By accessing this Site, you (“User”) accept without limitation and agree to be bound and abide by these Terms. The effective date of these Terms is set forth at the bottom of the Terms, and we may modify the Terms from time to time without notice to you. We encourage you to check our Site frequently to review the current Terms in effect and any changes that may have been made to them.
Use of This Site
The Site may be used only for lawful purposes by individuals using authorized services of Ducommun in accordance with these Terms. When accessing the Site, you agree not to:
a. Interfere with the proper working of this Site, including by using any means to disable, overburden, damage, or impair the operation of this Site, or interfere in any way with any other users’ access to or use of this Site;; b. Attempt to probe, scan or test the vulnerability of Ducommun’s system or network, or to breach security or authentication measures without proper authorization c. Access data not intended for your use by logging into a server or account for which you are not authorized; d. Post any information that is incomplete, false, inaccurate, not your own, or for which you do not have the right to post; e. Post material that reveals trade secrets, or that is subject to copyright, trademark, patent, or any other intellectual property, or privacy right, unless you are the owner of the material, or you have the permission of the owner to post such material; f. Attempt to interfere in any way with the Site’s or Ducommun’s networks or network security, or attempt to use the Site’s service to gain unauthorized access to any other network or computer system; g. Undertake or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national or international law or regulation or which fails to comply with accepted Internet protocol; and h. Send unsolicited e-mail, promotions, and/or advertising in any form to other users of the Site without express authorization.
You further understand and acknowledge that violations of Ducommun’s system or network security may result in civil or criminal liability. Ducommun will investigate any such occurrences, and may involve and cooperate with law enforcement in prosecuting those involved in such violations.
Privacy Policy
In the course of your use of the Site, you may be asked to provide certain information to us. Ducommun’s handling and use of any information you provide via the Site shall be governed by our Privacy Policy, the terms of which you may review by clicking on the “Privacy Policy” link on this Site. You acknowledge and agree that you are solely responsible for the accuracy and content of such information.
International Use
Ducommun controls and operates the Site from our offices in the United States of America, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Indemnity
You agree to defend, indemnify and hold harmless Ducommun, its directors, officers, employees, agents, and affiliates from any and all claims, liabilities, damages, costs and expenses, including attorneys' fees, in any way arising from, related to, or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.
DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT:
(1) THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DUCOMMUN DOES NOT WARRANT THAT THE SITE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY, WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
(2) YOUR USE OF ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OR DOWNLOAD OF ANY SUCH MATERIAL.
(3) DUCOMMUN DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED OR PROVIDED BY OR ON BEHALF OF THIRD PARTIES ON OR THROUGH THE SITE. DUCOMMUN IS NOT A PARTY TO, AND DOES NOT MONITOR, ANY TRANSACTION BETWEEN USERS AND THIRD PARTIES WITHOUT THE DIRECT INVOLVEMENT OF DUCOMMUN. THE SITE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES (“LINKED SITES”). DUCOMMUN HAS NOT REVIEWED ALL OF THE LINKED SITES AND IS NOT RESPONSIBLE FOR THE CONTENTS OR OPERATION OF ANY LINKED SITES OR ANY FURTHER SITES LINKED THEREIN. YOUR ACCESS AND USE OF THE LINKED SITES IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DUCOMMUN, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTION RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF DUCOMMUN OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DUCOMMUN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE SITE OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT DUCOMMUN IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF DUCOMMUN TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Proprietary Rights
The Site and all of its contents (“Materials”), such as text, images, and the HTML used to generate the pages, are the property of Ducommun or that of our suppliers or licensors. The Materials are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without the specific written permission of Ducommun.
The trademarks, service marks, and logos (the “Marks”) used and displayed on this Site are owned by Ducommun and others. Except as otherwise provided herein, use of the Site does not grant you a license to or right to use any Marks or other Materials you may access on the Site, without the express, written permission of Ducommun or any other owner of the Marks or Materials.
Any commercial use of the Site is strictly prohibited, except as allowed herein or otherwise approved by Ducommun. If you make use of or access the Site, other that as provided herein, in doing so you may violate copyright, trademark, and other laws of the United States and other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to Ducommun at CorpComm@ducommun.com. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
Applicable Law/Jurisdiction
You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern these Terms. You expressly agree that exclusive jurisdiction for resolving any claim or dispute with Ducommun or relating in any way to your use of the Site resides in the state and federal courts of Orange County, California, and you further agree and expressly consent to the exercise of personal jurisdiction in the state and federal courts of Orange County, California. Any controversy or claim arising out of or relating to your use of the Site (including any claim involving Ducommun or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers) shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Orange County, California, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision.
Consent to Processing
By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection and processing of such information in the United States, in accordance with the terms of the Ducommun Privacy Policy.
Any inquiries concerning these Terms should be directed to: CorpComm@ducommun.com.
Notices
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site.
How to Contact Us
This Site is owned and operated by Ducommun Incorporated. If you have any questions or suggestions with respect to these Terms of Use please write to us at:
Ducommun Incorporated 200 Sandpoint Avenue, Suite 700 Santa Ana, CA 92707-5759
or you can simply click on Contact Us to send us an email.
