Effective: October 10, 2005
Please Read these Terms and Conditions of Use Carefully Before Using this Site
Ellison
Educational Equipment, Inc. owns and operates this Web site ('Site').
By accessing and using this Site you signify your assent to these terms
of use. If you do not agree to these terms and conditions of use, do
not use this Site. You may browse for information and entertainment but
may not modify, transmit, or revise without Ellison's written
permission. Do not transmit unlawful or defamatory material. Your use
of this Site constitutes acceptance of these terms. These terms and
conditions may be updated at any time and each time you access the Site
the new terms will govern.
Privacy
Please review our Privacy Policy, which also governs your visit to ellisondesign.com, to understand our practices.
Electronic Communications
When
you visit ellisondesign.com or send electronic mail to us, you consent
to receive communications from us electronically. We will communicate
with you by email or by posting notices on this Site. 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.
Idea Submissions
Ellison
encourages our Site users to share with us their comments, suggestions,
concepts, observations and ideas ('Ideas') about ellisondesign.com, its
products, and their commercial or educational use in general. By using
this Site, however, you agree to grant, unless we indicate otherwise, a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute and display such
Ideas throughout the world in any media. You agree to grant Ellison the
right to use the name that you submit in connection with such Ideas, if
they choose. You represent and warrant that you own or otherwise
control all of the rights to the Ideas that you submit; that the Ideas
are accurate; that use of the Ideas you supply does not violate this
policy and will not cause injury to any person or entity; and that you
will indemnify Ellison or its affiliates for all claims resulting from
Ideas you supply. No compensation shall be paid for Ideas nor shall
compensation be implied.
Proprietary Property
Ellison
claims various proprietary and intellectual property rights to
materials at this Site, including but not limited to copyrights and
trademarks ('Content'). No Content owned or licensed by Ellison from
this Site may be copied, reproduced, republished, uploaded, posted,
transmitted, distributed, resold, or modified, without prior, written
permission from Ellison, except that you may download one copy of the
Content for your personal or non-commercial use and copies of any
material must clearly display the appropriate proprietary notices.
Please see the Copyrights, Trademarks & Patents page at this Site for instructions on proper crediting to Ellison.
Unauthorized Site Use
Ellison
prohibits the following activities without the prior, written approval
of Ellison: linking; framing; using any robot, spider, other automatic
device, or manual process to monitor or copy the Site Ideas or Content;
any other interference with technological measures designed to control
access to use of the Site or its contents; interfering or attempting to
interfere with the proper operation of the Site and its activities;
taking any action that might impose an unreasonable or
disproportionately large load on the Site's technical infrastructure.
Please contact Ellison at support@ellisondesign.com for approval inquiries.
Risk of Loss
All
products purchased from ellisondesign.com are made pursuant to a
shipment contract. This means that all risk of loss and title for such
items pass to you upon our delivery to the carrier.
Disclaimer of Warranties
This
Site and all its contents and services are provided by Ellison on an
'as is' basis without any warranty or condition, express, implied or
statutory. We specifically disclaim any implied warranties of title,
merchantability, and fitness for a particular purpose and
non-infringement. We do not warrant or guarantee that the contents of
the Site will be accurate, up-to-date, or otherwise reliable. Ellison
does not warrant that this Site, its servers, or email sent from
Ellison are free from viruses or other harmful components. The
foregoing does not limit any manufacturer's express warranty provided
with any product purchased on the Site. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from state to state.
Limitation of Liability
Ellison
will not be liable for any damages of any kind arising from the use of
this Site, including but not limited to lost profits or any special,
incidental, indirect, consequential or reliance damages arising out of
or in connection with our Site, our services or this agreement, under
any legal theory, even if we have been advised of the possibility of
such damages and notwithstanding the failure of essential purposes of
any limited remedy. Our liability to you, under any legal theory, is
limited to the greater of (a) the amount of fees you pay to us in the
12 months prior to the action giving rise to the liability and (b)
$100. Some States do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
Severability
If any of
these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
Disputes
Any
disputes relating in any way to your visit to ellisondesign.com or to
products you purchase through ellisondesign.com shall be submitted to
arbitration in Orange County, California, except that, to the extent
you have in any manner violated or threatened to violate Ellison's
intellectual property rights, Ellison may seek injunction or other
appropriate relief in any state of federal court in the state of
California, and you consent to jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules
then prevailing of the Judicial, Arbitration and Mediation Service
('JAMS'). The arbitrators' award shall be binding and may be entered as
a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to
this Agreement, whether through class arbitration proceedings or
otherwise. Notwithstanding this arbitration clause, if either you or
Ellison institute a lawsuit any award of attorney's fees will be
limited to $1000.
Applicable Law
ellisondesign.com is
created, owned and controlled by Ellison Educational Equipment, Inc. in
the State of California, USA. As such, the laws of the State of
California will govern these disclaimers, terms, and conditions, or any
dispute relating to this Site without giving effect to any principles
of conflicts of laws. Further, any Site contract was created and is
being performed in the State of California. |
