Terms of Use
1. Acceptance of terms of use and amendments
Each time you use or cause access to Electronic Cooling Solutions,
Inc.(ECS) web site, you agree to be bound by these terms of use, as
amended from time to time with or without notice to you. In addition,
if you are using a particular service hosted on or accessed via ECS web
site, you will be subject to any rules or guidelines applicable to the
said services, and they will be incorporated by reference within these
terms of use. Please refer to ECS site's privacy policy, which is
incorporated within these terms of use by reference.
2. The site editor's service
ECS web site and services provided to you on and through ECS web site
are provided on an "AS IS" basis. You agree that the site editor
exclusively reserves the right to modify or discontinue provision of
ECS web site and its services, and to delete the data you provide,
either temporarily or permanently. The site editor shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. Your responsibilities and registration obligations
In order to use ECS web site or certain parts of it, you may be
required to register a user account on ECS web site; in this case, you
agree to provide truthful information when requested, and undertake
that you are aged at least the eighteen (18) or more. By registering,
you explicitly agree to this site's terms of use, including any
amendments made by the site editor from time to time and available here.
4. Privacy policy
Registration data and other personally-identifiable information that
may be collected on this site is subject to the terms of the site's
privacy policy.
5. Registration and password
You
are responsible for maintaining the confidentiality of your password,
and shall be responsible for all usage of your user account and/or user
name, whether authorized or unauthorized by you. You agree to
immediately notify the site editor of any unauthorized use or your user
account, user name or password.
6. Your conduct
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("content"), made available publicly or privately, shall be
under the sole responsibility of the person providing the content or
the person whose user account is used. The site editor shall not be
responsible to you in any way for the content that appears on ECS web
site, nor for any error or omission.
By using ECS web site or any service provided, you explicitly agree that you shall not:
(a) provide any content or conduct yourself in any way that may be
construed as: unlawful; illegal; threatening; harmful; abusive;
harassing; stalking; tortuous; defamatory; libelous; vulgar; obscene;
offensive; objectionable; pornographic; designed to interfere or
interrupt this web site or any service provided, infected with a virus
or other destructive or deleterious programming routine; giving rise to
civil or criminal liability; or in violation of an applicable local,
national or international law;
(b) impersonate or misrepresent your association with any person or
entity; forge or otherwise seek to conceal or misrepresent the origin
of any content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use ECS web site for the provision of any content or
service in any commercial manner, or in any manner that would involve
junk mail, spam, chain letters, pyramid schemes, or any other form of
unauthorized advertising, without the site editor's prior written
consent;
(e) provide any content that may give rise to civil or criminal
liability of the site editor, or that may constitute or be considered a
violation of any local, national or international law, including -- but
not limited to -- laws relating to copyright, trademark, patent, or
trade secrets.
7. Submission of content on ECS web site
By providing any content to ECS web site:
(a) you agree to grant the site editor a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral rights
or other necessary rights.) to use, display, reproduce, modify, adapt,
publish, distribute, perform, promote, archive, translate, and to
create derivative works and compilations, in whole or in part. Such
license will apply with respect to any form, media, technology already
known or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us the license specified in this
section 7;
(c) you acknowledge and agree that the site editor shall have the right
(but not obligation), at the site editor's entire discretion, to refuse
to publish, or to remove, or to block access to any content you
provide, at any time and for any reason, with or without notice.
8. Third-party services
Goods and services of third parties may be advertised and/or made
available on or through ECS. web site. Representations made regarding
products and services provided by third parties are governed by the
policies and representations made by these third parties. The site
editor shall not be liable for or responsible in any manner for any of
your dealings or interaction with third parties.
9. Indemnification
You agree to indemnify and hold harmless the site editor and the site
editor's subsidiaries, affiliates, related parties, officers,
directors, employees, agents, independent contractors, advertisers,
partners, and co-branders, from any claim or demand, including
reasonable attorney's fees, that may be made by any third party, due to
or arising out of your conduct or connection with ECS web site or
service, your provision of content, your violation of these terms of
use, or any other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF ECS WEB SITE AND ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND THE SITE EDITOR
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR
EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
THE SITE EDITOR MAKES NO WARRANTY, IMPLIED OR EXPRESS,
THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE,
VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR
IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE
IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER THE
SITE EDITOR NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL
ADVICE OF ANY KIND AND THAT USE OF ANY ADVICE OR ANY OTHER INFORMATION
OBTAINED VIA THIS WEB SITE IS SOLELY AT YOUR OWN RISK, AND THAT THE
SITE EDITOR MAY NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied
warranties, and certain statements in the above disclaimer may not
apply to you as regards implied warranties; the other terms and
conditions remain enforceable notwithstanding.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE EDTIOR SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF
THE SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE
THE SERVICE, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR
SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE
SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA
TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY
THIRD PARTY USING THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE
SERVICE.
In some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
12. Reservation of rights
The site editor reserves all of the site editor's rights, including but
not limited to any and all copyrights, trademarks, patents, trade
secrets, and any other proprietary right that the site editor may have
for this web site, its content, and the goods and services that may be
provided. The use of the site editor's rights. and property requires
the site editor's prior written consent. By making services available
to you, the site editor is not providing you with any implied or
express licenses or rights, and you will have no rights. to make any
commercial uses of this web site or service without the site editor's
prior written consent.
13. Notification of copyright infringement
If you believe that your property has been used in any way that would
be considered a copyright infringement or a violation of your
intellectual property rights, the site editor's copyright agent may be
contacted at the following address:
2915 Copper Road
Santa Clara, CA 95051
Click here to contact the webmaster
14. Applicable law
You
agree that these terms of use and any dispute arising out of your use
of ECS web site or the site editor's products or services shall be
governed by and construed in accordance with local laws in force where
the headquarters of the owner of ECS web site is located, without
regard to its conflict of law provisions. By registering or using ECS
web site and service, you consent and submit to the exclusive
jurisdiction and venue of the location of the headquarters of the owner
of ECS web site.
15. Miscellaneous information
In the event that these terms of use conflict with any law under which
any provision may be held invalid by a court with jurisdiction over the
parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the
remainder of these terms of use will remain valid and intact; (ii) The
failure of either party to assert any right under these terms of use
shall not be considered a waiver of that party's right, and that right
will remain in full force and effect; (iii) You agree that, without
regard to any statute or contrary law, that any claim or cause arising
out of ECS web site or its services must be filed within one (1) year
after such claim or cause arose, or else the claim shall be forever
barred; (iv) The site editor may assign the site editor;s rights and
obligations under these terms of use; in this case, the site editor
shall be relieved of any further obligation |
