Website Terms and Conditions
By using the website, you agree to comply with these terms and applicable laws ad requlations in connection with your use of the website.
These Website Terms and Conditions (these “Terms”) are
entered into by and between you and EDCOR Electronics Corporation, a New Mexico
corporation (“EDCOR,” “we” or “us”). Your use of the website
www.edcorusa.com (the “Website”)
are governed by these Terms, which incorporate the separately posted Privacy Policy
(as amended) and Terms and Conditions of Purchase(as amended), as well as any
modifications to these Terms issued by us, and all applicable laws and regulations
other than as specifically provided in any separate formal agreement between you and us.
These Terms may NOT be altered, supplemented, or amended by you through the use of any other
document(s). Any attempt to alter, supplement, or amend these Terms, unless
otherwise agreed to in a written agreement signed by both you and EDCOR, is prohibited.
BY USING THE WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS
AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE
WEBSITE.
Please read these Terms, the
Terms and Conditions of Purchase,
and the Privacy Policy;so that you
understand our policies. If you do not agree with these Terms, the
Terms and Conditions of Purchase,
or the Privacy Policy, please do
not use this Website.
EDCOR shall have the legal right at any time, without prior
notice, and at our sole discretion, to revise these Terms or impose new terms
and conditions with respect to access to or use of the Website. Such revisions
and additions shall be effective immediately upon notice thereof, which may be
given by any means, including but not limited to posting the revised or
additional terms and conditions on the Website. You should check these Terms
periodically for any modifications or revisions. Continued use of the Website
after we post changes to these Terms constitutes your acceptance of the
changes.
Intended for Users Over 13
The Website is intended for use by individuals 13 years of
age or older. The Website is not directed for use by children under the age of
13. Users under the age of 13 should get the assistance of a parent or guardian
to use this Website.
Termination of Use
We may occasionally find it necessary to restrict the rights
of some or all users to access the Website, either temporarily or
indefinitely. We reserve the right to limit or revoke your access to the
Website in our sole discretion, at any time, and for any reason, including, but
not limited to tampering with the Website; misrepresenting your identity or
otherwise conducting fraudulent activity on the Website; any violation of these
Terms; or in the event of Website corruption or other technical
difficulties. In the unlikely event that we must limit your access to the
Website, we assume no responsibility or liability for any losses, damages or
other consequences of any kind resulting from your inability to access the
Website.
Disclaimers and Limitation of Liability
THE MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND
WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON
INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING, OR IN
ELECTRONIC FORM. WE DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE
WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR
OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE
TRANSMITTED THROUGH THE WEBSITE. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD
PARTIES FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ALLEGEDLY SUSTAINED ARISING OUT OF YOUR ACCESS TO OR INABILITY TO ACCESS THE
WEBSITE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED THROUGH THE
WEBSITE, YOUR USE OF OR RELIANCE UPON THE WEBSITE OR ANY OF THE INFORMATION OR
MATERIALS AVAILABLE ON THE WEBSITE, REGARDLESS OF THE TYPE OF CLAIM OR THE
NATURE OF THE CAUSE OF ACTION.
YOU ACKNOWLEDGE THAT IN CONNECTION WITH YOUR USE OF THE
WEBSITE, INFORMATION WILL BE TRANSMITTED OVER NETWORKS, ROUTERS, SERVERS AND
OTHER DEVICES OWNED, MAINTAINED OR SERVICED BY THIRD PARTIES OVER WHICH WE HAVE
NO CONTROL. ACCORDINGLY, WE WILL NOT BE LIABLE FOR OR RELATING TO THE
DELAY, FAILURE, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION
TRANSMITTED IN CONNECTION WITH USE OF THE WEBSITE.
Proprietary Rights
All content included on or comprising the Website, including
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds and other material (collectively, “Content”) is protected by and
subject to trademark, service mark, copyright and/or other intellectual
property rights or licenses held by EDCOR, one of its affiliates, or by third
parties, and these rights are valid and protected in all forms, media and
technologies existing now or developed in the future. All Content is protected
as a collective work under U.S. and international copyright laws, and EDCOR
owns, to the fullest extent allowed by such laws, the copyright in the
selection, coordination, arrangement, and enhancement of all Content.
You may not use material displayed on the Website for any
commercial purposes without the written permission of one of our authorized
representatives. Except as expressly authorized or licensed, you may not
copy, modify, remove, delete, augment, add to, publish, transmit, participate
in the transfer or sale, lease or rental of, create derivative works from or in
any way exploit any of the Content, in whole or in part.
EDCOR logos and other trademarks on the Website are the
property of their respective owners and are owned by, licensed to, or, where
required, used with permission by EDCOR and may not be reproduced, copied, or
manipulated in any manner without the express, written approval of the
trademark owner.
Notification of Copyright Infringement the Digital Millennium Copyright Act
It is our policy to respond to and investigate notices of
alleged copyright infringement by third parties and take appropriate action under
the Digital Millennium Copyright Act, Title 17, United States Code, Section
512(c)(2) (the “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright
infringement by third parties should be sent to our DMCA Agent. If you believe
that your copyrighted work has been infringed under U.S. copyright law and is
accessible on this Website, please notify us by contacting our DMCA Agent at
the contact information below. Effective notifications under the DMCA
must be in writing and include the following information:
-
A physical or electronic signature of a person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed;
-
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
-
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit EDCOR to locate the material;
-
Information reasonably sufficient to permit EDCOR to contact the complaining party,
such as an address, telephone number, and, if available, an e-mail address at which
the complaining party may be contacted;
-
A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the
law; and
-
A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
EDCOR’s designated DMCA Agent can be contacted as follows:
By Mail:
DMCA Agent
EDCOR Electronics Corporation
7130 National Parks Highway
Carlsbad, NM 88220
By E-mail: sales@edcorusa.com
By Fax: 575-887-6880
By Phone: 575-887-6790
Third Party Websites; External Links to the Website
As a convenience to you, EDCOR may provide links on the
Website to websites operated by other entities. If you use these sites, you
will leave the Website. If you decide to visit any linked site, you do so at
your own risk and it is your responsibility to take all protective measures to
guard against viruses or other destructive elements. EDCOR makes no warranty or
representation regarding, and does not endorse, any linked websites or the
information appearing thereon or any of the products or services described
thereon. Links do not imply that EDCOR or the Website sponsor(s), endorses, is
affiliated or associated with, or is legally authorized to use any trademark,
trade name, logo or copyright symbol displayed in or accessible through the
links, or that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol of EDCOR or any of its affiliates or subsidiaries. All
links to the Website must be approved in writing by EDCOR.
Security
The Website may only be used for lawful purposes. Activities
including, but not limited to, tampering with the Website, misrepresenting the
identity of a user, using buying agents or conducting fraudulent activities on
the Website are prohibited. You agree not to use any device, software or
routine or data to interfere or attempt to interfere with the proper working of
the Website or any activity being conducted on the Website.
You are prohibited from violating or attempting to violate
the security of the Website, including, without limitation, (a) accessing data
not intended for you or logging onto a server or an account which you are not
authorized to access; (b) using the Website for unintended purposes or trying
to change the behavior of the Website; (c) attempting to probe, scan or test
the vulnerability of a system or network or breach security or authentication
measures without proper authorization; (d) attempting to interfere with service
to any user, host or network, including without limitation via means of submitting
a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(e) forging any TCP/IP packet header or any part of the header information in any e-mail
or newsgroup posting; (f) forging communications on behalf of the Website (impersonating the
Website) or to the Website (impersonating a legitimate user); (g) accessing,
navigating or searching the Website through the use of any automated or
electronic devices, including but not limited to browsers, spiders, robots,
avatars or intelligent agents, or any other similar technology either now know
or hereafter developed, other than search agents provided by EDCOR or generally
publicly available Internet browsers; (h) soliciting, facilitating, encouraging
or agreeing to provide access to or otherwise remarket or redistribute, or take
affirmative steps to allow or permit such access to, or remarketing or
redistribution of, any Website content or data to any third party, through any
process, including but not limited to screen scraping, spiders, web
"bots" or other device, technology, software or system now known or
hereafter discovered; or (i) sending unsolicited and
unauthorized e-mail on behalf of EDCOR, including promotions and/or advertising
of products or services.
Governing Law and Arbitration
These Terms shall be governed by the laws of the State of New
Mexico law without regard to its conflicts of law provisions. You hereby
irrevocably and unconditionally consent to the sole and exclusive jurisdiction
of the courts of the State of New Mexico and of the United States of America
located in the State of New Mexico for any litigation arising out of or
relating to the Website or these Terms, waive any objection to the laying of
venue of any such litigation in such court, and agree not to plead or claim in
any such court that such litigation has been brought in any inconvenient
forum. All claims and controversies arising from or relating to these
Terms shall be conclusively resolved by arbitration in accordance with the Commercial
Arbitration Rules of the American Arbitration Association, and any judgment
upon any award rendered by the arbitrators may be entered in any court having
jurisdiction. All questions as to the meaning of these Terms or as to the
arbitrability of any dispute under these Terms shall
be resolved by the arbitrators and their decision shall be final and binding
and not subject to judicial review. All arbitration proceedings shall be
conducted in Eddy County, New Mexico. Costs of such arbitration
proceedings shall be evenly split between EDCOR on the one hand, and the party
or parties adverse to EDCOR on the other hand.
Effective as of February 2th, 2009.