Untitled Document

TERMS OF USE

1. YOU AGREE TO THESE TERMS BY USING THIS SITE

Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.

2. OWNERSHIP OF CONTENT

The Site and all of its contents including, but not limited to, all text and images ("Content") are owned and copyrighted by Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates or others with all rights reserved unless otherwise noted. And Content that is a trademark, logo, or service mark is also a registered or unregistered trademark of Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates or others. You are only permitted to use Content as expressly authorized herein or in writing by Content owner. You are also advised that Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

3. YOUR USE OF THE SITE

Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates will grant permission to use the site as follows:
a. You may download Content, but only for noncommercial, personal use and provided that you also retain all copyright and other proprietary notices contained on the Content.
b. You may not use images of people or places on the Site without Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates's written permission.
c. You may not distribute, modify, copy (except as set forth above), transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use Content without Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates's written permission.
d. You are prohibited from using this Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or the rights of any third party. Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates will fully cooperate with any law enforcement authorities or any court order requesting or directing Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates to disclose the identity of anyone posting or transmitting any such information or materials; and you are prohibited from using the Site to advertise or perform any commercial solicitation.
e. You may not delete, modify, hack or attempt to change or alter any of the Content of the Site.
f. You may not use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site.

4. PRIVACY

Any personal data (for example, your name, address, telephone number of email address) you transmit to the Site by electronic mail or otherwise it will be used by Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates in accordance with the Site's Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and nonproprietary. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the Privacy Policy, please do not use this Site.

5. DISCLAIMER OF WARRANTIES

ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Without the limiting the foregoing, Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates neither warrants nor represents that your use of any Content will not infringe the rights of any third parties nor that the Content will be accurate, complete or up-to-date. Additionally, with reference to any discussions, chats, postings, transmissions, bulletin boards, and the like that may be on the Site, Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates assumes no responsibility or liability arising from any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, contained in any such locations on the Site.

6. INDEMNITY

You agree to indemnify, defend and hold Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates and their respective affiliates, shareholders, directors, officers, subsidiaries, parents, employees and agents, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys' fees and costs of litigation, arising out of or in any way related to your use of or access to this Site, your use of the Content, including any use by your employees, your violation of these Terms of use, or your violation of any rights of a third party.

7. EXCLUSION OF LIABILITY

YOUR USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL TIPP ENTERPRISES, INC. (DBA NOVAMEX), TIPP DISTRIBUTORS, INC. AND ITS AFFILIATES, OR ANY OF ITS AGENTS OR ANY OTHER PARTY INVLOVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR INABILITY TO ACCESS THIS, OR USE OF THIS SITE OR CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you.

8. LINKS TO THIRD PARTY SITES

The site may contain links to sites owned or operated by parties other than Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates. Such links are provided for your convenience only. Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates does not control, and is not responsible for, the content or privacy policies on, or the security of, such sites. Without limiting the foregoing, Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates specifically disclaims any responsibility if such sites
- infringe any third party's intellectual property rights;
- are inaccurate, incomplete or misleading;
- are not merchantable or fit for any particular purpose;
- do not provide adequate security;
- contain viruses or other items of a destructive nature; or
- are libelous or defamatory.
Neither does Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates endorse the content, or any products or services available, on such sites. If you establish a link to such sites or the Site, you do so at your own risk and without the permission of Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates.

9. DISPUTE RESOLUTION

You agree that any dispute arising out of or relating in any way to your use of this Site shall be governed and construed in accordance with the laws of the State of Texas and that any such dispute shall be resolved exclusively by confidential binding arbitration under the International Arbitration Rules of the American Arbitration Association except that, Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates may seek injunctive or other appropriate relief to the extent you have in any manner violated or threatened to violate their rights.

10. GENERAL

In the event that any provision of these Terms of Use is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of these Terms of Use will remain in full force and effect. Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates' failure to act with respect to a breach by any visitor using this Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms of Use and the Privacy Policy as posted from time to time by Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms of Use and supersede all prior understanding and agreements, whether written or oral, as to such subject matter.

11. REVISIONS TO THE TERMS

Tipp Enterprises, Inc. (dba Novamex), Tipp Distributors, Inc. and its Affiliates may at any time, and without notice, revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use.