Terms & Conditions

 

These Website Terms and Conditions (these “Terms”) are entered into by and between you and Electrosonic, Inc., a Minnesota corporation (“Electrosonic” “we” or “us”). Your use of the website www.electrosoniclamps.com (the “Website”) is subject to and governed by these Terms, which incorporate the separately posted Privacy Policy (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 Electrosonic, 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 and the Privacy Policy so that you understand our policies. If you do not agree with these Terms or the Privacy Policy, please do not use this Website.

Electrosonic 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 and/or purchases made on 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.

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.

Website Disclaimers

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.

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, trade dress, copyright and/or other intellectual property rights or licenses held by Electrosonic, 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 Electrosonic 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.

The Electrosonic 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 Electrosonic and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

Indemnity
You agree to indemnify and hold harmless Electrosonic, and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees, resulting from the infringement by you of any intellectual property or other rights of another, your breach of these Terms, from your placement or transmission of any content onto Electrosonic’s servers, and from any and all use of your account.

Third Party Websites; External Links to the Website

As a convenience to you, Electrosonic 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. Electrosonic 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 Electrosonic 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 Electrosonic or any of its affiliates or subsidiaries.

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. If you use the Website, you are responsible for maintaining the confidentiality of your account and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account. 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 Electrosonic 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 Electrosonic, including promotions and/or advertising of products or services.

Limitation of Liability

UNLESS OTHERWISE SPECIFICALLY AGREED TO BY ELECTROSONIC IN WRITING, ELECTROSONIC’S TOTAL LIABILITY TO A CUSTOMER AND ALL LIABILITIES ARISING OUT OF OR RELATING TO ORDERS PLACED OR SALES MADE FROM THIS WEBSITE FROM ANY CAUSE OR CAUSES ASSERTED BY CUSTOMER, AND REGARDLESS OF THE LEGAL THEORY ASSERTED, INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR STATUTORY OR REGULATORY LIABILITY, SHALL NOT, IN THE AGGREGATE, EXCEED FIFTY PERCENT (50%) OF THE AMOUNT ACTUALLY PAID TO ELECTROSONIC FOR PRODUCTS PURCHASED FROM THIS WEBSITE.

IN NO EVENT SHALL ANY PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR ECONOMIC DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS AND LOST BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO PRODUCTS PURCHASED FROM THIS WEBSITE REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.

Any claim relating to lamps purchased from Electrosonic by use of this Website must be made in writing and presented to Electrosonic within one (1) year after the date of purchase.

Governing Law

These Terms shall be governed by the laws of the State of California 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 California and of the United States of America located in the State of California 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.