WEB SITE TERMS OF USE
Welcome to the Electro Rent Corporation Computer Products Web site (the "Web site").
Electro Rent provides this Web site subject to the following terms of use (these "Terms"). These Terms explain an agreement between you ("user," "you," "your") and Electro Rent ("we," "us," "our") regarding your use of this Web site. You should print a copy of these Terms for your records or download them to your computer. Please note, however, that we may update and amend these Terms from time to time.
1. WHAT YOU SHOULD KNOW
The goal of this Web site is to provide you with access to information about our company, its services, products, and related links to meet your needs (the "Content"). The Terms are meant to protect all of our visitors to this Web site, and your access to and use of this Web site signifies your agreement with these Terms.
DO NOT USE THIS WEB SITE IF YOU DO NOT AGREE WITH THESE TERMS.
We reserve the right, at our sole discretion, to modify, alter or otherwise update these Terms at any time. Such modifications, alterations, and updates shall be effective immediately upon posting. You agree to be bound by such modified, altered, and updated Terms if you access or use this Web site after we have posted notice of such modifications, alterations or updates.
Consistent with our goals, this Web site may permit you to link to other Web sites that may or may not be affiliated with this Web site and/or with us. The other linked Web sites have different terms of use that are not the same as these Terms. Your access to and use of such linked Web sites through links provided on this Web site are governed by the terms of use and policies of those sites, not this Web site.
2. PRIVACY
Registration data and certain other information about you is subject to our Privacy Policy. For more information, please review our
Privacy Policy.
3. USE OF THIS WEB SITE
Electro Rent controls and operates this Web site. All Content on this Web site, including, but not limited to, text, images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by United States and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us and/or by third party content providers, merchants, sponsors and licensors (collectively the "Providers") that have licensed their content or the right to market their products and/or services to us. Content on this Web site or any Web site owned, operated, licensed or controlled by the Providers is solely for your personal use. You agree to abide by all additional copyright notices, information, or restrictions contained in any Content. You may download a single copy of any Content contained on this Web site, solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in such Content.
You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the Content in any way (including by e-mail or other electronic means) for commercial or business use, except as established through print functions located throughout the site, without Electro Rent Corporation or the Providers prior written consent. You may request consent by emailing a request to our Marketing Department at
marketingoll@electrorent.com.
Your modification of the Content, use of the Content on any other Web site or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without our or the Providers prior written consent, violates the intellectual property rights and proprietary rights of the Content owners and is prohibited.
You may not use on your Web site any registered or unregistered trademarks, service marks or copyrighted materials appearing on this Web site, including, but not limited to, any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame, deep link, or otherwise incorporate into another Web site any of the Content or other materials on this Web site without our express prior written consent.
You recognize that any reproduction or use of Content, except as authorized by these Terms, is considered intentional infringement.
4. USER'S RESPONSIBILITIES
You warrant and represent to us that you will not use this Web site for any purpose that is unlawful or prohibited by these Terms, including, without limitation, the posting or transmitting of any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of these Terms, your permission to use this Web site immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any reason, including for violation of these Terms.
5. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of this Web site, and you agree not to use or permit others to use this Web site, for any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on this Web site's infrastructure, including but not limited to "spam" or other such unsolicited mass e-mailing techniques
(b) disclosing to, or sharing with, any unauthorized third parties, the assigned confirmation numbers and/or passwords or using the assigned confirmation numbers and/or passwords for any unauthorized purpose
(c) attempt to decipher, decompile, disassemble or reverse engineer any of the software or HTML code comprising or in any way making up a part of this Web site
(d) uploading, posting, emailing or otherwise transmitting any information, content, or proprietary rights that you do not have a right to transmit under any law or under contractual or fiduciary relationships
(e) violating any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law
(f) using any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy our Web pages, or the Content without our prior written permission, provided that generally available third party Web browser such as Netscape Navigator® and Microsoft Internet Explorer® may be used without such permission.
6. LINKS TO THIRD PARTY SITES
This Web site may contain links to third-party Web sites not under our control or operation (the "Linked Sites"). The links will let you leave this Web site, and you access them at your own risk. You acknowledge that we provide the Linked Sites for your convenience and information only. We do not endorse nor are we responsible for any content, information, or other related materials found at any such Linked Sites or any links contained within such Linked Sites, whether or not we are affiliated with the owners of such Linked Sites. You may not establish a hyperlink to this Web site or provide any links that state or imply any sponsorship or endorsement of your Web site by us or the Providers without the express written consent of Electro Rent Corporation.
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of advertisers found on or through this Web site, should any exist, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings are solely between you and such advertiser. You agree that we (and the Providers) shall neither be responsible nor liable for any loss or damage incurred by you as the result of any such dealings or as the result of the presence of such advertisers on this Web site.
8. NO WARRANTIES
ALL CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. OTHER THAN THOSE WARRANTIES WHICH, UNDER THE U.S. LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER WE, OUR AFFILIATED OR RELATED ENTITIES, NOR THE PROVIDERS, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS WEB SITE, WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT THAT YOU ACCESS ON THIS WEB SITE IS PROVIDED SOLELY FOR YOUR CONVENIENCE AND INFORMATION ONLY. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE, OR AS TO THE RELIABILITY, ACCURACY OR CURRENCY OF ANY CONTENT, SERVICE, AND/OR MERCHANDISE ACQUIRED PURSUANT TO YOUR USE OF THIS WEB SITE.
YOU USE THIS WEB SITE AT YOUR OWN RISK. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING (INCLUDING, WITHOUT LIMITATION, YOUR INTERNET CONNECTION) AND REPAIR OR CORRECTION OF YOUR SYSTEM.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE NOR OUR AFFILIATED OR RELATED ENTITIES (INCLUDING PROVIDERS), NOR ANY OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS WEB SITE, BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES WHETHER ARISING UNDER CONTRACT, WARRANTY, OR TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION FROM THE USE OR ATTEMPTED USE OF THIS WEB SITE OR ANY OTHER LINKED SITE.
BY WAY OF EXAMPLE ONLY, WE AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM: FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF CONTENT, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THIS WEB SITE. MOREOVER, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSIONS OF OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES OR LOSS. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this Section 9 will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to our and the Providers benefit, and to all respective officers, directors, employees, representatives, attorneys, and agents.
10. GOVERNING LAW AND JURISDICTION
We operate this Web site (excluding Linked Sites) from our webmaster's offices in the State of Georgia and our corporate headquarters in the State of California. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia or California, by accessing this Web site, you agree that these Terms and your use of the Web site shall be governed in all respect by the internal substantive laws of the State of California, without regard to conflict of laws provisions and shall not be governed by the United Nations Convention on the International Sale of Goods. You further submit to exclusive jurisdiction and venue in the state and federal courts located in the State of California for all disputes, cases and controversies regarding this Web site, your use of this Web site, and your relationship with us. We make no representation that materials on this Web site are appropriate or available for use in other locations, and accessing them from territories where the Content is illegal is prohibited. Those who choose to access this Web site from other locations do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. INDEMNIFICATION
We reserve the right to report any wrongdoing, if and when we become aware of it, to any applicable government agencies. You agree to indemnify, defend and hold us and the Providers, our and their officers, directors, employees, affiliates, agents, licensors, and suppliers harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of this Web site, your breach of any provision of these Terms and/or any negligent acts, omissions or intentional wrongdoing by you.
12. OTHER GENERAL PROVISIONS
These Terms are for our and the Providers' benefit, and for the benefit of our and their officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.
The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire Agreement between us (including the Providers), our affiliated or related entities, and you, and supersede any prior agreements or understandings not incorporated herein. In the event that any inconsistencies exist between these Terms and any future published terms of use or understanding, the last published Terms shall prevail.
WE RESERVE ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.
Electro Rent Corporation 2003
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Electro Rent Corporation © 2008. All Rights Reserved.
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