Adams Elevator Website Terms of Use

 

1. ACCEPTANCE OF TERMS

Welcome to adamselevator.com, a website operated by Adams Elevator Equipment Company (the "Web Site"). You are authorized to use the information and services available at this Web Site only if you agree to these Terms of Use, which constitute a legally binding agreement between you and Adams Elevator Equipment Company ("Adams Elevator," "we" or "us"). Your use of the Web Site constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, and will post the modified Terms of Use on this Web Site. Any modification is effective immediately upon posting. Your continued use of the Web Site following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification.

2. PROPRIETARY WEB SITE

This Web Site is protected by U.S. and international copyright and other intellectual property laws and treaties. It contains copyrighted material, trademarks and other proprietary material belonging to Adams Elevator and our suppliers which may include, but shall not be limited to, text, graphics, images, data, photos, product designs, audio, video and software, both individually and as compiled on this Web Site ("Proprietary Material"). You are hereby granted a non-exclusive license to access, download and/or make copies of the Proprietary Material, but only for your informational purposes in learning about, evaluating or acquiring Adams Elevator products, and provided that if you download or print a copy of any Proprietary Material, you retain all copyright and other proprietary notices thereon. All other rights are reserved to us. Except as provided above, you may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license or in any way exploit the Proprietary Material, in whole or in part, without our advance written consent. Commercial use of any of the Proprietary Material is strictly prohibited. Without limiting the generality of the foregoing, the Adams Elevator trademarks and trade dress (including without limitation, the Adams Elevator name and logo and other packaging, graphics, logos, page headers, scripts and model names of Adams Elevator products) are the exclusive property of Adams Elevator and may not be used without the express written permission of Adams Elevator.

You agree not to use any of the trademarks that appear on this Web Site as metatags on other web sites, and you agree not to display this Web Site in frames, or any of the Proprietary Material via links, without our advance written consent. You agree not to use any manual or automated device or process to gather or extract data from this Web Site or to monitor or fetch pages available at the Web Site. Direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy this Web Site or any products displayed on this Web Site is strictly prohibited.

3. LINKS

This Web Site may contain links to web sites owned and operated by others. We have no control over these third party web sites, are not responsible for their content and make no representations about any information, goods or services available at such third party web sites. Our inclusion of such links is for your information only and does not constitute sponsorship, affiliation or endorsement of the linked web site. Once you link to another web site, you are subject to the terms of use of that web site.

4. E-MAIL

Any communication or material you transmit to this Web Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Adams Elevator for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Web Site for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products using such information. Commercial enterprises seeking to do business with Adams Elevator should not submit unsolicited confidential or proprietary information to this Web Site. We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not use any false or misleading information concerning your identity or otherwise when using this Web Site or any of the services or resources available here. You may not transmit to this Web Site e-mail that includes false or misleading information in the return address or in the subject line.

5. PRIVACY POLICY

For information about our data privacy practices, please read our Privacy Policy. You agree and understand that use of your data will be in accordance with our Privacy Policy.

6. ELIGIBILITY

Use of this Web Site is void where prohibited. You represent that you are of legal age to form a binding contract with us and are not barred from using this Web Site by the laws of the United States or the country in which you reside.

7. REGISTRATION

Some services and resources at this Web Site are available only to registered users. Registrants must be eighteen (18) years of age or older. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.

Once you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.

You agree that we may suspend or terminate your access to this Web Site for any reason, including, without limitation, if you provide any information that is inaccurate, incomplete or not current, or we believe that such information is inaccurate, incomplete or not current, or if you violate any of these Terms of Use.

8. TERMS AND CONDITIONS OF SALE

These Terms of Use govern your use of this Web Site. The terms and conditions governing the sale of products and services from Adams Elevator can be found at www.adamselevator.com/elevatorcatalog.asp, under "How to Order." You agree to be bound by these Terms and Conditions of Sale.

9. TERMINATION

We may terminate your right to access this Web Site at any time in our sole discretion, with or without cause, and without notice to you. Even after your use of this Web Site ends, Sections 2, 4, 5, 6, 8, 9, 10, 11, 12 and 13 shall remain in effect.

10. DISCLAIMER OF WARRANTIES.

YOU AGREE THAT YOUR USE OF THIS WEB SITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS WEB SITE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEB SITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN CONTENT OR MATERIALS, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, SPYWARE OR OTHER MALWARE OR MALICIOUS COMPUTER CODE TRANSMITTED THROUGH THIS WEB SITE, (E) ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEB SITE OR ANY SITE LINKED TO THIS WEB SITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS WEB SITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO AND USE OF THIS WEB SITE.

11. LIMITATION OF LIABILITY.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OR INABILITY TO USE THIS WEB SITE.

12. INDEMNITY.

YOU AGREE, AT YOUR EXPENSE, TO DEFEND, INDEMNIFY AND HOLD ADAMS ELEVATOR, ITS PARENT, SUBSIDIARY AND AFFILIATE COMPANIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY CLAIM, DEMAND, CAUSE OF ACTION, DEBT OR LIABILITY (INCLUDING COSTS AND REASONABLE ATTORNEYS' FEES) THAT ARISES OUT OF YOUR USE OF THIS WEB SITE, MATERIAL YOU ACCESS, SUBMIT, TRANSMIT OR MAKE AVAILABLE THROUGH THIS WEB SITE OR YOUR VIOLATION OF THESE TERMS OF USE.

13. GENERAL

These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and us and govern your use of this Web Site, superseding any prior or contemporaneous representations or agreements. All disputes arising out of or relating to these Terms of Use or our operation of this Web Site shall be governed by the laws of the State of Illinois and of the United States without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in Illinois, provided that we shall be entitled to apply for injunctive relief in any jurisdiction. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Web Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.