By using the website, you agree to comply with these terms and applicable laws and regulations in connection with your use of the website.
BY USING THE WEBSITE, YOU AGREE TO COMPLY WITH THESE TERMS AND APPLICABLE LAWS AND REGULATIONS IN CONNECTION WITH YOUR USE OF THE 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.
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:
EDCOR’s designated DMCA Agent can be contacted as follows:
EDCOR Electronics Corporation
7130 National Parks Highway
Carlsbad, NM 88220
By E-mail: email@example.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.
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 November 1st, 2011.