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l Electrol Supply Corporation Terms of Use YOUR USE OF THIS WEB SITE AND YOUR REGISTRATION FOR ELECTROL CONNECT LOGIN PRIVELAGES CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS PROVIDED BELOW (the "Terms"). ELECTROL may modify the Terms, amplify the Terms, as well as discontinue or change services offered at any time. You may view the most up-to-date version of the Terms at any time at http://www.electrolsupply.com/terms.html SYSTEM SECURITY You may not tamper with other accounts, commit unauthorized intrusion into any part of the Electrol Connect System or use the Electrol Connect System to intrude into any other system. You may not use Electrol’s services for any third party purpose without the express written permission of Electrol. Acts of interference, including but not limited to, password cracking, defrauding others into releasing their passwords, denial-of-service attacks (sending packets with an illegal packet size, UDP flooding, ping-flooding, half-open TCP connection flooding, etc.) are prohibited. You agree to maintain your password to access the Electrol Connect System confidential, not to share it with others and you shall not permit others to use the Electrol Connect System through your password. You shall contact Electrol promptly if you suspect that the security of your password may have been compromised. LINKS TO THIRD PARTY SITES The Electrol Website may contain links to other web sites ("Linked Sites"). The Linked Sites are not under Electrols’ control and Electrol is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Electrol is not responsible for webcasting or any other form of transmission received from any Linked Site. Electrol provides such links to you only as a convenience, and the inclusion of any link does not imply endorsement by Electrolof the Linked Site or any association with its operators. USE OF SYSTEM Information obtained via the Electrol Connect System is for your internal use only and may not be further disseminated, published or otherwise disclosed without Electrol’s prior written consent. As a condition of your use of the Electrol Connect System, you represent, warrant and covenant to Electrol that you will not use the Electrol Connect System for any purpose that is unlawful or prohibited by these Terms and that your use of the Electrol Connect System shall not be for purposes of copying Electrol’s business model, system designs or content. You may not use the Electrol Connect System in any manner that could damage, disable, overburden, or impair the web site or interfere with any other party's use and enjoyment of the Electrol Connect System. You may not obtain or attempt to obtain any materials or information from the Electrol Connect System through any means not expressly authorized by Electrol. Specifically, but without limitation, you may not attempt to access the Electrol system indirectly through any unauthorized third party website, software or service. Electrol may terminate your access to any or all of the Electrol Connect System at any time without notice for any reason whatsoever. LIABILITY DISCLAIMER USE OF ANY INFORMATION OBTAINED OR SERVICES PROVIDED VIA THE ELECTROL CONNECT SYSTEM IS AT YOUR OWN RISK. THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE ELECTROL CONNECT SYSTEM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELECTROL AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE CHANGES IN THE ELECTROL CONNECT SYSTEM AT ANY TIME. INFORMATION RECEIVED VIA THE ELECTROL CONNECT SYSTEM SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL, FINANCIAL OR OTHER DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. ELECTROL AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS AND SERVICES CONTAINED ON THE ELECTROL CONNECT SYSTEM AND ELECTROL SUPPLY WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ELECTROL AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, PRODUCTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO INFORMATION GIVEN BY ELECTROL, ITS EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL ELECTROL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ELECTROL CONNECT SYSTEM OR ELECTROL WEBSITE, WITH THE DELAY OR INABILITY TO USE THE ELECTROL CONNECT SYSTEM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELECTRL OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ELECTROL CONNECT SYSTEM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ELECTROL CONNECT SYSTEM. GENERAL You agree to defend, hold harmless, and expeditiously indemnify Electrol from any and all liability, claim, loss, damage or expense arising out of your breach or violation of any covenant contained in these Terms, or resulting from your use of the Electrol Connect System. You agree to hold Electrol harmless from any claims relating to any action taken by Electrol as part of an investigation into a suspected violation of these Terms or as a result of its conclusion that a violation of these Terms has occurred. These Terms are governed by the laws of the Province of British Columbia Canada. You hereby consent to personal jurisdiction and venue in the courts located in British Columbia Canada in all disputes arising out of or relating to the use of the Electrol Connect System. Use of the Electrol Connect System is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Electrol as a result of your agreement with these Terms or use of the Electrol Connect System. If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the Terms as revised shall continue in effect. Unless otherwise specified herein, these Terms constitute the entire agreement between you and Electrol with respect to the Electrol Connect System and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Electrol with respect to the Electrol Connect System. A printed version of these Terms and of any notice given in electronic form shall be admissible 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. ENFORCEMENT When Electrol becomes aware of an alleged violation of these Terms, Electrol will initiate an investigation. During the investigation, Electrol shall have the right to restrict your access to the Electrol Connect System in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Electrol may, at its sole discretion, immediately restrict, suspend, or terminate your account and/or pursue other civil remedies. If such violation is a criminal offense, Electrol will notify the appropriate law enforcement agency of such violation. COPYRIGHT NOTICES AND INFRINGEMENT CLAIMS PROCEDURES All contents of the Electrol Connect System and Electrol Website are: (c) Copyright 2004 Electrol and/or its suppliers. All rights reserved. |
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