that you will not use any robot, spider, web crawler, screen scraper, automated query program, or any other manual process or automatic device to monitor or copy the pages on the Website or the content contained herein without AMES’ written permission. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the Website’s proper functioning. You agree that you will not take any action that places an unreasonable or disproportionately large load on the Website’s infrastructure.

Links to Other Websites

The Website may contain links to third-party websites that are not owned or controlled by AMES. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with, use of or reliance on any such content, goods, or services available on or through any such websites or services. If you choose to make purchases through such a third-party website, you do so entirely at your own risk and subject to that third-party website’s terms and conditions. You should read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Intellectual Property Rights

All content (other than User Content) created as a part of or used in relation to the Website, including, without limitation, layout text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the exclusive property of or is licensed to AMES or its content suppliers and is protected by United States and international copyright laws. Any use of the materials on the Website, including any commercial use, reproduction, modification, distribution, republication, display, or performance, without the prior written permission of AMES is strictly prohibited. AMES name and logo, and all related names, logos, product and service names, designs, slogans, and other marks are AMES property or have been licensed to AMES. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Website. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Website solely for your own noncommerial use. Any other use of materials on this Website, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Website, without prior written of AMES is strictly prohibited.

DMCA

AMES maintains a policy to respond to all claims of intellectual property infringement. We will investigate notices of alleged infringement and take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”) and all other applicable intellectual property laws.

Notice of alleged copyright infringement must be sent to the following Designated Agent:

Designated Agent: Joseph Butterfield

Service Provider: AMES Research Laboratories, Inc.

Address: 1891 16th Street SE, Salem, Oregon 97302

Phone Number: (503) 588-7000

Email Address: media@amesresearch.com

Notice of alleged copyright infringement must be in writing and must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit AMES to locate the material;
4. Information reasonably sufficient to permit AMES to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Indemnification

You agree to indemnify and hold AMES and its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney fees, made by any third party due to or arising out of your use of the Website in violation of these Terms and/or arising from breach of these Terms.

Force Majeure

AMES shall be excused from performance under these Terms if we are prevented, forbidden, or delayed from performing due to an event of Force Majeure. Force Majeure shall mean an occurrence beyond our reasonable control including, but not limited to, acts of God or the public enemy, terrorism, strikes, riots, shortages of labor or materials, war, flood, virus or pandemic, sabotage, embargo, or any governmental laws, regulations, or restrictions.

Waiver

No waiver of any provision, or portion thereof, of these Terms shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver.

Severability

If any provision, or portion thereof, of the Terms is determined to be illegal or unenforceable, the validity of the remaining provisions hereof shall not be affected hereby; and such illegal or unenforceable provision shall be deemed modified to the minimum extent necessary to make it consistent with applicable law and, in its modified form, such provision shall then be enforceable and enforced.

Modification of Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please check the Website regularly for any changes to the Terms. Revised Terms will apply to the use of the Website from the date of publication of the revised Terms. By continuing to use the Website after the revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Website.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-law principles.

Exclusive Jurisdiction and Venue

You agree that any action or proceeding, including any arbitration, related to or concerning these Terms shall be under the exclusive jurisdiction of the courts of the State of Oregon and of any duly appointed arbitrator. You agree that in any such action or proceeding, venue shall lie exclusively in Marion County, Oregon, and in no other location.

Effective as of March 10, 2023