PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE:
This website (the “Site”) is provided by EPtronics, Inc (“Owner”). BY USING THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL OTHER POLICIES DESCRIBED IN THE SITE.
These terms may be changed from time to time and without further notice. Your continued use of the Site after any such changes constitutes your acceptance the new terms. If you do not agree to abide by these or any future terms please do not use the Site or download materials from it.
Owner may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. Owner may remove, modify or otherwise change any content, including that of third parties, on or from this Site. Owner may impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Owner may terminate your use of the Site at any time in its sole discretion.
These terms apply exclusively to your access to and use of the Site and do not alter the terms or conditions of any other agreement you may have with Owner.
1. PROPRIETARY RIGHTS
Copyrights. Owner reserves copyrights in all contents of this Site, including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement. The contents of this Site may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Owner’s prior written permission, with the only exception that you are Owner’s employee, sales representative, or sales partner under signed agreement, provided that you may download and print content for uses that are not competitive with or derogatory to Owner and keep all copyright or other proprietary notices intact. Please note that this limited consent may be revoked at any time and does not include consent to republish Site information on any other Internet, Intranet or Extranet site or to incorporate the information in any other database or compilation. Any other use of the content of this Site is strictly prohibited. You further agree that you will not systematically extract, collect or harvest, through electronic means or otherwise, any data or data fields from this Site, including but not limited to customer identities.
Trademarks. Trademarks of Owner and its affiliates may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. All page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Owner or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Owner. Other trademarks, registered trademarks, product names, and company names or logos displayed on this Site are the property of their respective owners.
Patents. Owner’s products and processes may be covered by one or more patents and are subject to other trade secret and proprietary rights. Owner reserves all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of Owner’s products or processes.
Software. Any software, including any files, images generated by the software, code, and data accompanying the software (collectively, “Software”), used or accessible through this Site may be used by you solely for accessing and using this Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to Owner. Owner retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
2. USER CONDUCT –GENERAL
In using this Site, you agree:
(a) not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
(b) not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites;
(c) not to upload, post, or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
(d) not to use or attempt to use another’s account, service or system without authorization from the Owner, or create or use a false identity on this Site;
(e) not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;
(f) not to attempt to obtain unauthorized access to Site or portions of the Site, which are restricted from general access;
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.
Your access to this Site is authorized by the terms of this Agreement. Access by third parties is expressly prohibited. You agree to indemnify and hold the Owner harmless from any liability, costs or damages arising out of claims or suits that result from third party access to the Service if such access is obtained from you.
3. USER CONDUCT — ONLINE COMMUNITIES & OTHER INTERACTIVE AREAS
The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortuous, abusive, offensive, threatening, or obscene communications or material of any kind, or materials which infringe or violate any third party’s copyright, trademark, trade secret, privacy or other proprietary or property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred, or that promotes illegal activities or physical harm against anyone. Owner reserves the right but not the obligation to remove any materials it deems objectionable. You agree to hold harmless Owner and its affiliates and parties with whom Owner has contracted for purposes of hosting or maintaining this Site from all claims based upon communications made or materials posted by others or the use by third parties of this Site.
4. ONLINE COMMUNICATION ON & THROUGH THE SITE
Owner reserves the right to collect information in connection with your visit of the Site and may use that information in accordance with general guidelines consistent with applicable Federal and state laws.
6. OWNER PRODUCT & SERVICE INFORMATION — LIMITATIONS
All content available through this Site, including data, quotes, status reports, technical drawings, configurations, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through this Site. Specifications for products and services are subject to change without notice, and Owner reserves the right to make changes without notice to processing, materials, or configuration. Owner does not guarantee that products listed in its online catalog will be available at the time of your order. All information on the Site is subject to the disclaimers of section 8 below.
7. LINKS & THIRD PARTY CONTENT
Links to Other Websites. This Site may from time to time contain links to other websites or other Internet information sources (“Third Party Sources”). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by Owner of — or responsibility for — the third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.
Links from Other Websites. All links to this Site must be approved in writing by Owner, except that Owner consents to links in which: (1) the link is a text-only link containing only the title of the home page of this Site, (2) the link “points” only to the home page of the Site and not to deeper pages, (3) the link, when activated by a user, displays this home page of the Site full-screen and not within a “frame” on the linked website, (4) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by Owner or its affiliates, or (ii) be such as to damage or dilute the goodwill associated with the name and trademarks of Owner or its affiliates. Owner reserves the right to revoke this consent to link at any time in its sole discretion
Third Party Content. This Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither Owner nor its affiliates shall have any liability whatsoever to you for any such third party material, data or information
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE OWNER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. THE OWNER RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. THE OWNER MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT OWNER DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, OWNER AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SITE. OWNER DOES NOT MAKE ANY WARRANTY THAT THIS SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THIS SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. NOR DOES OWNER MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THIS SITE. OWNER ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF OWNER, ITS AFFILIATES, ITS LICENSORS, OR A USER’S OWN ERRORS AND/OR OMISSIONS.
OWNER DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING.
THIS SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY OWNER AND AVAILABLE THROUGH THIS SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THIS SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS “BELIEVE,” “EXPECT,” “PLANS,” “MAY,” “WILL,” “SHOULD,” “ANTICIPATES” OR SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATION COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED. THE INFORMATION CONTAINED IN OWNER’S MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN OTHER OWNER FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE REALIZED. OWNER UNDERTAKES NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL OWNER OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN OWNER FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT CONTAINED ON THIS WEBSITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Upon a request by the Owner, you agree to defend, indemnify, and hold harmless the Owner and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Owner in asserting any available defenses.
11. YOUR REPRESENTATIONS & WARRANTIES
You represent and warrant for the benefit of the Owner that: (a) you are at least 18 years of age; (b) you possess the legal right and ability to enter into this Agreement and make credit card charges on your own behalf or on behalf of any person or entity for whom you are acting as agent/or that you are authorized to use the password required for this Site; and (c) all information that you submit to is true, accurate and current.
12. RISK OF LOSS
All items purchased from Owner is made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
13. GENERAL International.
This Site is controlled, operated and administered by Owner from its offices within the United States. Owner makes no representation that materials at this Site are appropriate or available for use at locations outside of the United States, and your access to the Site from territories where its contents may be illegal is prohibited.
Applicable Law. The terms shall be governed by and construed in accordance with the laws of the State of California, and the federal laws of the United States of America, without giving effect to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within the State of California.
Other. These terms constitute the entire agreement between you and Owner governing your use of the Site. Should any provision in these terms be found invalid or unenforceable for any reason, then that provision shall be deemed severable from the terms and shall not affect the validity or enforceability of the remaining provisions. You agree that any claim arising out of or related to the terms or your use of the Site must be filed within one year after it arose or be permanently barred.