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THIS WEB SITE IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE
WITHOUT MODIFICATION OF THE TERMS AND CONDITIONS CONTAINED
HEREIN (COLLECTIVELY, THE “TERMS”). YOUR USE
OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL SUCH
TERMS OF SERVICE.
By virtue of using or registering to use this Website
(hereinafter "Site"), you become a Website
user (hereinafter "User"). As a User, you
will be granted access to the Site and may also be provided
with links to other websites. In addition to the terms
and conditions of this Agreement, you may be asked to
agree to added terms and conditions when using different
parts of the Site (All of the terms and conditions of
this Agreement, along with such additional terms and
conditions, are included in the definition of "Terms").
As a condition of your use of the Site, you warrant
to ELECTROTANK, Inc. (ELECTROTANK) that you will not
use the Site for any purpose that is unlawful or prohibited
by the Terms. ELECTROTANK reserves the right to alter,
change, modify, add, or delete any of the Terms, in
whole or in part, at any time and at its discretion.
Please make sure you review the Terms periodically for
such changes. The subsequent use of the Site after such
Terms are posted on the Site will mean that you accept
such new Terms. ELECTROTANK may discontinue or alter
any aspect of this Site, including, but not limited
to:
(i) Restricting the time of availability;
(ii) Restricting the availability and/or scope of the
Site for certain users;
(iii) Restricting the amount of use permitted;
(iv) Restricting or terminating any user's right to
use the Site.
The forgoing shall be in ELECTROTANK's sole discretion
and without prior notice or liability.
The Terms contained herein shall be considered a legally
binding agreement between you and ELECTROTANK. This
Site is only available to individuals and to companies
who are willing to accept the Terms. Without limiting
the foregoing, the Site is not available for use by
minors. If you do not qualify, please do not use the
Site. By use of the Site you represent that you accept
the Terms and intend to be personally bound by them,
or that you have been authorized to accept these Terms
on behalf of your company or another. If you are not
authorized to use the Site or do not intend to be personally
bound to the Terms, then you should not use the Site.
If you accept the Terms on behalf of an entity on whose
behalf you are authorized to act, you may use the Site
only on behalf of such entity. Additionally, if you
intend only to be personally bound, use of the Site
is limited to your personal use.
Without limitation, any speculative, false or fraudulent
requests or responses to such requests are prohibited.
ELECTROTANK may refuse use of this Site to anyone at
any time or remove any User from the Site at any time,
in its sole discretion. You acknowledge that, other
than original government works and other public domain
materials, this web site contains information, graphics
and other material (collectively, “Content”)
that are protected by copyrights, trademarks, trade
secrets or other proprietary rights, and that these
rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under
the U.S. copyright laws, and ELECTROTANK owns a copyright
in the selection, coordination, arrangement and enhancement
of such Content.
The Site may be used only for lawful purposes. ELECTROTANK
specifically prohibits any use of the Site for unlawful
purposes, and User agrees not to use the Site for any
unlawful purposes, or for posting any incomplete, false
or inaccurate nformation, or any obscene, indecent or
offensive language or to place on the Site any material
that is false, defamatory, abusive, harassing or hateful.
You may not:
(a) Modify, translate, reproduce or produce a source
listing, decompile, disassemble, or reverse engineer
the Site or any portion thereof;
(b) Create derivative versions of any part of the Site;
(c) Lease, convey, transfer or grant any rights in the
Site in any form;
(d) Use the Site for any purpose that ELECTROTANK deems
to be inappropriate.
You may not use any device, software or routine to interfere
or attempt to interfere, or which has the effect of
interfering with the proper working of the Site. ELECTROTANK
and the ELECTROTANK logo are trademarks of ELECTROTANK.
Except as set forth in this Agreement, reproduction,
redistribution or retransmission of any information
in the service without the written permission of ELECTROTANK
is strictly prohibited. You agree not to use or permit
anyone to use the information provided through the Site
for any unlawful or unauthorized purpose, or in any
other manner not permitted in the Terms.
The Site may contain links to other Websites operated
by parties other than ELECTROTANK ("Third-Party
Sites"). ELECTROTANK's links to such other sites
does not imply any endorsement of the products, services
or material on such Third-Party Sites or any association
with their sponsors or operators. ELECTROTANK expressly
disclaims any responsibility for all content, services
or products available through such Third-Party Sites.
Linking to any other site from this Site is at your
own risk.
When using the Site, you may be able to post materials
for other users to view or links to other sites. Only
public domain files and files in which the author has
given express consent for online distribution may be
made public. You acknowledge and agree that you are
solely responsible for the content and accuracy of any
information placed by you on the Site or through links.
You represent and warrant that such content and information
shall not:
(i) Advertise, offer or describe goods or Sites prohibited
by ELECTROTANK;
(ii) Be fraudulent;
(iii) Infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights
or rights of publicity or privacy;
(iv) Violate any law, statute, ordinance or regulation
(including, without limitation, those governing export
control, consumer protection, unfair competition, anti-discrimination
or false advertising);
(v) Be libelous, abusive, threatening or harassing;
offensive, obscene or sexually explicit;
(vi) Detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information.
Except as otherwise provided, items on this site are
copyrighted by ELECTROTANK, Inc. with all rights reserved.
All other products are trademarks of their respective
holders. The information contained in the Site does
not constitute legal advice, and ELECTROTANK claims
no responsibility for the accuracy, content selection
or omission or availability of information accessed
through use of its service. No information provided
on this site should be used as a substitute for the
advice of competent counsel. The Site contains proprietary
materials such as emblems, logos, text, software, photos,
video, and graphics. As between you and ELECTROTANK,
ELECTROTANK is the owner or licensee of all such proprietary
material and all intellectual property rights therein,
including without limitation, patents, copyrights and
trademarks.
In using the Site, you agree not to copy, upload,
download, distribute, or reproduce in any way any such
proprietary materials without obtaining ELECTROTANK's
prior written consent. ELECTROTANK controls and operates
the Site from its offices in the United States of America
and makes no representation that the content or templates
are appropriate for use in other locations. You agree
to comply with all U.S. and other export laws. If you
are using the Site from other locations, you are responsible
for complying with any applicable local laws, including
but not limited to the export and import regulations
of other countries.
ELECTROTANK hereby grants you a limited license to
make personal use only of the Site. Such grant does
not include, without limitation:
(a) Any resale or commercial use of the Site, its contents
(including, without limitation, ELECTROTANK's proprietary
software or technology) or the Site;
(b) The collection and use of any e-mail or user information
or Listings;
(c) Making derivative uses of the Site or its contents;
(d) Use of any data mining, robots, or similar data
gathering and extraction methods;
This limited right may be revoked at any time.
You may not use ELECTROTANK's logo or other proprietary
graphic or trademark of ELECTROTANK to link to the Web
Site without the express written permission of ELECTROTANK.
You may not copy, download, store, publish, transmit,
transfer, sell or use any part of the Data except:
(a) As permitted by this Agreement
(b) With ELECTROTANK's prior written permission
(c) If not prohibited by this Agreement or as allowed
under the Fair Use provision of the U.S. Copyright Act.
The legal information, resources and forms contained
on the Site may not be stored in an archival or other
searchable database unless permitted by this Agreement
or quoted in your work product. You may not sell, license
or distribute any of the legal information or forms
on the Site in any format to third parties or use the
legal information and forms as a part of or as a basis
for any material offered for sale, license or distribution.
This Agreement, the Terms, the Site and any modifications
thereto may not be assigned or in any way transferred
without the prior written consent of ELECTROTANK. The
terms of this Agreement shall be construed in accordance
with the substantive laws of the State of North Carolina,
United States of America, without giving effect to the
principles of conflict or choice of law of such state.
You hereby consent to the exclusive jurisdiction and
venue of all courts in Wake County, North Carolina,
U.S.A., in all disputes arising out of or relating to
the use of the Site. If any provision of the Terms is
found to be invalid, illegal or unenforceable by any
court having competent jurisdiction, the validity, legality
and enforceability of the remaining provisions will
not in any way be affected or impaired thereby, and
the remaining valid, legal, and enforceable provisions
will be interpreted, to the extent possible, to achieve
the purposes as originally expressed in the invalid,
illegal, or unenforceable provision. No waiver of any
of the Terms shall be deemed a waiver of any other such
Terms set forth herein.
The Terms constitute the entire agreement between
you and ELECTROTANK with respect to the subject matter
covered herein, including use of the Site and any subject
matter therein, and supersede all previous communications,
representations, understandings and agreements, either
oral or written, between us with respect to said subject
matter. This Agreement may not be modified except by
a written agreement. ELECTROTANK reserves the right,
in its sole discretion to immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate
your use of all or any portion of the Site. You expressly
acknowledge and agree that your use of the Site, any
Sites or goods obtained or sites linked to through the
use of the Site, and any data transmitted through the
Site is at your sole risk.
ELECTROTANK does not provide or make any undertaking
or representation with respect to the quality or fitness
of any lawyer or as to the quality or nature of any
of the legal information, referral or forms obtained
through the Site. ELECTROTANK does not warrant that
lawyers identified by you through use of the Site are
licensed or certified to practice in any jurisdiction
or are competent to handle your legal matter; nor does
ELECTROTANK make any warranty as to the results that
may be obtained from use of the Site or its content
or as to the accuracy or reliability of any information
obtained through the use of the Site.
No agency, partnership, joint venture, employer-employee
or franchiser-franchisee relationship is intended or
created between User and ELECTROTANK by these Terms.
Unless otherwise stated, all notices to ELECTROTANK
regarding this Agreement shall be sent to customerservice@electrotank.com.
All notices to you shall be sent to the name and address
submitted at the time of your registration by certified
mail, postage prepaid and return receipt requested.
YOU AGREE THAT USE OF THE WEBSITE AND SERVICES PROVIDED
THROUGH THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK. ELECTROTANK'S
SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED
ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION
WITH THIS WEB SITE. SPECIFICALLY, ELECTROTANK DISCLAIMS
ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:
(a) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY
OR CONTENT SELECTION OR OMISSION OF INFORMATION, PRODUCTS
OR SERVICES;
(b) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES
OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION
OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE
FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH
OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER
ANY OTHER CAUSE OF ACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ELECTROTANK IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER
ELECTROTANK NOR ANY OF ITS PARTNERS, AGENTS OR AFFILIATES
SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE
THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY
ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL
APPLY TO ALL CONTENT OF THE SERVICE. YOU AGREE TO INDEMNIFY
AND HOLD EACH OF ELECTROTANK ITS DIRECTORS AND OFFICERS,
PARTNERS, AGENTS AND AFFILIATES HARMLESS FROM ANY CLAIMS
AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES AND
COURT COSTS, ARISING OUT OF OR RELATED TO ANY VIOLATION
BY YOU, OR ANY PARTNER, AGENT OR AFFILIATE OF YOURS,
OF THIS AGREEMENT INCLUDING THE TERMS. YOU WILL INDEMNIFY
AND HOLD ELECTROTANK AND ITS AFFILIATES, EMPLOYEES,
AGENTS AND REPRESENTATIVES, HARMLESS FOR ANY LOSSES,
COSTS, LIABILITIES AND EXPENSES (INCLUDING REASONABLE
ATTORNEYS' FEES) ARISING OUT OF
(a) ANY USE OF THE SITE, THIRD-PARTY SITES, OR RELATED
GOODS OR SITES;
(b) ANY BREACH OF THE TERMS;
(c) ANY UPLOADING, DOWNLOADING, OR REPRODUCTION OF ANY
CONTENT OR DATA FROM THE SITE, OR ANY THIRD-PARTY SITE;
THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTY
OF ANY KIND AND ELECTROTANK AND ITS LICENSORS AND SUPPLIERS
EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR A PARTICULAR PURPOSE. NEITHER ELECTROTANK NOR ITS
LICENSORS NOR SUPPLIERS WARRANT THAT THE OPERATION OF
THE SITE WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT
BREACHES OF SECURITY. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO
IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY TO THE USER, HOWEVER, IN SUCH JURISDICTIONS
THE LIABILITY IS LIMITED TO THE AMOUNT OF $500.00. IN
NO EVENT WILL ELECTROTANK BE LIABLE TO USER OR ANY PARTY
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT
DAMAGES ARISING OUT OF THE USE, AVAILABILITY OR UNAVAILABILITY
OF THE SITE OR ANY OTHER SITES OR GOODS OBTAINED THROUGH
USE OF ANY OF THE FOREGOING, OR ANY DATA TRANSMITTED
THROUGH THE SITE. USER SHALL COMPLY WITH ALL APPLICABLE
LAWS, STATUTES, ORDINANCES AND REGULATIONS REGARDING
ITS USE OF THE SITE.
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