privacy
Terms of Use

SANITA CLOGS, INC.
WEBSITE TERMS AND CONDITIONS AGREEMENT

This Website Terms and Conditions Agreement and Privacy Policy apply to this internet Website (the "Website") of Sanita Clogs, Inc., a California corporation ("Sanita"). Parts of the Website are open to the public ("Public Website"), while other parts may only be accessed by those guests who register and log-in ("Private Website") agree to be bound by the terms of this agreement ("Agreement"). You are manifesting your assent and agree to be bound by the terms of this Agreement by either (a) your use of the Public Website, or (b) by your log-in to the Private Website, and clicking the "I AGREE" button below. In return, you will receive a confidential password which you may use to access certain private areas at the Website on the terms set forth below. The term "Website" shall, where applicable, include the Public Website and the Private Website. This Agreement contains two parts, "I. Terms & Conditions of Use," and "II. Privacy Policy."

I. Terms & Conditions of Use.

1. Purpose. The Website is intended to provide both general information and to support Sanita’s dealers and customers. This Agreement binds you and other visitors to a code of ethical conduct intended to achieve this purpose.

2. Agreement. By signifying your assent either by your use or clicking "I Agree", you agree to be contractually bound to the terms of this Agreement. You further agree that your assent, given electronically, shall have the same legal effect as if it had been personally signed by you. To the extent permitted by law, this Agreement is intended to supersede any provisions of applicable law which might otherwise limit its enforceability or effect because it was entered into electronically.

3. Access. By entering into this Agreement, you will be granted a revocable license to access the Website without charge. Your access privileges, however, are conditioned on your adherence to the terms of this Agreement. We reserve the right to temporarily deny you access to this site or permanently terminate your access privileges at any time if, in our sole discretion, you have failed to abide by the terms of this Agreement or appear to us likely to do so. By agreeing to grant you access, we do not obligate ourselves to do so or to maintain this site, or to maintain it in its present form, and we expressly reserve the right to modify, suspend or terminate your access privileges. You agree and understand that we may, in our sole discretion and without any prior notice, close the Website or deny you access to it.

4. Privileges to Private Website Nontransferable. Your access privileges to the Private Website may not be transferred by you to any third-parties. You further agree not to disclose to anyone your confidential password.

5. Confidential Information. The Private Website may contain, and/or you may receive as a result of your interaction with Sanita, business and marketing strategy, plans, pricing, and financial information, data, and plans; operations procedures; product designs or plans for new products; techniques and methods; graphic designs; patents; patentable inventions; processes; and business methods; trademarks; trade names and other property rights; customer lists; trade secrets as defined in Cal. Civ. Code sec. 3426.1, and other information which is proprietary and the property of the Sanita, the disclosure of which to the public or to actual or potential competitors of Sanita would (i) violate the confidentiality rights of other persons and business organizations with which Sanita does or may do business, and (ii) be severely detrimental to Sanita (the "Confidential Information").

You agree (i) to hold all Confidential Information in trust and confidence and that it shall be used only for the business purposes authorized by Sanita, shall not be used for any other purpose or disclosed to any third party; (ii) no copies will be made or retained of any written Confidential Information supplied (iii) upon demand by Sanita, all Confidential Information, and written notes, photographs, memoranda, or notes made or taken by you shall be returned to Sanita, and any Confidential Information in electronic or digital form shall be destroyed or deleted from electronic devices, media, and computers; (iv) you shall not disclose Confidential Information to any employee or consultant under your control or employ unless they agree to execute and be bound by the terms of this Agreement; (v) except as set forth in this Agreement, you shall treat all of the information received from Sanita as Confidential Information whether or not so designated by Sanita.

You shall have no obligation with respect to any information generally known within the industry or to the general public prior to date of this Agreement.

You understand and acknowledge that any disclosure or misappropriation of the Confidential Information in violation of this Agreement may cause Sanita irreparable harm and damage, the amount of which may be difficult to ascertain, and therefore agrees that Sanita may apply to and obtain from a court of competent jurisdiction, an order restraining any such further disclosure or misappropriation and for such other relief as Sanita shall deem appropriate. The rights of Sanita described in this section shall be in addition to the remedies otherwise available to Sanita or law or in equity.

6. Copyrights. Information posted on or available through the Website is protected by copyrights owned by Sanita. You agree not to reproduce, distribute, perform (either publicly or by digital audio transmission), publicly display or prepare derivative works based on any works posted at this site without first obtaining Sanita’s express written permission to do so.

7. Privacy. Sanita agrees that we will not knowingly provide any third party with any information about visitors to this site, unless we obtain your permission or are compelled to do so by court order. You agree to respect Sanita’s privacy rights by not publishing or harvesting email addresses obtained at this site or through your interactions with Sanita. A detailed explanation of our privacy policy is set forth in Part II of this Agreement, below.

8. Linking. You agree not to link to the Website, unless you notify us in advance of your intention to do so by email at info@sanitaclogs.com

9. Warranties. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE WEBSITE IS MADE AVAILABLE TO YOU "AS IS," WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL AT THE SITE, AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, WE MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE WILL BE SECURE, ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR FREE. TO THE EXTENT THAT YOU MIGHT OTHERWISE BELIEVE THAT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS HAVE BEEN MADE TO YOU, YOU HEREBY AGREE THAT SUCH STATEMENTS, WHETHER MADE ORALLY OR IN WRITING, ARE TO BE CONSTRUED AS MERELY NONBINDING EXPRESSIONS OF POLICY RATHER THAN AFFIRMATIVE REPRESENTATIONS, OBLIGATIONS, GUARANTEES OR WARRANTIES. IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION 10 AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL BE CONSTRUED TO TAKE PRECEDENCE.

10. Limitations of Damages. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS, EVEN IF YOU CLAIM TO HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD PARTIES.

11. Complete Agreement/No Representations. This Agreement constitutes the entire agreement between you and us relating to your access to and use of the Website and supersedes any prior or contemporaneous representations or agreements. This Agreement—and only this Agreement—shall govern our legal rights and obligations. Any rights not otherwise expressly granted by this Agreement are reserved by us. This Agreement may not be modified, either expressly or by implication, except as set forth below in Section 12. As set forth above, it is not our intention to make any legal representations or warranties about the Website, either expressly or by implication. The terms of this Agreement are intended to supersede anything else that appears at the, now or in the future. So that there is no misunderstanding, by entering into this Agreement you agree that, except as provided in Section 12, nothing posted at the Website or otherwise communicated to you shall in any way modify or vary the terms of this Agreement.

12. Modifications/ Termination.
a. In General. Our employees are not authorized to vary the terms of this Agreement. This Agreement may be modified only (1) by obtaining our written consent in an agreement signed by Sanita’s CEO or (2) as set forth below in subpart (b).
b. Periodic Revisions and Amendments. You agree that we may modify the terms of this Agreement in our sole discretion. If we do so, we will post a notice on our homepage for thirty (30) consecutive days of any modification to this Agreement. Subject to the terms of this section, any amendment shall be effective when posted on the Website. You agree that it shall be your responsibility to log on to the Website at least once every thirty (30) days, to check the legal section of the Website whenever you access this site, to determine if there have been any changes to this Agreement. You may notify us at any time before, or within thirty (30) days after, any modification takes effect, to advise us that you do not accept the proposed modification. If we do not receive such a communication from you in the time prescribed, the modification will be deemed to have been accepted by you. You agree and understand that we reserve the right to unilaterally terminate your access privileges or otherwise deny you access to this site in the event that you decline to be bound by any proposed modifications to this Agreement.
c. Term. Unless we terminate your access privileges or you decide to terminate this Agreement, it shall remain in force so long as you are authorized to access the Private Website or for any period during which you accessed the Public Website, including any matter later arising in connection with such accesses. You agree that in the event you decide to terminate this Agreement or if your access privileges are suspended or terminated you shall continue to be bound by all obligations set forth in this Agreement for a period of five (5) years or until the expiration of all applicable statute of limitations periods, whichever is longer. Except as otherwise provided in this Section 12, you will not be bound by any modifications to this Agreement which may take effect after such time as you or we terminate our contractual relationship.

13. Indemnification, Jurisdiction and Dispute Resolution. You agree, at your own expense, to defend us and indemnify Sanita against any liability arising out of or relating in any way to alleged acts or omissions by you which, if true, would constitute a violation of one or more terms or provisions of this Agreement. All disputes arising out of or relating in any way to this Agreement or our ownership, operation or maintenance of the Website shall be resolved exclusively in the appropriate state or federal court where subject matter jurisdiction is otherwise proper in Riverside County, California. All such disputes shall be governed by and construed in accordance with the laws of the United States and of the State of California as applied to transactions entered into and to be performed wholly within California between California residents. In the event of any breach of this Agreement, you agree that, notwithstanding any other provision of law, we shall be entitled to obtain preliminary injunctive relief enforcing the terms of this Agreement.

14. Construction. If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible.

TO GAIN ACCESS TO THE PRIVATE SITE, CLICK HERE TO MANIFEST YOUR ASSENT TO THE TERMS OF THIS AGREEMENT. BY SIGNIFYING YOUR ASSENT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT TO THE SAME EXTENT AS IF YOU HAD PERSONALLY SIGNED THE AGREEMENT.