| |
Acceptance of Terms through Use
By using this site, you signify your agreement to
all terms, conditions, and notices contained or referenced herein (the "Terms
of Use"). If you do not agree to these Terms of Use please do not use this
site. We reserve the right, at our discretion, to update or revise these Terms
of Use. Please check the Terms periodically for changes. Your continued use of
this site following the posting of any changes in the Terms of Use constitutes
acceptance of those changes.
Third Party Sites
This site may in some way link to other sites for user convenience. These sites
are not under the control of Electrical South, and you acknowledge that
Electrical South Inc. is not responsible for the accuracy, copyright
compliance, legality, decency, or any other aspect of the content of these
sites. The inclusion of such a link does not necessarily imply endorsement of
the site by Electrical South Inc. or any association with its operators unless
explicitly stated in the Electrical South Inc. site.
Proprietary Rights
You acknowledge and agree that all
content and materials available on this site are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary rights
and laws. Except as expressly authorized by Electrical South Inc., you agree
not to sell, license, rent, modify, distribute, copy, reproduce, transmit,
publicly display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Systematic retrieval of data or other
content from this site to create or compile, directly or indirectly, a
collection, compilation, database or directory without written permission from
Electrical South Inc. is prohibited. In addition, use of the content or
materials for any purpose not expressly permitted in these Terms of Use is
prohibited.
Disclaimer of Warranties
All materials, information, software, products, and services included in or
available through this site (The "Content") are provided "as is" and "as
available" for your use. The content is provided without warranties of any
kind, either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, or
noninfringement. Electrical South Inc. and its licensors do not warrant that
all information is accurate, reliable or correct; that this site will be
available at any particular time or location; or that the content is free of
viruses or other harmful components. Your use of this site is solely at your
risk. Because some jurisdictions do not permit the exclusion of certain
warranties, these exclusions may not apply to you.
Indemnification
Upon a request by Electrical South Inc., you agree to defend, indemnify,
and hold harmless Electrical South Inc. or 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. Electrical South Inc. reserves the right, at it's 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
Electrical South Inc. in asserting any available defenses.
Location of Dispute Resolution
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of North Carolina, (without regard to conflict of law
principles). You expressly agree that the exclusive jurisdiction for any claim
or action arising out of or relating to these Terms of Use or your use of this
site shall be filed only in the state or federal courts located in the State of
North Carolina, and you further expressly agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such
claim or action.
Remedies
Electrical South Inc. and its affiliates, licensors, distributors or supplier
are not liable for any indirect, special, incidental, or consequential damages
(including damages for loss of business, loss of profits, litigation, or the
like), whether based on breach of contract, breach of warranty, tort (including
negligence), product liability or otherwise even if advised of the possibility
of such damages,arising out of or relating to use of this site. The limitations
of damages set forth above are fundamental elements of the basis of the bargain
between Electrical South Inc. and the customer. The goods and services provided
from this site would not be provided without such limitations. Some state
statutes may apply regarding limitations of liability.
Limitation of Liability
The sole and entire maximum liability of Electrical South Inc. and any of the
providers of products or services, for any reason, and the customer's sole and
exclusive remedy for any cause whatsoever, shall be limited to the amount paid
by the customer for the product or service purchased.
Payment for Goods and Payment of Applicable Taxes
For online internet transactions the customer represents and warrants that (i)
the credit card information supplied is true, correct and complete, (ii)
charges incurred by the customer will be honored by the customer's credit card
company, and (iii) the user shall pay charges incurred by the customer at the
rates in effect at the time incurred, including all applicable taxes. The
customer shall be responsible for all charges incurred through use of the
customer's password. The customer agrees to keep his or her password
confidential and to notify Electrical South Inc. within 24 hours of any breach
of this Agreement or unauthorized use of the password. Electrical South Inc.
does not protect the customer from unauthorized use of the customer's password.
Severability and Integration
Unless otherwise specified herein, this agreement constitutes the entire
agreement between you and Electrical South with respect to this site and
supersedes all prior or contemporaneous communications and proposals (whether
oral, written, or electronic) between you and Electrical South with respect to
this site. If any part of these Terms of Use is held invalid or unenforceable,
that portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
Termination
Electrical South Inc. reserves the right, in its sole discretion, to terminate
your access to all or part of this site, with or without notice.
|
|
