Legal

Terms of Use

Last Updated May 3, 2022

Welcome to the Adams Mfg. Corp. website. You accept and agree to these Terms of Use (the “Terms”) when you visit www.adamsmfg.com (the “Site”), or shop in our Suction Cup eStore (which can be accessed via the Site, or directly through the URL: www.suctioncups.com), whether you access the Site through a personal computer, mobile device or any other technology, so please read the Terms carefully. We may modify the Terms from time to time, effective upon posting to the Site. Your access to or use of the Site at any time constitutes acceptance of the Terms in effect at that time.

Privacy

Our Privacy Policy (which can be accessed at www.adamsmfg.com/privacy-policy) also governs your access to and use of the Site and information you provide or we collect on or through the Site, and are incorporated into these Terms by reference. Please review the Privacy Policy to learn about information we collect and how we use and disclose such information. The Site is not directed at children, and Adams Mfg. Corp. will not knowingly collect personally identifiable information from any child under the age of majority in his or her country.

Patents

The following are patents protecting the Adams Mfg. Corp. line of innovative products. Adams Mfg. Corp. patents are protected under United States and international law and will be vigorously defended if infringed upon.

D440,070 - D461,968 - D477,528 - D477,775 - D477,987 - D477,988 - D492,890 - D509,970 - D552,457 - D552,458 - D552,463 - D555,401 - D555,942 - D563,685 - D578,383 - D583,525 - D607,223 - D608,624 - D609,556 - D621,694 - D639,700 - D655,221 - D661,178 - D671,826 - D677,069 - D679,106 - D684,782 - D686,489 - D688,885 - D691,820 - 1,675,130 - 1,804,273 - 1,831,212 - 1,839,448 - 1,923,435 - 2,254,216 - 2,293,703 - 2,679,358 - 2,798,473 - 3,339,265 - 3,371,984 - 3,377,272 - 3,447,935 - 3,452,296 - 3,654,562 - 3,721,745 - 3,802,594 - 4,237,786 - 4,246,062 - 4,284,024 - 4,286,886 - 5,531,411 - 5,535,971 - 5,538,254 - 5,601,272 - 5,607,131 - 5,667,174 - 5,725,193 - 5,938,168 - 6,027,228 - 6,065,899 - 6,131,865 - 6,328,459 - 6,352,229 - 6,360,899 - 6,430,891 - 6,443,074 - 6,543,905 - 6,666,151 - 6,681,451 - 6,682,138 - 6,715,429 - 6,826,811 - 6,854,610 - 6,857,247 - 6,869,053 - 7,182,304 - 7,185,864 - 7,207,088 - 7,401,854 - 7,685,780 – 7,837,162 – 8,262,393 – 8,312,674 - 8,333,430 - 8,480,045 - 8,756,859 - 9,504,329 - CAN130,642 – CAN130,702 – CAN130,895 – CAN135,126 – CAN142,595 - CAN142,596 - CAN144,239 - CAN147,176 - CAN148,137 - CAN 148,138 - CAN2,387,207 - CAN2,681,993 - CAN2,684,025 - TMA639,065 - TMA791,518 - TMA793,920 - TMA798,783 - TMA864,214 - TMA875,116

The following products (on this virtual patent page) are protected by patents in the United States and elsewhere. This page, which is free to access, is provided in compliance with the virtual patent marking provisions of U.S. patent law, 35 U.S.C. § 287(a). https://adamsmfg.com/legal/patents

Trademarks

Adams Mfg. Corp. trademarks may not be used without Adams Mfg. Corp. prior written permission, including, without limitation, for or in connection with any product or service or in any manner that could cause potential confusion among customers or that disparages Adams Mfg. Corp. or its products or services. Trademarks and trade names on the Site that are not owned by Adams Mfg. Corp. are the property of third parties, who may or may not be affiliated with Adams Mfg. Corp.

Copyrights

All content on the Site, including, without limitation, the text, product descriptions, graphics, images, videos, photography, logos and icons, and the compilation and layout of content on the Site, and all intellectual property rights included in or related to the Site (including but not limited to any information databases, copyrights, trademarks and service marks), are owned or licensed by us, and all right, title and interest in and to the Site and the related intellectual property rights remain our property (or the property of the respective licensors) and is protected under United States and international copyright and other intellectual property laws. You may not, and these Terms do not give you permission to, reproduce, reverse engineer, decompile, disassemble, modify or create derivative works with respect to the Site and any content, information or functionality contained therein. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or its content.

Access and Use of the Site

You are welcome to access our site for personal or commercial use. Copying, distribution, transmission or modification of the Site’s content, including, without limitation, collection or use of product descriptions or prices, use of data mining or similar tools or framing of any Site content is subject to Adams Mfg. Corp.'s prior written consent. You may link to the Site for non-commercial or commercial purposes only or as otherwise specifically agreed in writing by Adams Mfg. Corp. provided that such link does not disparage or defame Adams Mfg. Corp. or its products or services, and that you remove any such link upon demand by Adams Mfg. Corp. You agree not to use the Site in any manner that would (a) adversely affect the Site’s resources or the availability of the Site to others; (b) violate any local, state, national or international law; or (c) delete or modify any content on the Site. Adams Mfg. Corp. does not sell products to children, but to adults who can make purchases with a credit card or other permitted method of payment. If you are under the age of majority in your respective country, you may access and use the Site only under the supervision of a parent or guardian.

Products

Adams Mfg. Corp. uses reasonable efforts to ensure that product descriptions and photographs are accurate and complete. However, Adams Mfg. Corp. does not warrant that any product description or other content on the Site is 100% accurate, complete, current or without error. If a product is not as described on the Site, we recommend you contact customer service at 800.237.8287, option 2.

Warranty, Shipping and Return Policies

Information about Adams Mfg. Corp. warranty, shipping and return policies can either be found on individual product pages, or in our comprehensive FAQs. Further clarification can be obtained by contacting our customer service department at 800.237.8287, option 2.

Links

The Site may include links to sites owned or operated by third parties. Links are provided as a convenience to visitors and do not constitute an endorsement of any third party site, product or service or indicate any affiliation with the owner or operator of such sites. Adams Mfg. Corp. is not responsible for the content of any third party site or for the practices of its owner or operator. Use of any third party information or functionality may be conditioned upon terms and conditions of such third party providers.

Information Posted on the Site

Except for information maintained as private in accordance with our Privacy Policy, information posted or submitted to or via our Site is public. You are solely responsible for information or material which you post on or provide to our Site, including but not limited to any posting or listing in any public message area or through any e-mail, subscription, uploading or linking feature. You grant us a non-exclusive, worldwide, perpetual, royalty free, irrevocable right to exercise all copyright, trademark and publicity rights with respect to this information (including, without limitation, any ideas, feedback, suggestions, testimonials or otherwise). We reserve the right to take any action with respect to information posted on our Site which we believe is appropriate in our sole discretion including but not limited to, removal of such information and/or termination of your rights of use, however we do not control the information provided by users or other content providers which is made available via our Site. Information you post may be changed, updated or removed without notice. We do not endorse, nor are we liable for, any information posted by third parties on the Site.

Prohibited Activities

You may not use any device, software or routine intended to damage or interfere with the proper working of the Site or to intercept or expropriate any system, data or personal information from the Site.

Termination of Site or Access to Site

Adams Mfg. Corp. reserves the right, in its sole discretion, to terminate your access to the Site, or to discontinue the Site, in whole or in part, at any time and without notice.

Disclaimer of Warranties/Limitation of Liability

EXCEPT AS EXPRESSLY SET FORTH IN OUR RETURN POLICY, WE PROVIDE THE SITE, THE PRODUCTS, AND ANY INFORMATION AND CONTENT CONTAINED IN OR PROVIDED VIA THE SITE, "AS IS", WHERE IS, AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE ALSO DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS OR INFORMATION VIA THE SITE, COMPLETENESS OR ACCURACY OF INFORMATION, AND OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. WE DISCLAIM any warranty, express or implied, that the content contained in or accessed through the Site is 100% accurate, complete, reliable, current or error-free. You agree that your access to and use of the Site is at your sole risk.

We shall have no liability, whatsoever, for the unavailability of the Site. We shall also not have any liability for any loss of data or transactions resulting from delays, non-deliveries, mis-deliveries or service interruptions caused by us, any third party acts or any other web host provider or the Internet infrastructure and network external to the Site, or for inaccurate information provided by a third party or failure to update information provided via the Site. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE IN CONNECTION WITH YOUR USE OF THE SITE, THE PRODUCTS, THE CONTENT OR INFORMATION PROVIDED VIA THE SITE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN NO EVENT SHALL ADAMS MFG. CORP.’S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE GREATER OF THE FEES PAID TO ADAMS MFG. CORP. BY YOU FOR THE APPLICABLE PRODUCT GIVING RISE TO THE LIABILITY, OR $50.

The limitations of liability provided in these Terms inure to the benefit of ADAMS MFG. CORP., and its affiliates and their respective officers, directors, employees, attorneys and agents. Some jurisdictions do not permit the disclaimers and limitations contained in these Terms, in which case they are not applicable to you.

Governing Law and Jurisdiction

The Site is managed and controlled by us from our offices in Pennsylvania. It can be accessed from the United States, as well as from other countries around the world. As each of these places has laws that may differ from those of Pennsylvania, by accessing the Site, you agree that these Terms and your use of the Site shall be governed in all respects by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws provisions. Any claim brought by you against us arising out of or relating to these Terms, the Privacy Policy or the Site shall be brought within six (6) months of the event out of which such claim or action arose, and shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Pittsburgh, Pennsylvania, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

State-Specific Legal Notices

Pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538, residents of California are hereby advised of the following: Adams Mfg. Corp., located at 109 West Park Road, Portersville, PA 16051

is the provider of the electronic commercial service on this Site. Users will be notified in advance if there will be a charge for any product. Please see our Return Policy for information regarding returns. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814, or by calling 1-800-952-5210.

DMCA--Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent liaison by e-mail to: adams.marketing@keter.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, e-mail address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph.

General

The Site is controlled and operated by Adams Mfg. Corp. from its headquarters in Portersville, PA, USA. Adams Mfg. Corp. makes no representation that any content on the Site is appropriate or available for use in other locations. You are solely responsible for ensuring that your access to and use of the Site complies with all applicable laws of your jurisdiction. These Terms, as they may be amended from time to time, set forth the entire understanding of you and Adams Mfg. Corp. as to the subject matter hereof.

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect and all provisions shall be enforced to the fullest extent permitted by law. Any waiver of any provision of these Terms must be in writing and shall not constitute a continuing waiver or a waiver of any other provision. A printed version of these Terms and of any notice given in electronic form shall be admissible in arbitration or in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.