Terms of Use Agreement

 

PLEASE READ THE FOLLOWING AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.

 

THIS WEBSITE USE AGREEMENT APPLIES TO THE WEBSITE LOCATED AT WWW.EECIUSA.COM.

 

YOUR USE OF THIS WEBSITE CONSTITUTES AGREEMENT TO THE TERMS AND CONDITIONS OF THE WEBSITE USE AGREEMENT SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS WEBSITE.

 

 

 

Website Use Agreement

 

By accessing This Website (including extensions thereof) you are entering into this Website Use Agreement (“Agreement”) with EEC International. (“EECI”), and you agree to be bound by the terms of this Agreement. This Agreement includes the terms and conditions set forth herein, EECI's Privacy Policy (which is available at http://www.eeciusa.com/privacy.html and incorporated herein by reference) and any other terms incorporated by reference herein.

 

If you do not agree to the terms of this Agreement, you must immediately stop use of This Website. If you remain on This Website, you agree to be bound by this Agreement.

 

 

 

Copyright Notice

 

Copyright 2002-2011 EEC International. All rights reserved.

 

 

 

Use of Information

 

Limited permission to copy all documents and related graphics from This Website is granted subject to the following:

 

The materials provided herein are for personal, non-commercial use only.

 

Any copies of documents contained on This Website or portions thereof must include the above copyright notice.

 

You do not copy or print more than one copy of material posted on This Website.

 

Documents published by EECI on This Website may contain other proprietary notices or describe products, services, processes or technologies owned by EECI or third parties. Except as expressly set forth herein, nothing contained herein shall be construed as granting to the user a license under any copyright, trademark, patent or other intellectual property right of EECI or any third party. Except as expressly granted under this Agreement, all rights are reserved by EECI.

 

You may not display This Website in frames or utilize any other techniques to display This Website (or any content on This Website) without the prior express written consent of EECI. You may not use any meta tags or any other “hidden text” utilizing EECI’s name or trademarks without the prior express written consent of EECI. You may not use EECI's domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else (or spoof their identity) when using This Website. You may not link to This Website, without EECI's prior consent, which consent may be withdrawn by EECI at any time, with or without notice, in EECI's sole discretion.

 

 

 

Trademarks

 

The EECI name and logo and all other related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of EECI or its affiliates and may not be used in any manner without the prior written consent of EECI or the EECI affiliate that owns any such mark(s). All other trademarks and service marks are trademarks of their respective owners.

 

 

 

Consent to Monitoring

 

EECI is under no obligation to monitor the information residing on or transmitted to This Website. However, anyone accessing This Website agrees that EECI may monitor the contents of This Website periodically to (1) comply with any applicable laws, regulations or other governmental requests; (2) operate This Website properly or to protect itself and its users. EECI reserves the right to modify, reject or eliminate any information or other material residing on or transmitted to This Website (or the server(s) that host This Website) that it, in its sole discretion, believes is unacceptable or in violation of the terms and conditions of this Agreement. EECI is not responsible for monitoring any content found on Third Party Sites (defined below) that can be accessed from This Website.

 

 

 

Limitation of Liability

 

The user of This Website assumes all responsibility and risk for the use of This Website and the Internet generally. EECI assumes no responsibility for the accuracy, completeness, reliability, or usefulness of any information (or other material), apparatus, or other process contained on, distributed through, or linked downloaded or accessed from This Website.

 

 

 

In no event shall EECI or its affiliates be liable for any special, indirect, or consequential damages or any damages whatsoever (including but not limited to loss of use, data, or profits) arising out of or in connection with (a) the use or performance of This Website or any Third Party Site (defined below), (b) any information, material, apparatus or other process contained on, distributed through, or linked, downloaded or accessed from This Website (including without limitation, those contained on a Third Party Site), (c) any products or services purchased on or through a Third Party Site, or any products or services purchased or obtained as a result of an advertisement or other information or material on or in connection with This Website, or (d) the Internet generally, or otherwise relating to the subject matter of this agreement.

 

 

 

No Warranties

 

Any material on This Website may include technical or other inaccuracies or typographical errors.

 

This Website is made available to you on an "as is" basis, without any warranties of any kind, and without any representations or guarantees.

 

EECI and its affiliates hereby disclaim all warranties, representations, and endorsements, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement.

 

No advice or information given by EECI, its affiliates, or their respective employees shall create any warranty.

 

Without limiting the generality of the foregoing, (a) neither EECI nor its affiliates represents, warrants, or guarantees that This Website or the Internet generally will be uninterrupted or error free or that any information, software or other material accessible from This Website is free of viruses or other harmful components, and (b) neither EECI nor its affiliates makes any representations, warranties, or guarantees regarding (1) the operation or performance of This Website or any Third Party Site, (2) the nature, content, or accuracy (either when posted or as a result of the passage of time) of any information, material, apparatus, or other process contained on, distributed through, or linked, downloaded, or accessed from This Website(including without limitation, those contained on a Third Party Site), (3) any products or services purchased on or through a Third Party Site, or any products or services purchased or obtained as a result of an advertisement or other information or material on or in connection with this website, or (4) the Internet generally.

 

IN THE EVENT OF ANY CONFLICT BETWEEN THIS SECTION (NO WARRANTIES) AND OTHER TERMS OR PROVISIONS OF THIS AGREEMENT, THIS SECTION SHALL GOVERN.

 

 

 

Disclaimer of Endorsement / Linked Sites

 

Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship, or recommendation by EECI.

 

Many of the sites to which you may link from This Website are not owned by EECI (collectively, “Third Party Sites”). Some Third Party Sites may contain the trademarks or “branding” of EECI. (You can tell if you have linked from one site to another site by looking at the URL in the browser window. If the domain of the URL for the page containing the link is different than the domain of the URL for the page to which you have linked, you have linked to a different site.) Please note that any of EECI's trademarks or service marks may be included in the URL of a co-branded or private label site that is owned and operated by a third party. Third Party Sites may include, without limitation, sites on which you may purchase or otherwise acquire products or services. EECI makes no representations whatsoever concerning (a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to This Website, you do so entirely at your own risk.

 

If you are accessing a Third Party Site through a link on This Website, you are advised to read the terms of use and privacy policy of such Third Party Site before you use such Third Party Site.

 

 

 

Changes to This Agreement

 

EECI reserves the right to change any of the terms of this Website Use Agreement (including, without limitation, any terms, policies, or notices incorporated herein by reference) without prior notice. You agree to visit this page (or such other page accessible by clicking on the Terms of Use link in the footer of This Website) periodically to be aware of and review any such changes. Changes to this Agreement will be effective upon posting. By continuing to use This Website after changes are posted, you accept the changes and agree to them.

 

 

 

Access / Failure to Comply

 

EECI has the right to terminate, suspend or restrict your access to This Website, in whole or in part, unilaterally and without notice, in the event you violate any of the terms of this Agreement. In addition, if asked to do so, you agree that you will not attempt to access This Website.

 

EECI also reserves any and all remedies at law or equity in connection with violation of the terms of this Agreement.

 

You agree, at your own expense, to indemnify, defend, and hold EECI (and its subsidiaries, officers, directors, agents, employees service providers and third parties providing content on This Website) harmless from and against any claim or demand, and all losses incurred, arising from or related to (a) your breach of any representation, warranty, covenant or obligation set forth in this Agreement (or any other violation of this Agreement), (b) any information, content or other material transmitted, submitted or provided by you through This Website (including, without limitation, EECI’s exercise of its rights with respect to such information), (c) your use of (or conduct on) any Third Party Site (including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement for products or services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or services that you purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety, and legality of such products or services or the sale thereof), (iv) any reservations you make on or through any Third Party Site, and (v) the conduct of sellers of any products or services that you purchase or otherwise obtain on or through any Third Party Site).

 

 

 

Information and Content Provided by You

 

"User Provided Content” means information, content, and other material that any user of This Website submits or otherwise provides to EECI (including but not limited to feedback, user reviews, data, questions, answers, comments, suggestions, plans, ideas or the like). If any user of This Website submits or otherwise provides EECI with User Provided Content, such User Provided Content will be deemed to be non-confidential, and EECI assumes no obligation to protect such User Provided Content from disclosure (and assumes no obligation to publish such User Provided Content and no other obligation of any kind with respect to such User Provided Content).

 

 

 

Miscellaneous

 

You and EECI agree that the substantive laws of the state of California, without reference to its principles of conflicts of laws, will be applied to govern, construe, and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement.

 

If any portion of this Agreement is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of the Agreement as possible. No waiver of any breach of any agreement or provision of this Agreement, nor any failure to assert any right or privilege contained in this Agreement, shall be deemed a waiver of any preceding or succeeding breach of any agreement or provision.

 

You agree not to assign or otherwise transfer this Agreement in whole or in part; any attempt to do so shall be void.

 

This Agreement (including all policies, notices, and other terms incorporated into this Agreement by reference) constitutes the entire agreement between you and EECI with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. This Agreement may be revised only: (a) by EECI as set forth in the Section of this Agreement entitled “Changes to This Agreement”, or (b) by written agreement signed by EECI's President. Any terms varying from this Agreement in any written, electronic, or other communication from you are void.

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