Terms of Use
Thank you for visiting www.idsblast.com (the “Site”). These Terms of Use set forth the legally binding terms for your use of the Site. In addition, there may be additional terms posted during the use of particular portions of the Site. All such terms, including the IDS Blast Privacy Policy, are incorporated by reference into these Terms of Use.
Please read the following Terms of Use carefully and print and save this document, and any linked documents, for future reference. Use of the Site and its services is offered to you only if you accept these Terms of Use. If you do not agree with these Terms of Use, you should exit the Site immediately.
IDS Blast may amend these Terms of Use at any time. In the event of any changes, we will post the updated Terms of Use here, and will update the effective date. Please check back periodically to review any changes.
If you have questions or concerns regarding these Terms of Use, please contact IDS Blast at webadmin@idsblast.com.
General Use: Children under the age of 13 are not authorized to use the Site. By using the Site, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant that you will use the Site in a manner consistent with any and all applicable laws and regulations.
IDS Blast is a stocking distributor of OEM and aftermarket parts and equipment for the abrasive blasting industry, and offers equipment repair services, equipment rental services, and in-house blasting services related to the abrasive blasting industry. The Site relates to those products and services, and may not be used for any unlawful or prohibited purpose, including but not limited to:
-disassembling, decompiling, decrypting, extracting, reverse engineering or modifying the Site;
-using the Site or related materials, directly or indirectly, to develop or enhance any competing site, product or services;
-collecting user names and/or email addresses of other users by electronic or other means;
-circumventing or attempting to circumvent any security measures or functionality of the Site;
-violating the legal rights of others; and
-impersonating or misrepresenting in any way an affiliation with a person or entity.
Appropriate legal action may be taken for any illegal or unauthorized use of the Site. If you become aware of misuse of the Site, please contact us directly at webadmin@idsblast.com.
IDS Blast makes no claims that information on or provided via the Site is appropriate or may be used or accessed outside of the United States. If you access or use the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction. By providing us with your information when you are outside the United States, you acknowledge your consent to the transfer of that information outside your resident jurisdiction. If you do not consent to such transfer, or if it is illegal in your area, you may not use the Site.
Despite the best efforts of IDS Blast to provide accurate information, it is not possible to completely ensure that information on this Site is correct at all times. IDS Blast assumes no responsibility for any incorrect information or inappropriate content or conduct that is posted or occurs on the Site.
License to Use: For the limited purpose of your lawful and authorized use of the Site, IDS Blast grants you a limited, revocable, personal and non-transferable license to use the Site for private viewing and in accordance with these Terms of Use, and for no other purpose. You must keep intact all copyright, trademark and other proprietary notices. Reproduction or redistribution of copyright and trademark-protected material is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the copyright and trademark-protected material to any other server or location for further reproduction or redistribution is expressly prohibited.
Passwords: To utilize certain features on the Site, including placing orders for products, you may be provided with a user account and a password. You are fully responsible for all use of your account and for any actions that take place using that account. You are solely responsible for maintaining the confidentiality of your password and any information you include in your account. You shall notify us immediately if you suspect that another person is using your name and/or password to access and/or use the Site, or if you suspect any unauthorized use of your account or access to your password.
Information You Provide: You represent and warrant that any information you provide to the Site is accurate and truthful and that you will update such information as necessary to maintain its accuracy and truthfulness. You are solely responsible for any and all information you provide via the Site. You further represent and warrant that any information you provide does not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any third party.
Please carefully consider any information you transmit to the Site. Please review our Privacy Policy for details regarding how we use the personally identifiable information you forward to us via the Site. By posting other types of material to the Site, such as comments, photographs, or other content, you grant to IDS Blast a non-exclusive, irrevocable, royalty-free, transferable, perpetual license to use and publish such content throughout the world in any manner or medium. You may not post any material to the Site that is offensive, threatening or violates any third party intellectual property rights (including copyright, trademark and right of publicity rights).
We reserve the right, in our sole discretion, to modify, review, reject, or remove any content, or to suspend or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability. However, IDS Blast is under no obligation to monitor or modify the content of the Site and assumes no responsibility for any inappropriate content or conduct that is posted or occurs on the Site. We do not control or endorse any content posted on the Site by third parties, and specifically disclaim any liability with respect to submissions, postings and actions of third parties using the Site.
Online Store: IDS Blast offers online ordering for your convenience. Please note the following warning:
WARNING!!
The products and equipment sold by IDS Blast are not under any circumstances to be used with sand or silica products of any type. As with the use of any product or equipment, proper safety equipment and training is essential. IDS Blast assumes no responsibility arising from use of the product or equipment, including the failure to use proper safety equipment or the failure to properly train employees or other users regarding the proper use of products and equipment.
To place an online order, you will be asked to agree to additional terms and conditions, including but not limited to our Terms of Sale, and you will be required to provide us with information that allows us to fulfill your order. Please review our Privacy Policy for details regarding how we handle this information.
Items shown on our online store are subject to availability. You will be informed if an item is out of stock. Some variation between products shown on the Site and products shipped may occur.
Processing of Transactions: You expressly appoint, authorize, approve and consent to IDS Blast and its designees processing all payment transactions. You authorize IDS Blast to collect, use, process, and transfer information, including without limitation, credit card numbers and other financial account information relating to transactions.
You are solely responsible and liable for the merit, legitimacy and validity of all purchases and transactions. IDS Blast is not responsible for any data-entry errors, misrepresentations or any other errors resulting from your or third parties’ actions or failure to act.
Intellectual Property: With the exception of third party trademarks, all Site design, text, graphics, logos, icons, the selection and arrangement of these elements, and all software are the property of IDS Blast or its content suppliers and are protected by U.S. and international intellectual property laws, including copyright. The content and software on this Site is to be used solely for providing information and services to users of this Site. Any other use, including reproduction, modification, distribution, transmission, republication, display or performance of the content or software on this Site is strictly prohibited without the prior express written permission of IDS Blast. Please contact IDS Blast at webadmin@idsblast.com to inquire about use of the Site content.
With the exception of Pirate Brand, and the brands for which it is an authorized distributor, IDS Blast is not affiliated with nor endorsed by the manufacturers mentioned on the Site. In some instances, third party trademarks are used on the Site for comparative purposes only.
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to IDS Blast or any other person or entity without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of IDS Blast to terminate access to any user of the Site who repeatedly infringes the copyright rights of others, upon receipt of proper notification to IDS Blast by the copyright owner or the copyright owner’s legal agent.
If you believe that your proprietary work has been copied and/or posted on the Site in a way that constitutes copyright infringement, please contact our Copyright Agent, Brian McCoy, at copyright@idsblast.com, or 2717 Tobey Drive, Indianapolis, IN 46219 with the following information:
-an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
-a description of the copyrighted work that you claim has been infringed;
-a description of where the material that you claim is infringing is located on the Site;
-your address, telephone number, and email address;
-a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
-a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Links: Any links on the Site are provided only as a convenience, and IDS Blast does not endorse any third party sites, unless explicitly stated. IDS Blast is not responsible for the contents of any third party sites, or the links within them. You are solely responsible for abiding by the terms of use of any third party site. We are not responsible for transmissions you receive from third party websites or for their failure to work properly.
You may create a hyperlink to the home page of the Site so long as it does not portray IDS Blast, its affiliates, or its products and services in a false, misleading, or offensive manner. IDS Blast may require that you remove a hyperlink at any time for any or no reason.
Modifications to Site and Services: IDS Blast reserves the right to modify, suspend, delay or discontinue, temporarily or permanently, this Site (or any part thereof) or any of its products or services, with or without notice. You agree that IDS Blast shall not be liable to you or to any third party for any modification, suspension, delay or discontinuance of this Site or any of its products or services.
General Disclaimer: IDS Blast assumes no responsibility for the accuracy, completeness or timeliness of the information provided on this Site, nor for the activities or conduct of users of this Site. IDS Blast may, but is not obligated to, monitor the content and use of this website. In the event IDS Blast receives notice that you have allegedly violated these Terms of Use, IDS Blast may investigate such violation and consider it a breach of these Terms of Use. If you breach any of these Terms of Use, IDS Blast may, at its sole discretion and in addition to any other remedies available at law or equity, deny or suspend your access to the Site without refund and at your cost and expense.
THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE. IDS BLAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. IDS BLAST DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
Limitation of Liability: YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE MATERIALS YOU POST OR ACCESS. IN NO EVENT SHALL IDS BLAST BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY PROGRAM, PRODUCT OR SERVICE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION AVAILABLE ON THIS SITE, EVEN IF IDS BLAST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES AS A MATTER OF LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN IDS BLAST’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES SHALL BE LIMITED TO U.S. $100.00 IN THE AGGREGATE.
Indemnity: You agree to defend, release, indemnify and hold IDS Blast, and its affiliates, officers, agents, suppliers or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of this Site or your violation of these Terms of Use.
Governing Law, Forum: These Terms of Use and the relationship between you and IDS Blast shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You and IDS Blast consent to the personal and exclusive jurisdiction of the state and federal courts located within the State of Indiana and waive any objection thereto. Use is unauthorized in any jurisdiction that does not give effect to these Terms of Use, including this paragraph.
General Terms: Your access to this Site is governed by all applicable federal, state and local laws, including but not limited to the laws of obscenity, the right of privacy, fraud, and intellectual property. No joint venture, employment, or other legal relationship exists between you and IDS Blast as a result of these Terms or Use or your use of the Site. If any of these terms is held invalid or unenforceable, then it will be deemed superseded by a valid, enforceable provision that most closely matches the original intent, and the remainder of the agreement shall continue in effect. The failure of IDS Blast to enforce any rights granted hereunder or to take action against you in the event of any breach hereunder shall not be deemed a waiver by IDS Blast as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Unless otherwise specified and acknowledged by us in these Terms of Use, this is the entire agreement between you and IDS Blast with respect to your use of the Site. A printed version of these Terms of Use and any notices given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents originally in printed form. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
Please contact us at webadmin@idsblast.com with any questions regarding these Terms of Use.