Terms of Use

I. TERMS OF USE

Welcome to the Starborn Industries, Inc. (“Starborn”) web site (hereinafter the “Site” or this Site). Starborn Industries, Inc. provides this Site as a service to its customers. Please review the following terms (“Terms of Use”), along with any other Policies that may apply to you as a visitor of this Site that govern your use of our Site  including all content, features, services and web software found or used via this Site. (collectively the “Agreement”). Please note that your use of our Site constitutes your consent to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may “bookmark” a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms.

II. OUR WEBSITE (“SITE”) CONTENTS

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are the property of Starborn Industries, Inc. and use of these Contents are strictly prohibited other than indicated. These Contents have been copyrighted or are trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Starborn Industries, Inc. The Site as a whole is owned by Starborn Industries and protected at least by copyright and trade dress, wherein all worldwide rights, titles, and interests in and to which are owned by Starborn Industries, Inc. Trademarks appearing on this Site are the trademarks of Starborn Industries, Inc. The following trademarks and service marks and the designs associated with the marks and logos are registered/applied for with the U.S. Patent and Trademark Office: Cap-Tor®, CMNTFAST®, Deckfast®, Headcote®, Powerbolic®, Pro Plug®, Smart-Bit®, Starborn®, Wood Band®, and other graphics, logos, and service names that are also trademarks and service marks of Starborn Industries, Inc. These trademarks and service marks may not be used by any party other than Starborn without express written consent. Also, to the extent that we include certain trademarks owned by other parties in our Site, these trademarks are property of their respective owners. You agree not to modify any portion of the Site. This restriction includes copying, reproducing, or modifying any of the Content and names, trademarks and logos which Starborn owns or has the right to use.

III. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS

We welcome any comments you may have regarding Starborn, our Site, our merchandise, and our services. However, we discourage you from providing any suggestions or ideas that you consider proprietary or confidential. Please note that Starborn Industries, Inc. is and shall be under no obligation with respect to any unsolicited comments or any unsolicited materials which it may receive (collectively “Materials”). Specifically, Starborn Industries, Inc. shall not be required to hold any Materials in confidence, to pay any compensation for ownership or use of the Materials, or to respond to any Materials. Thus, Starborn Industries, Inc. will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Starborn Industries, Inc. is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. We will not pay you or anyone else for any information that you provide which is used by us.

IV. DISCLAIMER ABOUT COLORS SHOWN ON OUR WEBSITE (“SITE”)

We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

V. LINKS TO OTHER WEBSITES AND SERVICES

This Site may contain links to other web sites that are not under the control of Starborn Industries, Inc. Starborn Industries, Inc. has no responsibility for the linked web sites nor does it necessarily endorse the linked web sites. Starborn Industries, Inc. provides the links solely for the convenience and information of its web site users. Starborn Industries, Inc. does not endorse the products, services, or views expressed in linked web sites or warrant the accuracy of any of the information on them, and does not control the content on these web sites. In addition, these other web sites have their own privacy policies and terms of use, which may differ from the privacy policy and terms of use of Starborn Industries, Inc.   Starborn Industries, Inc. is not liable or responsible for any damage or liability you may incur arising out of the use of web sites to which the Site links but is not under the ownership or control of Starborn Industries, Inc.

VI. DISCLAIMER

Starborn Industries, Inc. provides the materials on this Site “as is” without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Starborn Industries, Inc. expressly disclaims any duty to update or revise the materials on this Site, although Starborn Industries, Inc. may modify the materials at any time without notice. By your use of this Site, you acknowledge that your use is at your sole risk and that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Site. You further acknowledge that Starborn Industries, Inc. shall not be liable for any damages of any kind related to your use of this Site.

VII. INDEMNIFICATION

You agree to defend, indemnify and hold Starborn Industries, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

VIII. DMCA COPYRIGHT AGENT

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under US copyright law. If you believe that materials we host on or through the Starborn Site infringe upon your copyright rights, you may request that the material be removed, or that access to it be blocked. If you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. Please be aware that there can be substantial penalties for false claims. Notices and counter-notices for the Site should be sent to:

Via electronic mail at:

info@starbornindustries.com

Via regular mail at:

Starborn Industries, Inc. 45 Mayfield AveEdison, NJ 08837USA

MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Starborn Industries, Inc.’s products and services available in the United States, Canada and elsewhere. This Site is controlled and operated by Starborn Industries, Inc. from its offices in Edison, New Jersey.

This Agreement shall be construed in accordance with the laws of the State of New Jersey, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of New Jersey. These terms are effective unless and until terminated by either you or Starborn Industries, Inc. This Agreement may be terminated at any time by Starborn Industries, Inc.

Starborn Industries, Inc. shall not be liable for any damages of any kind, including incidental and consequential damages, relating to your use of this Site.

CHANGES TO THESE TERMS OF USE

This Site and all or any portion of these Terms of Use are subject to change and your use of this Site following any changes means that you accept the revised policies.  Please periodically check this page for changes.  You may choose to terminate your account, if any, or request to be deleted from any mailing list in lieu of accepting the changes.

If you have any questions regarding these Terms of Use or our other policies, please feel free to contact us at info@starbornindustries.com.