These website Terms of Use (“Terms”) are a legal agreement between you and Divcon LLC (“Divcon,” “Company,” “we,” “us,” or “our”) governing your access to and use of www.divconcontrols.com and any other website operated by Divcon that links to these Terms (collectively, the “Website”). “You” means any person or entity that accesses or uses the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Website.

THESE TERMS INCLUDE AN AGREEMENT TO RESOLVE DISPUTES BY INDIVIDUAL (NON-CLASS) BINDING ARBITRATION AND A WAIVER OF YOUR RIGHT TO A JURY TRIAL. SEE SECTION 12.

1. Changes to These Terms

We may revise and update these Terms at any time in our sole discretion. All changes are effective immediately when posted, and your continued use of the Website after we post revised Terms means you accept and agree to those changes. We encourage you to review these Terms each time you use the Website.

2. Eligibility

The Website is intended for general business and informational use. By using the Website, you represent that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Use of the Website

The Website and its content are made available for your general information about Divcon’s products, services, and business. We reserve the right to withdraw, suspend, restrict, or amend the Website or any content on it, at any time and without notice, in our sole discretion. We will not be liable if the Website, or any part of it, is unavailable at any time or for any period.

You may view and access the Website for your own personal or internal business informational purposes only. You may not scrape, harvest, republish, or otherwise commercially exploit the Website’s content without our prior written consent; this restriction does not limit your use of the Website to evaluate Divcon’s products or services for your own business purposes.

The Website may include product descriptions, specifications, drawings, or other technical information for general reference only. This information may not reflect the most current design, specifications, or availability, and must not be relied upon for engineering, design, procurement, or other decisions. Please contact Divcon directly to confirm current specifications before relying on any product information for those purposes.

Nothing on the Website constitutes an offer to sell products or services to any person or entity located in, or ordinarily resident in, a country or region subject to U.S. trade sanctions or embargoes, or to any party otherwise prohibited under applicable export control or sanctions laws. Your use of the Website does not relieve you of any obligations you may have under such laws.

4. Intellectual Property Rights

The Website and its entire contents, features, and functionality — including all text, graphics, logos, images, and software, and the design, selection, and arrangement of those elements — are owned by Divcon, its licensors, or other providers of such material, and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. Except as stated in the preceding sentence, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Website without our prior written consent.

“Divcon,” the Divcon logo, and other marks appearing on the Website are trademarks or trade names of Divcon or its licensors. Nothing on the Website should be construed as granting any license or right to use any such mark without our prior written permission.

5. Prohibited Uses

You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation.

• To transmit, or procure the sending of, any advertising, promotional material, or unsolicited communications (“spam”).

• To impersonate or attempt to impersonate Divcon, a Divcon employee, or any other person or entity.

• To introduce any viruses, malware, or other technologically harmful material, or to interfere with the proper functioning of the Website.

• To use any robot, spider, scraper, or other automated means to access the Website for any purpose without our prior written consent.

• To attempt to gain unauthorized access to the Website, any accounts, or any computer systems or networks connected to the Website.

6. Submissions and Feedback

If you send us feedback, ideas, or suggestions about the Website (“Feedback”), you agree that we may use and implement the Feedback for any purpose, without any obligation to compensate or credit you, and that the Feedback is not confidential.

7. Third-Party Links

The Website may contain links to third-party websites. These links are provided solely for your convenience. We do not control, and are not responsible for, the content, products, services, or privacy practices of any third-party site, and the inclusion of a link does not imply our endorsement of it. You access any third-party site at your own risk.

8. Privacy

Your use of the Website is also governed by our Privacy Policy, available at www.divconcontrols.com/policies, which is incorporated into these Terms by reference.

9. Disclaimer of Warranties

THE WEBSITE AND ALL CONTENT ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE, OR THAT IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DIVCON, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to indemnify, defend, and hold harmless Divcon and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or in any way connected with your access to or use of the Website or your violation of these Terms.

12. Arbitration; Class Action Waiver; Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Website (a “Claim”) will be resolved exclusively by final and binding arbitration, and not in court, except that either party may bring an individual action in small claims court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, and will be conducted by a single arbitrator in Dallas County, Texas, or another location the parties agree to. This agreement to arbitrate is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16.

YOU AND DIVCON EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.

If any part of this Section 12 is found unenforceable, the remainder will remain in full force and effect, except that if the class-action waiver is found unenforceable, this entire Section 12 will be null and void.

13. Governing Law; Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. To the extent any Claim is not subject to arbitration under Section 12, the state and federal courts located in Dallas County, Texas will have exclusive jurisdiction, and you consent to personal jurisdiction and venue there.

14. Termination

We may suspend or terminate your access to all or part of the Website at any time, without notice, for any reason, including if we believe you have violated these Terms. Sections that by their nature should survive termination (including Sections 4 and 9 through 13) will survive.

15. Miscellaneous

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Divcon regarding the Website and supersede any prior agreements.

Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

No Waiver. Our failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

International Use. We operate the Website from the United States. If you access the Website from outside the United States, you are responsible for compliance with local laws.

16. Contact Us

Questions about these Terms may be directed to:

Divcon LLC
350 East Royal Lane, Suite 126
Irving, TX 75039
notices@divconcontrols.com