These Terms of Use ("Terms") govern your access to and use of www.dewalch.com and any related DeWalch web properties (collectively, the "Site"), operated by DeWalch Technologies, Inc. ("DeWalch," "we," "us," or "our"). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
1. Acceptance and changes
Your access to and use of the Site constitutes acceptance of these Terms and our Privacy Policy, which is incorporated by reference. We may modify these Terms at any time by posting a revised version on this page and updating the "Effective" date. Your continued use of the Site after a revision constitutes acceptance of the revised Terms.
2. Eligibility
The Site is intended for use by individuals who are at least 18 years of age and capable of forming a binding contract. By using the Site, you represent that you meet these requirements. The Site is operated from the United States; if you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.
3. Permitted use
You may access and view the Site for lawful informational and legitimate business purposes, including inquiries about DeWalch products and services. You agree not to:
- Use the Site in any way that violates applicable law or regulation
- Use any automated means (bots, scrapers, crawlers) to access the Site, except for compliant search-engine crawling consistent with our robots.txt
- Attempt to interfere with, probe, or disrupt the Site, the servers it runs on, or any networks connected to it
- Reverse engineer, decompile, or attempt to derive source code or trade secrets from any part of the Site
- Use the Site to transmit malware, harmful code, or unsolicited communications
- Frame, mirror, or otherwise re-host substantial portions of the Site without our prior written consent
4. Intellectual property
The Site and all content on it — including text, graphics, logos, images, illustrations, and the underlying source code, design, and arrangement — are owned by DeWalch or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Except as expressly permitted herein, you may not copy, reproduce, modify, distribute, publish, transmit, or create derivative works from any portion of the Site without our prior written consent.
Trademarks
"DeWalch," "DeWalch Technologies," the DeWalch logo, and related product names, marks, and slogans are trademarks of DeWalch Technologies, Inc. or its affiliates. Other product and company names referenced on the Site may be trademarks of their respective owners. Nothing on the Site grants you any right or license to use any DeWalch trademark without our prior written consent.
Patents
Certain DeWalch products and technologies are the subject of issued or pending U.S. and international patents. No content on the Site grants, by implication or otherwise, any license under those patents.
5. Communications and submissions
The Site provides a contact form that opens your email client with a pre-filled message addressed to DeWalch. Any message, idea, suggestion, or other information you send to us is provided on a non-confidential basis. You grant DeWalch a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, and incorporate any such submission for any business purpose, without compensation or attribution to you. Do not send us information you consider confidential or proprietary unless you have a separate written confidentiality agreement with DeWalch. This section does not apply to job applications, which we handle as described in our Privacy Policy.
6. Product information
Product descriptions, specifications, images, and other content on the Site are provided for general informational purposes only. Product designs, specifications, and availability may change without notice, and images may not reflect the exact product supplied. Purchases of DeWalch products and services are governed by the applicable quotation, order acknowledgment, or written agreement, including any product warranty it contains — not by the Site. Content on the Site does not constitute engineering, technical, legal, or other professional advice.
7. Text messaging
DeWalch employees who opt in to receive text messages from DeWalch do so under our SMS Opt-In Policy, which is incorporated into these Terms by reference for program participants.
8. Third-party links and services
The Site may link to third-party websites, services, or resources that are not controlled by DeWalch. We provide such links for convenience only; their inclusion does not imply endorsement. We are not responsible for the content, accuracy, policies, or practices of third-party sites or services, and your use of them is at your own risk and subject to their terms.
9. Disclaimers
THE SITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEWALCH DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
We do not warrant that the Site will be uninterrupted, error-free, secure, free of viruses or other harmful components, or that any content will be accurate, complete, or current.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DEWALCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN WHICH CASE THE ABOVE MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify, defend, and hold harmless DeWalch and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms, your misuse of the Site, or your violation of any law or the rights of any third party.
12. Governing law and venue
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. You agree that the exclusive venue for any action arising out of or relating to these Terms or the Site will be the state or federal courts located in Harris County, Texas, and you consent to the personal jurisdiction of those courts.
13. Severability and waiver
If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not constitute a waiver of that right or provision.
14. Entire agreement
These Terms, together with our Privacy Policy and, for program participants, our SMS Opt-In Policy, constitute the entire agreement between you and DeWalch regarding the Site and supersede any prior or contemporaneous agreements on the same subject.
15. Contact us
Questions about these Terms should be directed to:
DeWalch Technologies, Inc.
1441 Seamist Dr., Houston, TX 77008
Email: privacy@dewalch.com
Phone: 713-861-8993