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Terms and Conditions

Section 1: Acceptance of Terms and Conditions 

Use of this website is conditioned upon user’s acceptance of the terms and conditions contained herein. All users of this website hereby understand and agree that their use of such website constitutes acceptance of the terms and conditions set forth in this legal notice. DISTINCTIVE MOLDS®, and the DISTINCTIVE MOLDS® group of companies (hereinafter collectively referred to as “DISTINCTIVE MOLDS®”), reserves the right to modify the terms and conditions at any time without prior notice. If you do not agree to these terms you may not use this website. The domain name DistinctiveMolds.com is owned by DISTINCTIVE MOLDS®. 

Section 2: Trademarks 

This website contains many trademarks, trade names, service marks, copyrights and/or logos of DISTINCTIVE MOLDS® and may also contain several protected marks of DISTINCTIVE MOLDS®’ numerous affiliates. Such marks remain the property of their respective owners. User recognizes and acknowledges the ownership of these marks and understands that it does not acquire, through use of this website, any right, title or interest in the marks. User agrees that they will not change, modify, and/or exploit the marks, nor participate in any activity which modifies and/or exploits such marks. All rights to these marks are reserved. Any use of the marks without expressed written authorization is strictly prohibited. 

Section 3: Prohibited Uses 

Any use of this website for an illegal or objectionable purpose is strictly prohibited. User agrees that they will not use this website to engage in any activity that could be deemed illegal, harmful to others, or give rise to civil liability. Such activities include, but are not limited to: (a) activities involving the transmission of unlawful, threatening, harassing, obscene, sexually explicit, pornographic, hateful, profane, libelous, or defamatory information; (b) activities involving the transmission of junk mail or spamming; (c) activities involving the promotion or use of viruses; (d) activities that violate any law, regulation or statute; and/or (e) activities that infringe upon any legally protected property right, etc. By using this site the user agrees that any and all information transmitted to or with the use of this site cannot and shall not be deemed confidential or proprietary. DISTINCTIVE MOLDS® reserves the right to monitor transmissions and investigate any alleged prohibited use of this website and to disclose any and all information relating to such prohibited use. DISTINCTIVE MOLDS®, its officers, directors, affiliates, employees, agents, partners, subsidiaries, and/or contractors shall not assume, and expressly disclaim, any and all liability relating to an individual’s illegal or prohibited use of this website. Any violation of this or any other section contained herein may result in termination of service and/or any other action DISTINCTIVE MOLDS® determines appropriate under the circumstances. 

Section 4: Third-Party Relationships 

This website may contain links to other sites. These links are provided merely to assist the user. These sites are independent of DISTINCTIVE MOLDS®’ site, and DISTINCTIVE MOLDS® does not and cannot control the content and/or representations of such sites. The information presented via these links may not necessarily reflect those beliefs held by DISTINCTIVE MOLDS®. The inclusion of a link does not mean that DISTINCTIVE MOLDS® accepts or endorses any of the content contained in such site. The user is responsible to protect themselves while associating with the linked site. DISTINCTIVE MOLDS® and its officers, directors, affiliates, employees, agents, partners, subsidiaries and/or contractors disclaim any and all responsibility or liability for content contained on such linked sites and will not be held accountable for any damages, of any kind, incurred by those who visit such sites. 

Section 5: Modifications 

This website may contain typographical errors or technical inaccuracies. DISTINCTIVE MOLDS® reserves the right to modify the content of this website at any time without prior notice. DISTINCTIVE MOLDS®’s failure to enforce any section of these terms and conditions shall not be construed as a waiver of such provision. 

Section 6: Severability 

If one or more of the provisions contained in these terms and conditions are help to be unenforceable under applicable law, such provision shall be appropriately limited in its scope. If any such limitation is not feasible, such provision shall be excluded from these terms and conditions and the balance of these terms and conditions shall be enforce able. 

Section 7: Force Majeure 

Notwithstanding any other provision set forth in these terms and conditions, DISTINCTIVE MOLDS® shall not be liable for any failure or delay in its performance due to any cause beyond DISTINCTIVE MOLDS®’s reasonable control, including, without limitation, any act of war or civil insurrection, national emergencies, acts of God, fire, explosion, vandalism, storm, earthquake, flood, embargo, riot, sabotage, industry-wide strikes, lockouts, work stoppages or other labor difficulties, industry-wide supplier failures, unavailability of materials, rights of way or governmental acts; provided, however, that DISTINCTIVE MOLDS® shall use its commercially reasonable efforts to correct promptly such failure or delay in performance to the extent consistent with then applicable law and regulatory requirements and appropriate in light of the existing circumstances. 

Section 8: Indemnification 

User hereby agrees to indemnify, defend, and hold harmless DISTINCTIVE MOLDS®, its officers, directors, affiliates, employees, contractors, subcontractors, agents, partners and subsidiaries from and against all claims, actions, suits, demands, costs, and damages (including reasonable attorney’s fees) asserted by any third party as a result of user’s use of this website. DISTINCTIVE MOLDS® has the right to control any defense pertaining to this section. 

Section 9: Relationship 

Nothing in this agreement is intended to or shall be construed to constitute or establish an agency, joint venture, partnership, or fiduciary relationship between the parties, and neither party shall have the right or authority to act for or on behalf of the other party. 

Section 10: Governing Law 

These terms and conditions shall be governed by, construed, and enforced in accordance with the laws of the State of Colorado, United States of America, without regard to any choice of law principles. 

Section 11: Jurisdiction 

User hereby agrees and irrevocably consents to submit to the exclusive jurisdiction and venue of the courts of the State of Colorado and of the United States of America located in the State of Colorado for any and all claims arising from the use of this website. 

Section 12: Entire Agreement 

These terms and conditions constitute the full and entire understanding and agreement between the parties pertaining to the subject matter and supersede in their entirety any and all written or oral agreement previously existing between the parties with respect to the subject matter.