Site Access and Use Policy

Notice of legal restrictions on use of this web site
PLEASE READ THE FOLLOWING LEGAL INFORMATION BEFORE USING THIS SITE.
Thank you for visiting the All-Star Products Corporation Web Site (the "Site"). In light of the
complexities governing the use and operation of web sites, we have set forth below a series of
Site Access and Use Terms ("SATS") that apply to your access to and use of the Site. Also
included in these SATS are the Data Privacy and privacy terms, including European Union terms,
that can be accessed and reviewed by clicking through from the term "Data Privacy" that appears
on the first page of the Site. Compliance with and acceptance of the SATS are required in order
for you to have access to and use of the Site. Please read the SATS very carefully. We hope that
you will understand that, in the complex legal world of the Internet, access and use terms are
required. We have also included below, as part of the SATS, an identification of All-Star’s agent
for receipt of notice regarding copyright claims and other communications regarding the Site. If
you do not agree with or do not accept any of the SATS, please immediately exit the Site and
refrain from further access. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE
EXPRESSLY AGREEING TO BE BOUND BY THESE SATS.
Thank you for your understanding. We hope that you enjoy the Site and find it useful. Also,
please keep in mind that information provided on this site and via linked sites is not for the
purposes of seeking or encouraging investment unless specifically designated as such.
1. LIMITED TERMINABLE LICENSE
As described below, your compliance with the SATS provides a limited, terminable license
regarding access to and use of the Site Contents. "Site Contents" or "Contents" means images,
text, information, sounds, interactive features, links, and other features of the Site. "Site Code"
means any and all underlying elements of the Site, including, but not limited to source code,
object code, and other sets of statements or instructions that relate to the operation or functions of
the Site.
You agree:
a. Not to alter any Site Content in any manner or use it in a manner specifically prohibited
by these SATS or by the instructions in the Site;
b. To use the Site Contents for your own informational purposes only. For example, unless
expressly authorized by All-Star Products, you agree not to place any Site Contents on a
network and will not use any Site Contents to advertise or otherwise promote any
products or services not provided by All-Star Products.
c. Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or
otherwise use any Site Code without the express written permission of All-Star Products.
d. You may print out a copy of the Site Contents, or an excerpt from the Site Contents, to
preserve a "hard copy." However, you agree to place the following notation on your copy:
"Copyright © All-Star Products. All Rights Reserved. See All-Star Products CorporationWeb Site for Access and Use Terms and additional information and conditions of use";
e. All-Star Products may, solely in its own discretion and without advance notice, revoke
the limited license regarding all of the Site Contents or with respect to specific images,
texts, other Site features or Site Code. If requested by All-Star Products, you agree to
cease using and/or destroy any copies of the subject Content;
f. Unless expressly permitted in writing from All-Star Products, you will not frame, link,
associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site
Contents or the Site Code; and
g. You are responsible for ensuring that other parties that have access to the Site or Site
Contents through your system or with your permission agree to the SATS.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY
RIGHTS
All trademarks, service marks, certification marks, trade names, trade dress, copyrights, patent
rights and other proprietary rights in or associated with the Site, the Site Contents and Site Code
are the properties of All-Star Products, its owner(s), affiliated entities or its licensors. Nothing in
these SATS or any Site Contents shall convey an ownership interest or a non-terminable license
in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other
proprietary rights in or associated with the Site, the Site Contents or the Site Code.
3. SUBMISSIONS AND USER GRANT OF LICENSE
All-Star Products is pleased to hear from its customers and Site users. We welcome your input.
However, due to legal requirements, we cannot provide compensation for, agree to consider or
agree in advance to keep confidential any submission of creative ideas, disclosures of inventions,
other disclosures of potentially useful information, or submissions of any other content. In order
to avoid confusion and unmanageable situations, all content submitted by you via the Site or
through any contact information provided in the Site (e.g., addresses, email addresses, telephone
numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective
everywhere, to All-Star Products to consider, retain, copy, use, publish, modify, disclose and
otherwise exploit the expression, concepts and information in the content at All-Star Products’
sole discretion. All-Star Products does not, however, engage in the practice of selling Site users'
identifying information to third parties. All-Star Products may, in its sole discretion, determine
that the submission and its contents should be kept confidential. Any or all of these license rights
can be assigned and sublicensed by Allo-Star Products and they apply to all manner of copying,
display, distribution, transmission, storage, recording or other media or means of exploitation
now known or hereafter conceived. If any applicable law, judicial decision or regulatory
requirement restricts or limits the provisions of this paragraph, All-Star Products’ liability, if any,
will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 7 of
these SATS.
4. FORWARD-LOOKING STATEMENTS
Some of the statements contained on this Site may constitute forward-looking statements. These
statements relate to future events or our future financial performance and involve known and
unknown risks, uncertainties and other factors that may cause our businesses or our industry's
actual results, levels of activity, performance or achievements to be materially different fromthose expressed or implied by any forward-looking statements. Such statements include, in
particular, statements about our plans, strategies, prospects, changes and trends in our business
and the markets in which we operate. In some cases, you can identify forward-looking statements
by terminology such as "may," "will," "could," "would," "should," "expect," "plan," "anticipate,"
"intend," "believe," "estimate," "forecast," "predict," "propose," "potential," "continue" or the
negative of those terms or other comparable terminology. These statements are only predictions.
Factors that may cause our actual results to differ materially from those expressed or implied by
the forward-looking statements include, among others: (a) risks associated with any indebtedness
and debt service; (b) performance of our business and future operating results; (c) risks related to
acquisition strategies and integration of acquired businesses; (d) risks related to the loss of
personnel; (e) the cyclicality of many business areas; (f) risks of competition in existing and
future markets and developments of new technologies by competitors; (g) increases in the cost of
compliance with laws and regulations, including environmental laws and regulations and
potential liability relating to claims, complaints and proceedings; (h) general business and
economic conditions, particularly any economic downturn generally and in our markets
specifically; and (i) difficulties presented by international, economic, political, legal, accounting
and business factors. You should not place undue reliance on these forward-looking statements,
which speak only as of the date of such statements. We disclaim any obligation to update or
revise these forward-looking statements to reflect events or circumstances after the date of such
statements or to reflect the occurrence of unanticipated events, except as may be required by law.
5. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, All-Star Products may provide from time to time, at its
sole discretion, one or more chat areas, blog areas, message boards, email functions, contact
information, polls, surveys and other features for use by visitors to the Site. Such features are
referred to herein as "Visitor Features." All-Star Products may, in its sole discretion and without
advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may,
in its sole discretion, remove any content provided by a Site visitor. Users of Visitor Features are
bound by and must comply with the SATS, and must agree NOT to do the following:
a. Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate,
defamatory, illegal or otherwise objectionable to All-Star Products.
b. Impersonate any other person or entity, provide false or misleading identification or
address information, or invade the privacy or violate the personal or proprietary right of
any person or entity;
c. Intentionally or unintentionally violate any applicable local, state, national or
international law, including but not limited to regulations having the force of law, while
you are using or accessing any Visitor Features; and
d. Infringe the copyrights, trademarks or other personal or proprietary rights of any person or
entity.
6. LINKS
Unless expressly stated otherwise All-Star Products does not necessarily control sites that may be
linked to or from the Site. All-Star Products cannot monitor or otherwise evaluate such sites, andAll-Star Products is not responsible for any of their contents, features, codes, underlying
materials, terms of access or privacy policies. Even if you are linked to a web page other than the
front page of the linked site, you are responsible for checking that site's terms and conditions of
access and use, as well as the site's privacy policies. Materials on other sites may be subject to
proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR
CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK.
All links to this Site or any of its pages require the prior express written consent of All-Star
Products, except that All-Star Products consents to external links in circumstances in which all of
the following are present: (a) the link is text-only and contains only the name "All-Star Products
Corporation"; (b) the link directs the Internet browser to the main page of the Site and not to
other web site pages within this Site; (c) the link, when in use with any browser, displays the
entire Site full screen without frames and does not utilize banner advertisement or pop-up
advertisements or otherwise obscure, hide, modify or minimize any page contained in the Site;
(d) the appearance, display or formatting of any page on the Site is not juxtaposed, associated
with, positioned with, or otherwise related to any other activity, product, entity or person such as
to create a false impression that All-Star Products has a relationship with any such activity,
individual, entity or product or that All-Star Products endorses, sponsors or is associated with
such activity, individual, entity or product when it is not; and (e) does not damage, disparage or
deplete the goodwill associated with any trade name, trademark or service mark belonging to or
associated with All-Star Products. At any time and for any reason, All-Star Products, in its sole
discretion and without any liability to you, may revoke this consent to link to the Site.
7. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION,
INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT
LIMITED TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND
EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED "AS
IS."ALL-STAR PRODUCTS, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS,
PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS
SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED
WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1)
SUITABILITY FOR ANY PARTICULAR PURPOSE, (2) MERCHANTABILITY, (3)
COMPLETENESS, (4) ACCURACY, (5) NON-INFRINGEMENT, AND (6) FREEDOM
FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR
ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE,
TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD
NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, ALL-STAR PRODUCTS, ITS
PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS,
SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST
PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSSOF INFORMATION.
TERMS REGARDING THE DEMONSTRATION, TESTING, SALE, TRANSFER, LICENSE
OR USE OF ALL-STAR PRODUCTS PRODUCTS AND SERVICES MAY CONTAIN
ADDITIONAL PROVISIONS AND DISCLAIMERS.
PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR
LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME
OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR
CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless All-Star Products, its predecessors, owners,
directors, officers, personnel, suppliers, agents and contractors from any and all claims and
causes of actions arising from or related to any violation of the SATS by you or by others that
gain access to the Site through your system or to whom you have provided access to Site
Contents. All-Star Products reserves the option, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you, in which event
you shall cooperate with All-Star Products in asserting any available defenses. You shall be
responsible for any damages or fines assessed due to violation of the SATS by you or others that
gain access to the Site through your system or to whom you have provided access to Site
Contents.
8. PRODUCTS AND SERVICES
Products and services offered through this Site may be subject to license terms and terms of use
or sale that are in addition to, or distinct from, the SATS. Therefore, the provision and
acceptance of any such product or service shall be subject to any additional or distinct terms
supplied by All-Star Products or the third party supplier(s) of the product(s) or service(s).
9. CHANGES TO SITE OR TERMS OF ACCESS AND USE
All-Star Products reserves the right, at its sole discretion, without advance notice, to change,
modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be
immediately effective when posted. You agree to review the SATS periodically to be aware of
any changes. Your access to and continued use of the Site after the changes are posted shall
constitute acceptance of those changes. Also, events may occur that result in disruption or
discontinuation of access to the Site, removal of specific Site Contents or corruption of Site
Code. Therefore, All-Star Products reserves the right, without liability, to: (1) discontinue
provision of access to the Site to any and all users without notice; and (2) remove or modify any
Site Content.
10. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and All-Star Products’ interests, rights and obligations hereunder, can
be transferred by All-Star Products to a subsequent owner of an interest in this Site or any of the
Site Contents.
11. PRIVACY TERMSWe appreciate that you have visited our Site. Our privacy terms are meant to ensure that the Site
can operate efficiently and be used as a tool to provide services. Sites that link to, or are linked
from, this Site may have different privacy terms. Additional Data Privacy and privacy terms that
pertain to our Site can be accessed and reviewed by clicking through from the term "EU Data
Privacy" that appears on the first page of the Site. The additional terms also contain terms that
specifically relate to users from the European Union.
As with many other web sites, when you visit this Site, our web server or system may
automatically recognize and store information. Examples of such information might include
identification of the type of Internet browser used, the type of operating system your computer
has, the name of the Internet service used, the user's "click path," the advertisement or link used
to gain access to the Site, and the exit link or path from the Site. This type of non-personal
information helps us to evaluate the features of our Site and to determine the best ways to
provide our services. At times, we will share such information with our affiliates or parties that
are helping with our Site or working with us. If you provide personal information, such as a name
and address, we may use that information to communicate with you, or our affiliates or parties
working with us may use the information to communicate with you. If any personal information
is incorrect or objectionable, please contact the All-Star Products agent identified in Section 13
of these SATS.
When you visit the Site, we may notice that we use the widely-used technology called "cookies."
Cookies are bits of data sent to your browser for the purposes of authenticating, tracking and
maintaining information about your use of the Site, such as site preferences and electronic
shopping cart contents. We collect and use, and may from time-to-time supply third parties with,
this information as anonymous, collected or aggregated user data for the purposes of analysis,
quality control and improvements to the Site. Most Internet browsers will allow you to erase
cookies from your computer's hard drive, block acceptance of cookies, or receive a warning that a
cookie is stored. Please note, however, that if you block cookies, some portions of the Site may
not function properly. Your computer user's manual or help screen may contain more information
on how to eliminate or control the use or storage of cookies.
Web beacons are web page images that allow All-Star Products to gather anonymous data about
visits to the Site. This information is sometimes referred to as "clickstream data." All-Star
Products may collect clickstream data regarding the Site and its use through web beacons or
similar technology. All-Star Products may use this data, alone or in combination with other data
to assess and improve the features of this Site.
If you supply personal information, such as your name, address, email address or telephone
number, you may be contacted to provide you with information regarding products, services or
events that may be of interest to you.
12. ACCESS FROM OUTSIDE OF THE UNITED STATES AND EXPORT CONTROL
MATTERS
By providing personal information and other information through use of the Site, all users,
including, but not limited to, users in the European Union, fully understand and consent to thecollection and processing of such information in the United States of America. This Site is
operated from a location in the State of North Carolina, United States of America. All-Star
Products makes no representation that the Site, the Site Contents, links or the Site Code are
appropriate for use in countries other than the United States. All users are responsible for
compliance with applicable laws.
Software, information and technology provided for downloading or otherwise obtained via this
Site may be subject to U.S. export controls, such as the Export Administration Act (50 U.S.C.
Appx. §§ 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts
730-774), and may be subject to export or import regulations in other countries. You are
responsible for complying with all trade regulations and laws both foreign and domestic. Except
as authorized by law, you agree and warrant not to export or re-export the Site Contents, Site
Code or any other items or information gained via this Site to any country, or to any person,
entity, or end-user subject to U.S. export controls, including without limitation persons or entities
listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties
List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent
and warrant that no U.S. federal agency has suspended, revoked, or denied your export
privileges.
13. COMMUNICATIONS REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code or Contents in a linked site or in this Site, including but not
limited to content provided by third parties via Visitor Features, infringes a copyright or other
proprietary right or is otherwise injurious, please forward the following information to our
Copyright & Notice Agent at the address specified below:
a. Your name, address, telephone number, email address and other pertinent contact
information;
b. A description of the right that you believe is infringed or the injury that you believe is
being caused;
c. A detailed description of where the allegedly infringing or injurious content or code is
located;
d. A statement by you, with respect to the right or injury, that you have a good faith belief
that the objectionable use is not authorized by either the owner of the asserted right, an
agent of the owner, or by operation of law;
e. An electronic or physical signature of the person authorized to act on behalf of the owner
of the asserted right and/or an electronic or physical signature of the person(s) who claims
injury;
f. A statement by you, made under penalty of perjury, that the above information in your
notice is correct and that you are the owner of the asserted right, or are authorized to act
on behalf of the owner, or are an injured party; and
g. Any other information required for specific notice of the claim and allegedly infringing or
injuriou item.
Our Copyright Agent and recipient for other communications regarding the Site is: All-Star
Products CorporationWe seek to preserve all rights and exemptions from liability available under law, including
without limitation, copyright law, but we do not stipulate that we are a "service provider" for all
purposes.
14. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND
MERGER
These SATS, and all disputes arising from or related to them, their interpretation or their subject
matters (including but not limited to Site Contents) shall be governed by, resolved and remedied
in accordance with the laws of the State of Tennessee, USA (without resort to conflict of law
principles) as it applies to agreements entered into and to be performed entirely within such State
and to acts or omissions occurring wholly within the State. Any claims arising from or related to
the SATS or their subject matters shall be brought and resolved only in the appropriate State or
Federal Courts located in Tennessee and you expressly consent to the jurisdiction and exclusive
venue of said courts. However, All-Star Products, at its sole discretion, can also institute or
convert any action (no matter which party initiates it) to an arbitration under the applicable rules
of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified
above; and (2) take place in Memphis, Tennessee.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted
by any State) and the United Nations Convention for the International Sale of Goods are hereby
agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable
or waivable local and international provisions related to choice of law or dispute resolution are
waived or disclaimed by you in favor of the above choice of Tennessee law, jurisdiction and
forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities, if
any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the
rights of All-Star Products. The section headings in these SATS are for convenience only and do
not limit or otherwise affect the interpretation of any of the terms in the SATS.
If any provision(s) of the SATS are deemed unenforceable in a determination by a body with
proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable
provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident
intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the
unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in
good faith with respect to their modification. If the Parties cannot agree to a modification, the
SATS shall be enforced, without the unenforceable provision, in a fair manner that most closely
approximates the evident intent or understanding of the Parties.
These SATs comprise the entire agreement between the Parties relating to the matters contained
herein and shall not be modified except in a writing supplied by All-Star Products, such as
modified SATS.