Please Read Carefully Prior To Using This Website
I. Acceptance of Terms
Welcome to https://www.badger-technologies.com/ (the "Website"). This Website is operated by Badger Technologies, LLC (hereinafter “Badger”), a wholly owned subsidiary of Jabil, Inc. (hereinafter "Jabil"). The content on the Website is owned or licensed by Badger, Jabil, or owned by third parties that post on the Website through a license from Badger or Jabil, but for whom Badger or Jabil assumes no direct responsibility.
Use of this Website is governed by these Terms which constitute a legally binding agreement between User, Badger, and Jabil and these Terms apply to all persons who visit this Website ("Users”), regardless of the User’s level of participation. By accessing or using this Website, User acknowledges that User has read, understands and expressly and irrevocably agrees to the Terms and to abide by the Terms. In addition, User affirms that User is either more than 18 years of age, or an emancipated minor, or possesses legal parental or guardian consent, and that User is fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If the User of this Website does not agree with any of these Terms, User may not, under any circumstances, utilize the Website.
These Terms list Badger’s current policies and Terms, but Badger may adjust these Terms from time to time, at Jabil’s discretion, without providing any notice to User. In addition, Badger may cease all or part of the Website at any time without notice and is not obligated to retain or return any post or comment. If User objects to any such changes, User’s sole recourse shall be to cease using this Website. Continued use of the Website following the effective date of any changes shall indicate User’s acknowledgement of such changes and agreement to be bound by such changes.
II. Intellectual Property Rights
Ownership. All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks, service marks, trade dress and/or copyrights) or other intellectual property rights associated with the Website (hereinafter "Intellectual Property Rights"), are the property of Badger, Jabil, its licensors, or designated owners and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is protected work and is protected by intellectual property laws, unless otherwise noted, and may not be used without the written permission of Badger, Jabil or the respective owner except as provided in these Terms. A non-exhaustive list of Badger and Jabil registered trademarks and service marks (“Marks”) and common law Marks are posted on the Website at www.jabil.com/trademarks, which may be updated from time to time and which is incorporated herein. Any other marks used on the Website may be used for identification purposes only and may be trademarks of the respective companies that own them.
Authorized and Prohibited Uses. User may access, use, and display this Website and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these Terms and all applicable laws. If User violates these Terms and/or any applicable laws, User’s permission to use the Website is immediately terminated. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any Content or portion of this Website without the prior written permission of Jabil; provided, however, if the functionality of the Website permits the sharing of certain Content or a link through the use of an e-mail, text messages or social media, etc., User may send that particular Content to others by that sharing method. User agrees that he/she will not infringe upon any Intellectual Property Rights or remove or modify related intellectual property and/or proprietary notices contained in this Website or the Content.
Registration and Passwords. Jabil and its subsidiaries and Affiliates, including but not limited to Badger, may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If Badger and/or Jabil does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current, and complete. If Badger and/or Jabil believes that the details are not correct, current, or complete, Badger and/or Jabil will have the right to refuse User access to the Website, or any of its resources, and to suspend and/or terminate User's account. User is responsible for maintaining the confidentiality of any password(s) and registration details User is given to access this Website, and User is fully responsible for all activities that occur under User's password(s) and/or registration details. User agrees to notify Badger and/or Jabil immediately of any unauthorized use of User’s password(s) and/or registration details. Badger and/or Jabil reserves the absolute right, in its sole discretion, not to issue an account to any person or entity.
Copyright Infringement Notification. Jabil and its subsidiaries and Affiliates, including but not limited to Badger, is committed to complying with U.S. copyright law and to responding to claims of copyright infringement. Jabil will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for the Website in the manner described below:
10560 Dr. MLK Street North
St. Petersburg, FL 33716
Attn: General Counsel
For User’s complaint to be valid under the DMCA, User must provide all of the following information when providing notice of the claimed copyright infringement:
- a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- b) Identification of the copyrighted work claimed to have been infringed;
- c) Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Jabil to locate the material;
- d) Information reasonably sufficient to permit Jabil to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- e) A statement that User has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- f) A statement that the information in the notification is accurate, and under penalty of perjury, that User are authorized to act on behalf of the copyright owner.
For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
User should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.
Feedback. Jabil does not accept or consider creative ideas, photographs, drawings, artwork, suggestions for new products or product improvements, suggestions for technologies, methods, techniques, processes, inventions, marketing plans, or any other feedback via its Website (“Feedback”). This policy has been established in order to avoid any possibility that any products or services developed by Jabil, or its affiliates, including but not limited to Badger, might seem to a third-party to be similar to their own creative work. Accordingly, we respectfully request that you do not send any such Feedback.
To the extent that Feedback is sent to Jabil or Badger, Jabil will treat such Feedback as non-confidential and non-proprietary in each instance. Jabil shall not have any obligation of confidentiality with regard to the use or disclosure of any Feedback. Feedback may be used by Jabil without restriction for any purpose whatsoever, and you hereby irrevocably waive, release and give up any claim that any use of such Feedback violates any of your rights, including, without limitation, copyrights, trademarks, patents, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. Jabil shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Feedback in any and all media, now known or hereafter devised, throughout the world, in perpetuity, without according you any compensation or credit.
By providing Feedback to Jabil or Badger, you represent that such Feedback is created and is original by you and does not violate or infringe upon the rights of any third parties, including, without limitation, any intellectual property rights and rights of publicity or privacy. All Feedback shall be the sole property of Jabil and will not be acknowledged or returned. You agree and understand that Jabil is not obligated to use any Feedback you make to Jabil or Badger and you have no right to compel such use.
You hereby acknowledge and agree that your relationship with Jabil is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Jabil does not place Jabil in a position that is any different from the position held by members of the general public with regard to your Feedback. You understand and acknowledge that Jabil has wide access to ideas, stories, designs, and other literary materials, and that new ideas are continually being developed by Jabil's own employees. Many ideas may be competitive with, similar or identical to your Feedback. You acknowledge and agree that you will not be entitled to any compensation as a result of Jabil's use of any such similar or identical material.
Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Jabil's actual or alleged exploitation or use of any Feedback you submit to Jabil, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on the material.
III. Website and Registration Administration
Linking. No link shall be made to any page of this Website, except a direct link to the top page http://www.jabil.com, without framing. In addition, any link to this Website must be immediately followed by notice to Jabil via e-mail at email@example.com. Moreover, in the event Jabil deems User's linking practices in relation to this Website to be inappropriate, Jabil may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of Jabil relating thereto. Upon notification to Jabil of User’s link to the Website, as provided above, User may link to this Website unless and until Jabil gives notice that User must discontinue linking to this Website.
Authority of Website Administrator. Jabil may in its discretion modify, edit, translate, suspend, restrict access to, or terminate this Website, these Terms, the Content, or any link at any time without liability or prior notice. Jabil may, in its discretion, terminate the browsing of, registration with, and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these Terms.
IV. User Requirements and Obligations
Compliance. User will comply with all applicable laws in connection with use of this Website.
Unsuitable Conduct. User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment, or adverse publicity to Jabil.
User Cooperation and Notification. User will cooperate with all reasonable requests of Jabil and will notify Jabil promptly upon learning of any actual or suspected breach of these Terms by User or unauthorized use or abuse of this Website.
Third Party Websites and Other Information. As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom Jabil has no control or responsibility. Jabil has no obligation to monitor, control, or restrict the use of this Website or third party websites accessible via links on this Website. These other Websites are not under the control of Jabil, and User acknowledges that (whether or not such Websites are affiliated in any way with Jabil) Jabil is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Websites. The inclusion of such a link does not imply endorsement of any Website by Jabil or any association with its operators. Moreover, Jabil has no obligation to verify any Content submitted by any user or third party or to provide any registration or other information to User concerning any Content.
Unauthorized Use or Access. Unless otherwise expressly authorized in these Terms, User may not take any action to interfere with the Website or any other user's use of the Website or decompile, reverse engineer or disassemble any Content or other products or processes accessible through the Website, nor insert any code or product or manipulate the Content in any way that affects any user's experience. While using the Website, User is required to comply with all applicable statutes, orders, regulations, rules, and other laws. In addition, Jabil expects User to respect the rights and dignity of others. User’s use of the Website is conditioned on User’s compliance with the rules of conduct set forth in this section.
User may not (and User expressly agrees that User will not) do any of the following, which violate these Terms:
Additionally, User acknowledges and agrees that User (and not Jabil) is responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Website, and paying all charges related thereto.
- Post, upload, share, transmit, distribute, facilitate distribution of, or otherwise make available, through or in connection with the Website:
- Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right.
- Any material that would give rise to criminal or civil liability; that contains or promotes violence, drug use, illegal gambling or other criminal activity; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," "cracking," or "phreaking."
- Any virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation.
- Any material, non-public information about a company without the proper authorization to do so.
- Use the Website for any fraudulent or unlawful purpose.
- Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about users of the Website.
- Impersonate any person or entity, including without limitation any representative of Jabil or an Affiliated Entity; falsely state or otherwise misrepresent User’s affiliation with any person or entity in connection with the Website; or express or imply that we endorse any statement User makes.
- Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available; or violate any requirements, procedures, policies or regulations of such networks.
- Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).
- Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Jabil's express prior written consent.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website.
- Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.
- Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.
- Frame or mirror any part of the Website without Jabil's express prior written consent.
- Create a database by systematically downloading and storing Website Content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or in any way gather Website Content or reproduce or circumvent the navigational structure or presentation of the Website.
V. Warranty, Indemnification, and Limitation of Liability
Warranty. This Website, its Content, and its links are provided on an "as is" and “as available” basis and are used only at the sole risk of User, to the fullest extent permissible by law.
- a) Technical Content. The material in this Website could include technical inaccuracies or other errors. User’s use and browsing of the Website is at User’s risk. Jabil does not warrant that the functional aspects of the Website will be uninterrupted or error free or that this Website or the server that makes it available are free of viruses or other harmful components.
- b) Performance. Without limiting the foregoing, Jabil and its directors, officers, employees, agents, representatives, licensors and providers make no representation or warranty (a) regarding the statements, acts or omissions of any third parties; (b) that the website and/or any of its features will be available on a timely basis, or that access to the website and/or any of its features will be uninterrupted or secure; (c) that defects or errors will be corrected; or (d) that the website or the servers or networks through which the website is made available are secure or free of viruses or other harmful components. Further, Jabil does not promise that this website, nor any information, Content made available through the website, will be accurate, reliable, complete, error free or compatible with any particular hardware or software.
- c) General. Jabil disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software, and links), including any express or implied warranties as to fitness for a particular purpose, merchantability, title, timeliness, non-infringement, results, accuracy, completeness, accessibility, compatibility, security, and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. Jabil will not be liable for any damages or losses, including direct, indirect, consequential, special, incidental, or punitive damages, including without limitation damages for lost profits, goodwill, use, data, or other tangible or intangible losses, in connection with use of the internet, this Website, its Content, or its links, however caused, whether in contract, tort, negligence, strict liability or otherwise, even if Jabil has been advised of the possibility of such damages. Jabil will not be a party to, and will have no responsibility or liability for, any transaction negotiated or arranged by a User arising in connection with this Website. In any event, if any of the above provisions in this Section are not enforceable in an applicable jurisdiction, the maximum liability of Jabil will be limited to, in the sole discretion of Jabil, either the (1) correction or deletion of any inaccurate Content or link; or (2) refund of any fees for this Website received by Jabil from User.
Limitation of Liability. Jabil nor any of its agents, nor any other party involved in creating, producing, or delivering the Website, is liable for any direct, incidental, consequential, indirect, or punitive damages or losses arising out of or in connection with User’s access to, or use of, the Website, its features or any Content made available through the Website, even if advised in advance of such damages or losses, to the extent permitted by applicable law. JABIL’S MAXIMUM LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID BY USER TO ACCESS AND USE THE WEBSITE. IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO USER, AND USER MAY HAVE ADDITIONAL RIGHTS.
Indemnification. Each User will defend, indemnify, and hold Jabil and their respective officers, directors, employees, and agents, and any of its licensors, website partners, or contractors harmless from any demands, claims, damages, liabilities, expenses or harms, including attorney’s fees, arising in connection with User’s actions or omissions, including use of this Website, online conduct, breach of these Terms, or dealings or transactions with other persons resulting from use of this Website.
VI. International Users
U.S. Website. The Website is controlled, operated and administered by Jabil (or its licensees) from its offices within the United States of America and is not intended to subject Jabil to the laws or jurisdiction of any state, country or territory other than that of the United States. Jabil does not represent or warrant that the Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. User is also subject to United States export controls and is responsible for any violations of such controls, including without limitation any United States embargoes or other federal rules and regulations restricting exports. Jabil may limit the Website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
Personal Data. Note that User’s personal data, if User provides any, will be stored in Jabil databases (including local storage) or databases managed by third party service providers, which are located within and outside of the United States. Such data will be automatically transferred to these databases, which may be located in countries where privacy rules differ and may be less stringent than those of the country in which User reside. If User visits the Website from a country in the European Union, User consents to such cross-border transfers of personal data to the United States.
Separate Terms. In connection with User’s use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or Terms in addition to the Terms set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such additional Terms will not vary or replace these Terms regarding any use of this Website, unless otherwise expressly stated
Modification of Terms, Etc. These Terms constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These Terms are subject to change from time to time and are effective immediately upon posting. Jabil will endeavor to post a notice of any changes to these Terms for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these Terms occasionally or at least every thirty (30) days. User’s continued use of this Website, subsequent to Jabil’s notice of modification of these Terms, shall constitute User's acceptance of the modified Terms. If any provision of these Terms shall be found to be invalid, illegal, or otherwise unenforceable, such finding shall not affect the other provisions of these Terms, or the whole of these Terms, but such provision shall be deemed modified to the extent necessary to render such provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms. The parties hereto are separate and distinct, and this agreement is not intended to create and does not create an agency, partnership, or joint venture relationship between the parties nor do these Terms extend to any third party. User's obligations pursuant to these Terms shall survive termination of this Website, any use of this Website, any Content provided by User on this Website, and/or these Terms.
Contact Information. If User has any questions regarding these Terms or this Website, please contact Jabil at firstname.lastname@example.org
Last Updated December 2017.