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TERMS AND CONDITIONS OF USE

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE. All users of this Website agree that access to and use of this Website is subject to the following Terms and Conditions of Use in addition to all applicable laws. If you do not agree to these Terms and Conditions of Use, do not use this Website.

Additionally, certain pages of this Website may contain additional terms that govern particular features or offers. In the event that any of the Terms and Conditions of Use contained herein conflict with such additional terms or other terms and guidelines contained within any particular page of this Website, then the Terms and Conditions of Use contained herein shall govern and control your access to and the use of this Website.

SECTION 1. MODIFICATION OF THESE TERMS AND CONDITIONS OF USE

ECR International (the "Company") reserves the right to change the terms, conditions and notices under which this Website is offered at any time and from time to time without specific notice to you. The latest Terms and Conditions of Use will be posted on this Website and you are responsible for regularly reviewing these Terms and Conditions.

SECTION 2. PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, neither this Website nor any portion of this Website may be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose not expressly permitted by the Company. This Website is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Website without the express written permission of the Company.

SECTION 3. NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Website, you warrant to the Company that you will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You may not use this Website in any manner which could damage, disable, overburden, or impair this Website or interfere with any other party's use and enjoyment of this Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Website. Harassment in any manner or form on this Website or through this Website is strictly forbidden. Impersonation of others on the Website is prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive or illegal, or which may constitute or encourage a criminal offense, violate the intellectual property or other rights of any third party or which may otherwise give rise to liability or violate any law.

SECTION 4. COPYRIGHT

The entire content included in this Website, including but not limited to text, graphics logos, icons, images, audio or software is copyrighted under the United States and international copyright laws, and is the property of the Company, its content suppliers or the Company's use thereof has been authorized or licensed by the owner of such content. The compilation of the content of this Website is the exclusive property of the Company and is protected by United States and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this Website for the sole purpose of placing an order with the Company or purchasing products sold by the Company. You may display, and subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use and to register or to place an order with the Company to purchase products sold by the Company. Any other use, including but not limited to the reproduction, distribution, display, posting, mirroring, or transmission of the content of this Website is strictly prohibited. You further agree not to change or delete any proprietary notices from materials downloaded from this Website or to modify such materials in any way.

SECTION 5. TRADEMARKS

All trademarks, service marks and trade names used herein are proprietary to the Company and/or are licensed to the Company. Such trademarks, service marks and trade names are protected by common law and/or federal or international trademark law and may not be used in violation of the Company's or any of its licensors' rights.

SECTION 6. TYPOGRAPHICAL ERRORS

The information regarding the products and services included in or available through this Website may include inaccuracies or typographical errors. If a product is listed at an incorrect price due to typographical error, the Company shall have the right to cancel or refuse any orders placed for such product listed at the incorrect price. The Company and/or its respective suppliers may make improvements and/or changes to the information in this Website at any time.

SECTION 7. LIABILITY DISCLAIMER

THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, ADEQUACY, USEFULNESS, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THIS WEBSITE OR INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THIS WEBSITE FOR ANY PURPOSE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OF USE. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS WEBSITE OR THE SERVER WHICH MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS WEBSITE AND ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THIS WEBSITE AND SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

SECTION 8. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING OR DISTRIBUTING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEBSITE, WITH ANY DELAY OR INABILITY TO USE THIS WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS WEBSITE, EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS OF USE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

SECTION 9. USER SUBMISSIONS

Generally, any communication which you post to the Website is considered to be non-confidential. If particular Website pages permit the submission of communications which will be treated by the Company as confidential, that fact will be stated on those pages. By posting communications to the Website, you automatically grant the Company a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

The Company does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other users of this Website or endorse any opinions expressed by such users. You acknowledge that any reliance on material posted by other users of this Website will be at your own risk.

The Company does not screen communications in advance and is not responsible for screening or monitoring material posted by other users of this Website. If notified by a user of communications which allegedly do not conform to these Terms and Conditions of Use, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users of this Website for performance or nonperformance of such activities. The Company reserves the right to remove communications which are abusive, illegal, or disruptive.

SECTION 10. LINKS TO OTHER SITES

This Website may contain links to other Websites ("Linked Sites"). The Linked Sites are not under the control of this Website and the Company is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Linked Site or any association with its operators. Linked Sites have separate terms of use and other policies. The Company has no responsibility or liability for policies or actions on Linked Sites or for privacy concerns or content of Linked Sites, and you access them at your own risk.

Should any link on this Website or any Linked Site be found objectionable for any reason, a request that the link be removed from this Website should be sent to advertising@ecrinternational.com The Company will consider all such requests but shall have no obligation to remove any links or respond.

If you would like the Company to link to your Website, send a request to advertising@ecrinternational.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site and a list of any URLs from which the Company may link to. All requests will be decided on a case-by-case basis in the sole discretion of the Company and all decisions shall be final. The Company will use reasonable efforts to contact you upon deciding to link to your Website, but failure to do so will not result in any liability or other obligation to you. The Company has no obligation to notify you of any negative decision. It is generally the policy of the Company to give preference to links to educational and governmental resource materials.

SECTION 11. LINKING TO THE COMPANY'S WEBSITE

The Company permits third party Websites to link to the Company's Website located at www.ecrinternational.com pursuant to the terms of this Section 11 and the Company's Linking Policy. If you are interested in linking to the Company's Website, you must notify the Company by sending an e-mail to advertising@ecrinternational.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your Website and a list of any URLs from which you intend to link to the Company's Website. By linking to any page on the Company's Website, you hereby agree to be bound by the terms and conditions set forth in the Company's Linking Policy.

SECTION 12. MINORS

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use this Website in accordance with these Terms and Conditions of Use. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access this Website.

SECTION 13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use or any activity related to your use of this Website (including negligent or wrongful conduct) by you or any other person accessing this Website using your computer or Internet account.

SECTION 14. TERMINATION/ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate or refuse your access to this Website and the related services or any portion thereof, or to terminate your accounts and/or cancel orders at any time, without notice, if the Company believes that your conduct violates the Terms and Conditions of Use contained herein or applicable law or is harmful to the interests of the Company or its other customers. The provisions relating to copyrights, trademarks, disclaimers, limitations of liability, and indemnification shall survive termination.

SECTION 15. EXPORT CONTROL

The United States of America controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any information (including software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export products and information obtained from or through this Website.

SECTION 16. USER INFORMATION

The Company may use the information it obtains relating to you and your access to and use of this Website, including your IP address, name, mailing address, email address and use of the Website, for its internal business and marketing purposes and the Company may disclose such information to third parties but only to fulfill such purposes.

SECTION 17. MISCELLANEOUS

Your use of this Website shall be governed in all respects by the laws of the State of New York of the United States of America without regard to conflicts of law principles, and not in any way by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Website (including but not limited to the purchase of products sold by the Company) shall be in the state or federal courts located in Oneida County, New York (and agree not to commence any litigation relating thereto except in such courts). Any cause of action or claim you may have with respect to this Website (including but not limited to the purchase of products sold by the Company) must be commenced within one (1) year after the claim or cause of action arises. The Company's failure to insist upon or enforce strict performance of any provisions of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms and Conditions of Use. The Company may assign its rights and duties under these Terms and Conditions of Use to any party at any time without notice to you.

Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions of Use, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of your use of this Website. The Company's performance hereunder is subject to existing laws and legal process, and nothing contained herein shall be construed to be in derogation of the Company's right or duty to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by the Company with respect to such use. If any part of these Terms and Conditions of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions of Use shall continue in effect. Unless otherwise specified herein, the Terms and Conditions of Use specified herein constitute the entire agreement between you and the Company with respect to this Website and it supercedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company. A printed version of these Terms and Conditions of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright 2003 ECR International All Rights Reserved

ECR INTERNATIONAL WEBSITE LINKING POLICY

If you provide any linking to any page on the Company's Website, you hereby agree that such linking is bound by the following terms and conditions.

  • Links may be text-based using the words: "ECR International", "the Company" or "ecrinternational.com." You may not use the Company logo or any other trademark of the Company as a link to the Company's Website. You may link to the home page or any other page of the public area of the Company Website. You may not link to any non-public pages of the Company's Website from your Website.
  • By linking, you acknowledge and agree that, other than as set forth herein, all rights to the Company's trademarks, service marks or other intellectual property, including, without limitation, the content appearing on the Company's Website and the design of the Company's Website belong solely to the Company.
  • You may not create frames around the Company's web pages or use other techniques that alter in any way the visual presentation or appearance of the Company's Website.
  • You must not misrepresent your relationship with the Company or present false or misleading impressions about the Company. No links to the Company's Website may be used in a manner that implies or suggests that the Company approves or endorses you, your Website or your goods and services, except as the Company may have agreed separately with you in writing.
  • The Company shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend the Company against any and all claims arising out of or based upon your Website.
  • No link(s) to the Company's Website may appear on any page on your Website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
  • The Company reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Company's Website from your Website and you agree that you will immediately remove such link(s) upon the Company's request.
  • By linking to the the Company Website, you agree to be bound to and abide by this Linking Policy, as well as the Terms and Conditions of Use of the Company's Website, each as amended from time to time.
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