Acceptance of the Terms of Use.

These terms of use are entered into by and between you and Custom Abrasives, LLC (the “Company”, “we”, “our”, or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of our website: www.customabrasivesllc.com, including any content, functionality, and services offered on or through www.customabrasivesllc.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated herein by reference. Electronic records, signatures, and click-through acceptance may be used and enforced to the extent permitted by the Louisiana Electronic Transactions Act, La. R.S. 9:2601 et seq., and the Federal E-SIGN Act. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. The Website is not directed to children under 13 years old, and we do not knowingly collect personal information from children under 13 years old. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and, if acting for a business, that you have authority to bind that business. If you do not meet these requirements, you must not access or use the Website.

Changes to the Terms of Use.

We may revise and update these Terms of Use from time to time. Changes will be effective on the date stated in the revised Terms or, if no date is stated, when posted. For material changes, we will provide reasonable notice by a prominent Website notice, account notice, or email where appropriate. Changes will apply prospectively and will not alter rights or obligations that accrued before the effective date.

Your continued use of the Website after the effective date of revised Terms of Use means that you accept and agree to the changes, except to the extent applicable law requires a different form of assent. If you do not agree to revised Terms, you must stop using the Website. 

Accessing the Website and Account Security.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our discretion and with reasonable notice where practicable. We will use reasonable efforts to maintain availability, but the Website may be unavailable for maintenance, security, business, or other reasons. Nothing in these Terms of Use limits liability that cannot be excluded under applicable law. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website. 

We aim to make the Website accessible to users with disabilities and welcome requests for accessibility assistance at mmichael@custom-abrasives.com.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website; and
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, including account registration, procurement inquiries, purchasing, or vendor and supplier interactions, you may be asked to provide registration details or other information. It is a condition of your use of the Website that the information you provide is correct, current, and complete. You agree that all information you provide, including business, account, contact, tax, resale, and transaction information, is governed by our Privacy Policy, and you consent to actions we take with respect to that information consistent with the Privacy Policy. 

If you choose, or are provided with, a username, password, or other security information, you must treat it as confidential and must not disclose it to another person or entity. Your account is personal to you, or to the business account holder identified during registration, and you must not provide unauthorized access. You agree to notify us promptly of unauthorized access, use of your credentials, or any other suspected security incident, and to exit your account at the end of each session. We maintain reasonable administrative, technical, and physical safeguards appropriate to the nature of the information we maintain, but no transmission or storage system can be guaranteed secure.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights.

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use or for your internal business purposes, including evaluating, sourcing, purchasing, or administering products and services. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use any part of the Website or services or materials available through it for an unlawful purpose or to compete unfairly with the Company. This restriction does not prohibit ordinary commercial procurement, purchasing, account administration, or vendor and supplier communications conducted through the Website. 

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: mmichael@custom-abrasives.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks.

The Company name, the term Custom Abrasives, the Custom Abrasives logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses.

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation, including laws governing privacy, communications, sanctions, and the export or re-export of products, technical data, or software. You must comply with applicable U.S. export-control laws, including the Export Administration Regulations, and must not use the Website or products for a prohibited end use or with a prohibited party. 
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website. 
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination.

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. To the extent permitted by law, including Section 230 of the Communications Decency Act, we are not responsible for third-party User Contributions and may remove or restrict content in our discretion. Nothing in this section limits obligations under applicable copyright law or liability that cannot be excluded under applicable law. 

Content Standards.

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization. 
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Nothing in these Terms of Use prohibits or penalizes a truthful consumer or business review, commentary, or other assessment of the Company or its products. We will not condition a review on a particular sentiment or require a reviewer to waive intellectual-property or other legal rights beyond what is reasonably necessary to administer the review feature. 

Reliance on Information Posted.

The information presented on or through the Website is made available for general information purposes. We seek to keep Company-provided information accurate and non-deceptive, but we do not warrant that all information is complete, current, or suitable for every purpose. Product, pricing, availability, technical, and safety information should be confirmed through the applicable product documentation, Safety Data Sheet (“SDS”), quotation, invoice, or Terms of Sale before use or purchase. 

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Changes to the Website.

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to the Website.

All information we collect on this Website is subject to our Privacy Policy. The Privacy Policy describes our collection, use, disclosure, retention, security, and rights practices. By using the Website, you acknowledge the disclosures in the Privacy Policy and consent only where consent is required and obtained in a legally valid manner.

We may collect the following categories of personal information: identifiers and contact information; business, company, job-title, and professional information; account credentials and authentication information; commercial and transaction information; payment information processed by third-party payment processors; tax-exemption and resale certificates; device, browser, IP-address, usage, cookie, and similar online activity data; communications and preferences; and vendor, supplier, and procurement information.

We may use personal information to provide, authenticate, maintain, secure, and improve the Website; create and administer accounts; respond to procurement and customer-service inquiries; process orders, payments, shipping, returns, warranties, tax exemptions, and resale documentation; communicate about transactions and products; send marketing communications where permitted; manage vendor and supplier relationships; personalize content; perform analytics; prevent fraud and misuse; comply with law; and evaluate or complete a corporate transaction. 

We may disclose categories of personal information to payment processors; shipping and logistics carriers; hosting, cloud, information-technology, customer-support, analytics, and advertising providers; distributors and fulfillment partners; professional advisors; auditors; insurers; law-enforcement and government authorities when required or permitted; and parties involved in a merger, financing, acquisition, reorganization, or sale of assets. Payment-card information is processed by third-party providers using their terms and security controls, including PCI DSS controls where applicable; financial-privacy laws such as Gramm-Leach-Bliley Act apply where legally applicable to the relevant provider or transaction.

We and our service providers may use cookies, pixels, SDKs, log files, and similar technologies for essential functions, authentication, preferences, analytics, and interest-based or targeted advertising. You may control cookies through browser or device settings and available opt-out tools. We honor Global Privacy Control (“GPC”) signals as requests to opt out of sale, sharing, and targeted advertising to the extent the signal is technically received and applicable. Some Website functions may not operate fully if optional technologies are disabled. 

We may disclose identifiers, device and usage data, and inferences to analytics or advertising providers for interest-based or targeted advertising. You may opt out of sale or sharing for targeted advertising by using the link or tool, honoring GPC, or contacting mmichael@custom-abrasives.com. Our Privacy Policy will describe current practices and any applicable categories in greater detail.

As a voluntary benefit extended to all users, you may request access to, deletion of, or correction of personal information about you, and may opt out of sale, sharing, and targeted advertising. These rights are subject to lawful exceptions, including information needed to complete a transaction, protect security, comply with law, resolve disputes, or maintain required records.

Submit a privacy request to the Company at mmichael@custom-abrasives.com. We may verify your identity and authority before responding, may request additional information reasonably necessary to authenticate a request, and will respond within forty-five (45) days or explain any lawful or operational need for additional time. An authorized agent may submit a request with proof of authorization and, where appropriate, verification of your identity. You may appeal a denied request by contacting the same channels and identifying the original request.

We will not discriminate against you for exercising the voluntary rights described above. Subject to applicable law, we may offer different prices, services, or benefits only when reasonably related to the value of the personal information or the service involved and after making any disclosures required by law.

We retain personal information only for as long as reasonably necessary for the purposes described above, including order fulfillment, account administration, tax and accounting records, warranty and dispute management, security, legal compliance, and business operations. We securely dispose of or de-identify information when it is no longer reasonably needed, consistent with applicable law, including the Louisiana Database Security Breach Notification Law, La. R.S. 51:3071 et seq. 

We use reasonable administrative, technical, and physical safeguards appropriate to the nature of the personal information we maintain. No security program is infallible. If a security incident triggers a notice obligation, we will provide notice as required by applicable law, including the Louisiana Database Security Breach Notification Law, La. R.S. 51:3071 et seq., and applicable federal law.

The Website is not directed to children under 13 years of age, and we do not knowingly collect personal information from children under 13 years of age. If you believe a child has provided personal information, contact us at mmichael@custom-abrasives.com so we can evaluate and delete it where appropriate. 

The Website is operated in the United States. If you access it from another country, you understand that information may be collected, used, and stored in the United States and may be subject to United States law. You are responsible for complying with local law, and we do not represent that the Website or its privacy practices are appropriate or lawful in every jurisdiction. 

For privacy questions, requests, appeals, or complaints, contact Custom Abrasives at mmichael@custom-abrasives.com, (985) 276-4244, or 2000 Preserve Lake Drive, Suite A, Covington, LA 70433.

Electronic Communications and Marketing.

We may send transactional messages about accounts, orders, shipping, invoices, safety information, and service issues. We may also send promotional emails where permitted by law. Commercial emails will identify the sender, use accurate header information and subject lines, include our valid physical postal address at 2000 Preserve Lake Drive, Suite A, Covington, LA 70433, and provide a clear, functioning unsubscribe method. We will honor an unsubscribe request within ten (10) business days and will not require more than the steps reasonably necessary to submit it.

You may opt out of promotional email at any time by using the unsubscribe link in the message or contacting mmichael@custom-abrasives.com. Opting out of promotional email will not prevent transactional, account, safety, or legally required communications.

Online Purchases and Other Terms and Conditions.

All purchases through the Website and other transactions for the sale of goods or services are governed by our Terms of Sale, which are incorporated into these Terms of Use. The Terms of Sale should state applicable prices, taxes, shipping estimates, returns, refunds, warranties, and any interest, finance charge, or late fee; any such charge will apply only if clearly agreed and permitted by applicable law. 

For consumer orders, we will provide shipping estimates and will not accept payment without a reasonable basis to expect timely shipment. If shipment is delayed beyond the promised or reasonably stated time, we will provide the notices, cancellation opportunity, and prompt refund required by applicable law, including the FTC Mail, Internet, or Telephone Order Merchandise Rule. 

If the Company offers subscriptions, recurring orders, or automatic renewals, the applicable offer will disclose the material terms before consent, obtain any consent required by law, provide required reminders, and offer a reasonably accessible cancellation method. No recurring charge will be imposed without the required authorization.

Product Safety and Use.

Industrial and commercial abrasive products can create dust, sparks, noise, heat, fragments, and other hazards if selected, stored, installed, or used improperly. Use each product only for its intended application and in accordance with the product label, manufacturer instructions, applicable SDS, equipment manufacturer instructions, and the directions of trained personnel. Inspect products before use and do not use products that are damaged, altered, or otherwise unsafe. 

SDS’ and product-safety information may be requested at orders@custom-abrasives.com or amichael@custom-abrasives.com. Users are responsible for appropriate personal protective equipment, machine guarding, ventilation, training, inspection, and workplace controls, and should follow applicable OSHA requirements and relevant ANSI guidance. Nothing in these Terms replaces an SDS, product label, technical specification, or professional safety assessment. 

Any product warranty, disclaimer, remedy, or limitation is governed by the applicable Terms of Sale, written warranty, product documentation, and applicable law. Nothing in these Terms limits a warranty or remedy that cannot lawfully be disclaimed, including rights that may apply under the Magnuson-Moss Warranty Act or applicable FTC warranty rules.

Additional terms and conditions may apply to specific portions, services, features, products, promotions, or transactions on the Website. Those terms will be presented or linked where applicable and are incorporated into these Terms of Use only to the extent they are properly disclosed and do not conflict with applicable law.

Linking to the Website and Social Media Features.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from the Website.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions.

The owner of the Website is based in the State of Louisiana in the United States. We provide this Website primarily for persons located in the United States. We make no claim that the Website or its content is accessible or appropriate outside the United States. Access may not be legal in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties.

You understand that we cannot and do not guarantee that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for maintaining appropriate anti-virus protections, data backups, and procedures for your particular requirements. To the fullest extent permitted by law, we will not be liable for loss or damage caused solely by a distributed denial-of-service attack, virus, or other technologically harmful material introduced by a third party, except to the extent the loss results from our failure to use reasonable care or from liability that cannot be excluded or limited under applicable law. 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. THE WEBSITE, ITS CONTENT, AND SUCH SERVICES OR ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Company does not warrant that the Website or its content will be complete, accurate, reliable, secure, error-free, or uninterrupted, or that defects will be corrected. These statements do not limit warranties, remedies, or liability that cannot be excluded or limited under applicable law. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. This disclaimer does not apply to an express written warranty, a warranty or remedy that applicable law makes non-waivable, or liability for fraud, intentional fault, gross fault, willful misconduct, or physical injury or death.

The foregoing does not affect any warranty, remedy, or other protection that cannot be excluded or limited under applicable law, including applicable consumer-protection, product-liability, or written-warranty rights. 

Limitation on Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF REVENUE, PROFITS, BUSINESS, ANTICIPATED SAVINGS, USE, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE WEBSITE, LINKED WEBSITES, CONTENT, GOODS, OR SERVICES, EVEN IF FORESEEABLE. This limitation does not apply to direct or other damages resulting from fraud, intentional fault, gross fault, willful misconduct, physical injury or death, or liability that cannot be excluded or limited under applicable law.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law, including non-waivable consumer, product-liability, personal-injury, or statutory claims. 

Indemnification.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction.

All matters relating to the Website and these Terms of Use, and any dispute or claim arising from or related to them, including non-contractual disputes or claims, shall be governed by and construed under the internal laws of the State of Louisiana, without giving effect to conflict-of-law rules, except to the extent federal law or a non-waivable law requires otherwise.  

Subject to the Arbitration section and any non-waivable venue or consumer-protection law, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website shall be instituted in the state courts sitting in St. Tammany Parish, Louisiana, or in the federal court for the Eastern District of Louisiana, as jurisdiction permits. You consent to personal jurisdiction and venue in those courts for such proceedings. The Company may bring an action for breach in another jurisdiction where permitted by law. 

Arbitration.

IMPORTANT: AT THE COMPANY’S ELECTION, ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE, INCLUDING ITS INTERPRETATION, VIOLATION, INVALIDITY, NON-PERFORMANCE, OR TERMINATION, MAY BE RESOLVED BY FINAL AND BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER THE AAA RULES APPLICABLE TO THE CLAIM, APPLYING LOUISIANA LAW AND THE FEDERAL ARBITRATION ACT. Arbitration will be conducted remotely or at a reasonably convenient location, and this paragraph does not prevent a party from using small-claims court where available or seeking relief that cannot lawfully be waived. 

CLASS ACTION WAIVER: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, OR REPRESENTATIVE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim. 

You may opt out of the arbitration and class-action waiver by sending written notice to 2000 Preserve Lake Drive, Suite A, Covington, LA 70433 within thirty (30) days after first accepting these Terms of Use. The notice must identify you and state that you are opting out. If you opt out, the remaining provisions continue to apply.

Limitation on Time to File Claims

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. THIS LIMITATION DOES NOT APPLY TO CLAIMS OR RIGHTS THAT CANNOT LAWFULLY BE SHORTENED OR WAIVED. 

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

Entire Agreement.

The Terms of Use, our Privacy Policy, our Terms of Sale, and any other policies or terms expressly incorporated by reference constitute the entire agreement between you and Custom Abrasives regarding the Website and supersede prior and contemporaneous understandings, agreements, representations, and warranties regarding the Website, except for any separate written order, warranty, or agreement that expressly governs a particular transaction. 

Your Comments and Concerns.

This website is operated by Custom Abrasives, LLC, 2000 Preserve Lake Drive, Suite A, Covington, Louisiana 70433.

All other feedback, comments, requests for technical support, privacy requests, and other communications relating to the Website should be directed to mmichael@custom-abrasives.com. Privacy requests may also be submitted through the channels identified in the Privacy and Data Practices provisions above.