Terms and Conditions of Use
Terms and conditions for use for world wide web sites owned, operated or controlled by The EnerLume Corporation or any of its Affiliates.
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in any Site owned, operated or controlled by The EnerLume Corporation or any of its Affiliates, including this Site, ("EnerLume|EM® Website") you agree to the terms and conditions set forth here. If you do not agree, you should not use EnerLume|EM® Website. Please send us an email with your comments on why you disagree with the EnerLume|EM® website to webmaster@enerlume.com. If you are currently a party to a separate, written agreement with EnerLume Corporation or any of its Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement.
ELECTRONIC COMMUNICATIONS
When you visit an EnerLume|EM® Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on EnerLume|EM® Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT
All content included on EnerLume|EM® Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the EnerLume Corporation, its Affiliates, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on EnerLume|EM® Website is the exclusive property of the EnerLume Corporation (or the Affiliate identified in any copyright notice on the site) and is protected by United States and international copyright and trademark laws.
USE
Viewing an EnerLume|EM® Website Site creates a copy of the EnerLume Corporation materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the EnerLume Corporation Site. The materials published on EnerLume|EM® Website may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of EnerLume Corporation or its appropriate Affiliate.
TRADEMARKS
The trademarks, service marks and logos (the 'Trademarks') used and displayed on EnerLume|EM® Website are registered and unregistered Trademarks of EnerLume Energy Management Corp, and its Subsidiaries. Nothing on any of EnerLume Corporation Sites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner. EnerLume Corporation, EnerLume|EM of the registered and unregistered trademarks owned by EnerLume Corporation. EnerLume Corporation Trademarks may not be used in connection with any product or service that is not manufactured by or under license from EnerLume Corporation or its appropriate Affiliate.
LINKS
The EnerLume|EM® Website may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of EnerLume Corporation and its Affiliates. EnerLume Corporation provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. EnerLume Corporation reserves the right to remove these links at any time and without notice.
Other parties may provide links to EnerLume|EM® Website. EnerLume Corporation requires third parties to obtain EnerLume Corporation's consent prior to linking to EnerLume|EM® Website. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on EnerLume|EM® Website or disparage or are otherwise detrimental to EnerLume Corporation. EnerLume Corporation assumes no responsibility for the content of sites that include links to EnerLume|EM® Website, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on EnerLume|EM® Website without the express written permission of EnerLume Corporation.
DISCLAIMER
THE MATERIAL IN EnerLume|EM® Website MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. EnerLume Corporation MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. EnerLume Corporation DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. EnerLume Corporation DOES NOT WARRANT THE AVAILABILITY OF EnerLume|EM® Website, THAT EnerLume|EM® Website AND YOUR USE OF EnerLume|EM® Website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT EnerLume|EM® Website OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. EnerLume Corporation DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF EnerLume|EM® Website AND/OR THE MATERIALS IN EnerLume|EM® Website IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT EnerLume Corporation) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting an EnerLume Corporation Site, you agree that the laws of the State of Connecticut, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and EnerLume Corporation.
DISPUTES
Any dispute between you and EnerLume Corporation concerning a EnerLume Corporation Site or the materials located at an EnerLume Corporation site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that EnerLume Corporation may commence action against you in a court of law for infringement of EnerLume Corporation's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Hartford, Connecticut. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.
MODIFICATION TO TERMS AND CONDITIONS
EnerLume Corporation can revise the Terms and Conditions at any time by modifying or updating this posting. Your use of an EnerLume Corporation Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.
SEVERABILITY
If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.
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