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Terms & Conditions

PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

Barker Specialty Company maintains www.barkerspecialty.com and other links to this website and all the information, communications, software, scripting, photos, text, video, graphics, images and other materials and services found on the website, for the use of its customers, employees, and members of the general public.

Contract Terms

In exchange for using www.barkerspecialty.com, you agree to be bound exclusively by these terms and to comply with all applicable laws and regulations. You have the legal authority to accept this website’s Terms & Conditions on behalf of yourself or any party you represent. If any provision of this website’s Terms & Conditions is held to be invalid by any law, rule, order, or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the website Terms & Conditions.

If you do not agree to these terms, please do not use the website.

The website is controlled and operated in whole or in party by Barker Specialty Company from its offices within the United States. BY ACCESSING WWW.BARKERSPECIALTY.COM YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CONNECTICUT, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAW PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE WEBSITE, AND YOU AGREE THAT ANY LITIGATION RELATING IN ANY WAY TO THE USE OF THE WEBSITE SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN NEW HAVEN COUNTY, CONNECTICUT U.S.A. Those who access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws. Barker Specialty Company makes no representation that the content in the website is appropriate or available for use in other locations or that access to it from outside the U.S.A. is legal. As a condition of your use of www.barkerspecialty.com, you warrant to Barker Specialty Company that you will not use the website for any purpose that is unlawful or prohibited by the terms, conditions, and notices contained herein. You shall not, at any time, (a) reverse engineer, decompile or disassemble any portion of the website or tamper in any way with the operation of www.barkerspecialty.com, or (b) insert or make use of any type of disabling device including, but not limited to, viruses, worms, Trojan horses, time bombs, cancelbots or any similar device that may impair, damage, or interfere with the proper working order of the website. You acknowledge that Barker Specialty Company reserves the right in its sole discretion to refuse or terminate access to www.barkerspecialty.com by you at any time.

Content Restrictions

You acknowledge that the Content is the property of Barker Specialty Company and is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws and other proprietary rights laws. In addition to Barker Specialty Company’s ownership of the Content, Barker Specialty Company or its licensors owns a copyright in the selection, coordination and arrangement of the Content. Nothing contained in www.barkerspecialty.com shall be construed as conferring any license or right to any copyright, trademark or other proprietary interest of Barker Specialty Company or any third party. The website and the Content may not be copied, distributed, or reproduced in any way, without the prior written consent of Barker Specialty Company, except that you may print a single copy of the Content for personal, informational, non-commercial use provided that (i) all copyright, trademark and other proprietary notices are kept intact, and (ii) the Content is not modified in any way. The permission terminates automatically if you breach any of the website Terms & Conditions. Barker Specialty Company is not granting you any permission to use the Content other than the permission expressly stated in this website Terms& Conditions.

Information Submissions

Do not send any confidential or proprietary information to Barker Specialty Company through www.barkerspecialty.com. Any information you do send to Barker Specialty Company through the website will be deemed NOT to be confidential. For any non-confidential information you do send, you hereby grant Barker Specialty Company an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit, and distribute the non-confidential information, and agree that Barker Specialty Company is free to use any ideas, concepts, know-how or techniques that you send Barker Specialty Company for any purpose. Your personally-identifiable information you submit to us shall be treated in accordance with our Privacy Policy. You agree to assume the security risk for any information you provide using www.barkerspecialty.com.

Revisions

Barker Specialty Company may revise or withdraw the Content, in whole or in part, at any time without notice. Barker Specialty Company may at any time revise these website Terms & Conditions by updating this posting. By using www.barkerspecialty.com, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the current website Terms & Conditions to which you are bound.

Third Party Web Site Links

The website may contain hyperlinks to websites operated by parties other than Barker Specialty Company. Such hyperlinks are provided for your reference only. Barker Specialty Company does not control such websites and is not responsible for their contents. Barker Specialty Company inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Barker Specialty Company is not responsible for damages or losses caused by any delays, defects or omissions that may exist in the services, information or other content provided in such web sites, whether actual, alleged, consequential or punitive. Barker Specialty Company makes no guarantees or representations as to, and shall have no liability for, any electronic content delivered by any third party, including, without limitation, the accuracy, subject matter, quality or timeliness of any electronic content.

Disclaimer of Warranty; Limitation of Liability; Indemnity

BARKER SPECIALTY COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, RELIABILITY OF, THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF WWW.BARKERSPECIALTY.COM OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE. THE CONTENT OF WWW.BARKERSPECIALTY.COM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BARKER SPECIALTY COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ERROR-FREE, TIMELY OR UNINTERRUPTED USE, OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. BARKER SPECIALTY COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE WWW.BARKERSPECIALTY.COM, ITS CONTENT OR LINKS, INCLUDING, BUT NOT LIMITED TO, ORDINARY, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, WHETHER FORESEEABLE OR NOT, AND EVEN IF BARKER SPECIALTY COMPANY HAS BEEN ADVISED OF THE POSSIBLITY OF THE DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU ASSUME ALL RIGHTS AND LIABILITY FOR RESULTS OBTAINED BY THE USE OR IMPLEMENTATION OF WWW.BARKERSPECIALTY.COM, WHETHER SUCH RESULTS ARE USED SINGLY OR IN COMBINATIONS WITH OTHER HARDWARE, SOFTWARE OR PRODUCTS. YOU AGREE TO HOLD HARMLESS AND INDEMNIFY BARKER SPECIALTY COMPANY FROM AND AGAINST ALL CLAIMS, JUDGMENTS, EXPENSES, AND LOSSES. FINES, LIABILITIES AND ATTORNEYS’ FEES AND COSTS, AS INCURRED, ARISING FROM OR RELATED IN ANY WAY TO A BREACH OF CONTRACT OR OTHER CLAIM MADE BY YOU AGAINST ANY THIRD PARTY, YOUR USE OF AND RESULTS FROM THE USE OF THE WEBSITE, BODILY INJURY TO ANY PERSON OR DAMAGE TO ANY PROPERTY BY YOU, YOUR NEGLIGENT OR WILLFUL ACT OR ANY BREACH HEREOF BY YOU.

Entire Agreement

These Terms & Conditions constitutes the entire agreement between you and Barker Specialty Company with respect to www.barkerspecialty.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Barker Specialty Company with respect to the website. No later terms sent by you shall be of any effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You agree to use of www.barkerspecialty.com in accordance with all terms and conditions herein.

Trademarks and Service Marks

Barker Specialty Company, and marks shown with an ® are owned by Barker Specialty Company or their respective owners, and registered with the U.S. Patent and Trademark Office. Other trademarks, such as product and service names, found on Barker Specialty Company’s website are owned by Barker Specialty Company or by third parties. No Barker Specialty Company trademark or service mark may be used as a hyperlink or otherwise, including but not limited to, for advertising or promotion purposes, without Barker Specialty Company’s prior written permission.