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Terms of Use

Effective Date: March 16, 2025 · Last Updated: March 18, 2026

These Terms of Use ("Terms") govern your access to and use of westarchsystems.com (the "Site"), operated by Westarch Systems, LLC ("Westarch Systems," "we," "us," or "our"). By accessing or using this Site, you agree to be bound by these Terms. If you do not agree, please discontinue use of the Site.

Contents

  1. Use of This Site
  2. Intellectual Property
  3. Contact Form Submissions
  4. Third-Party Links and Products
  5. Disclaimer of Warranties
  6. Limitation of Liability
  7. Indemnification
  8. Governing Law
  9. General Provisions
  10. Changes to These Terms
  11. Contact Us

1. Use of This Site

The Site is a marketing and informational website for Westarch Systems. You may use the Site for lawful purposes only, in accordance with these Terms and all applicable laws and regulations.

You agree not to:

  • Use the Site in any way that violates applicable local, national, or international law or regulation;
  • Transmit any material that is unlawful, defamatory, fraudulent, or otherwise harmful;
  • Attempt to gain unauthorized access to any part of the Site or its underlying infrastructure;
  • Use automated tools (bots, scrapers, or crawlers) to collect content from the Site without our prior written consent;
  • Use the Site in a way that could impair its performance or interfere with other users' access to it.

We reserve the right to restrict or terminate access to the Site for any user who violates these Terms.

2. Intellectual Property

2.1 Our Content

The Site and all of its content, including text, design, graphics, logos, and code, are owned by or licensed to Westarch Systems and are protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any Site content without our prior written permission.

2.2 Trademarks

"Westarch Systems" and "Kozite" are trademarks of Westarch Systems, LLC. You may not use these marks in any manner without our prior written consent.

2.3 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and view the Site for your personal, non-commercial informational use only. This license does not include any right to sublicense, sell, copy, or commercially exploit the Site or its content.

3. Contact Form Submissions

When you submit a message through our contact form, you represent that the information you provide is accurate and that you have the right to send it. You agree not to submit any content that is misleading, fraudulent, or that infringes on the rights of any third party.

By submitting a message, you grant us permission to use that communication to respond to your inquiry and to maintain records as described in our Privacy Policy. You do not acquire any intellectual property rights by submitting a message, and any unsolicited ideas or suggestions you share may be used by us without obligation to you.

4. Third-Party Links and Products

The Site contains links to third-party websites, including kozite.com. While Kozite is a Westarch Systems product, it operates as a separate service with its own terms of service and privacy policy. We are not responsible for the content, privacy practices, or availability of any linked third-party sites.

Links on this Site do not constitute an endorsement of any third-party product, service, or organization.

5. Disclaimer of Warranties

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WESTARCH SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WESTARCH SYSTEMS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow limitations on implied warranties or exclusions of certain liabilities, so the above limitations may not apply to you in full.

7. Indemnification

You agree to indemnify, defend, and hold harmless Westarch Systems and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Site in violation of these Terms or any applicable law.

8. Governing Law

These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts of competent jurisdiction located in Delaware, and you consent to personal jurisdiction in those courts.

9. General Provisions

  • Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Westarch Systems regarding your use of the Site and supersede all prior agreements.
  • Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.
  • Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  • Assignment: You may not assign these Terms or any rights granted herein without our prior written consent. We may assign these Terms without restriction.

10. Changes to These Terms

We reserve the right to modify these Terms at any time. Changes will take effect upon posting to the Site, indicated by an updated "Last Updated" date. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

11. Contact Us

If you have questions about these Terms of Use, please contact us:

Westarch Systems, LLC
Email: [email protected]
Westarch Systems
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