Website Terms and Conditions of Use
Terms & Conditions
This page states the Terms and Conditions under which the Website visitor (“you”) may use this Website, which is owned by Electro-Mechanical, LLC (“EML”), and any affiliate websites where these Terms and Conditions (“Terms”) are posted (collectively, the “Website”). By using the Website, you agree to be bound by all of the Terms and Conditions set forth below. If you do not accept these Terms and Conditions, do not use the Website. EML may revise these Terms and Conditions (the “Terms”) in its sole discretion at any time without notice. Your continued use of the Website following a change to these Terms constitutes your continued acceptance of all revisions to the Terms.
The information contained in or made available through this Website cannot replace or substitute for, and is not intended to replace or substitute for, the services of trained professionals in any field, including, but not limited to, engineering, construction, financial, medical, or legal matters. In addition, content on this Website may be changed without notice and may not be retained by EML once deleted.
Use of Site Contents
The contents of the Website (the “Site Contents”) are owned by or licensed to EML and are protected by copyright under both United States and foreign laws. EML hereby grants to you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to view and download a single copy of the Site Contents for your personal or internal business use. Unauthorized use of the Site Contents violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Contents on any copy you make of such material. Unless specifically authorized by EML or allowed by applicable laws and regulations, you may not sell or modify our Site Contents or reproduce, display, distribute or publish the Site Contents except as expressly permitted herein. You will not access or use the Site Contents for any public or commercial purpose, except as expressly permitted herein. Use of the Site Contents on any other Website or in a networked environment is prohibited. You may not use the Website for the purpose of competing with EML.
Restrictions on Use of the Website
In exchange for the license to use the Website, you agree you will not:
• use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on this Website;
• take any action to interfere with, or disrupt, this Website, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms;
• probe, scan or test the vulnerability of our Website or any system or network;
• forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through the Website;
• reverse engineer, decompile or modify the Website, in whole or in part;
• use the Website in any way that could interfere with, disrupt or negatively affect the Website or its servers or networks; or
• encourage or promote any activity that violates these Terms.
The names, marks and logos included in the Site Contents are, unless otherwise noted, trademarks owned by or licensed to EML or an affiliated company. The use of these marks, except as provided in these Terms and Conditions, is prohibited. From time to time, EML makes fair use in this Website of trademarks owned and used by third parties. Any such marks are clearly noted, and EML makes no claim to ownership of those marks.
Limitation of Liability
Although EML strives for accuracy in all elements of the Site Contents, it may contain inaccuracies or typographical errors. Additionally, while users of this Website are bound by these Terms not to submit false material, EML cannot be responsible for the violation of these Terms by users, or for the reliance by users upon false or misleading material submitted by other users. EML makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website or about the results to be obtained from using the Website. You use the Website and its material at your own risk.
Because we do not control the security of the Internet or other networks you use to access the Website or communicate with us, including social media platforms, we can’t be, and are not, responsible for the security of information you choose to communicate with EML or with other users while it is being transmitted. EML is not responsible for any data lost during transmission.
EML DOES NOT WARRANT THE WEBSITE WILL OPERATE ERROR-FREE, OR THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEBSITE OR THE SITE MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EML SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
THIS WEBSITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EML, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH EML STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Damages
IN NO EVENT SHALL EML, ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR INABILITY TO USE THE WEBSITE, MATERIAL ON THIS WEBSITE OR SITES LINKED TO THIS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EML IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If this section is held to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law.
EML welcomes your comments on our Website, products, and services. By sending us creative suggestions, ideas, notes, drawings, concepts, feedback, inventions or other information, or by posting any comments, submissions, photos, or videos on the Website (collectively, the “Information”), you grant to EML a perpetual, irrevocable, worldwide, non-exclusive, fully-paid-up, royalty-free, sub-licensable license to reproduce, display, perform, distribute, store, modify, make derivative works from, and otherwise use the Information in any manner and for any purpose, without compensation to the provider of the Information, unless you and EML expressly agree otherwise in writing. you hereby acknowledge and agree the Information is not confidential, and your provision of such Information is gratuitous and unsolicited, and does not place EML under any fiduciary or other obligation.
As a user of this Website, you are responsible for your own communications and are responsible for the consequences of their posting. Therefore, you may not: transmit to us material that is copyrighted, unless you are the copyright owner or have the permission to post it and to grant the rights described in the preceding paragraph; send material that reveals trade secrets, unless you own them or have the permission of the owner to post them and grant the rights described in the preceding paragraph; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.
In addition, you may not post or submit Information that solicits funds, or that advertises or solicits goods or services. You may not post Information known to be false. You may not post or transmit any Information, software or other material that contains a virus or other harmful component.
EML reserves the right to deny access to this Website for violating these Terms or any applicable law, regulation or rule and reserves the right to remove any Information or communications from this Website. The violation of any of these Terms shall result in the immediate revocation of your license to use the Site Contents and obligates you to immediately destroy any copies of the Site Contents in your possession.
This Website may contain links to Websites owned by third parties. These links are provided solely as a convenience to you and are not an endorsement by EML of the contents on those other sites. EML is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Website, you do so at your own risk.
Linking to Us
You may link to the Website, provided (i) your link does not alter in any way the visual presentation or appearance of the Website, or create a frame around the Website; (ii) your link, and the surrounding content or material, do not imply or suggest we approve or endorse you, your Website or application, or your goods and services, except as we may separately have agreed with you in writing; and (iii) your Website does not contain any material or content that is libelous, obscene, criminal, pornographic, or which infringes or otherwise violates, or advocates the infringement or other violation of, any third party rights. We may, at any time, in our sole discretion, terminate your right to link to any pages of our Website. In such event, upon our request, you agree to immediately remove all links to our Site.
EML communicates with its customers through the use of email and text messaging to provide information about the customer’s account or service (“Communications”). The contents of Communications including text, graphics, images and other information may be protected by copyright under both United States and foreign laws. The names, marks and logos appearing or included in Communications are, unless otherwise noted, trademarks owned by or licensed to EML or an affiliated company. Unless otherwise expressly authorized by EML in writing, the use of these trademarks is strictly prohibited.
EML believes the information contained in Communications to be accurate as of the date of the communication, however, information may be superseded or modified due to changes in laws, regulations, EML’s policies, or otherwise.
The services and applications available electronically on this Website (the “Services”), and all applicable fees and service charges, may be altered or amended by EML from time to time. To access certain features of the Website, you may be required to provide personally identifiable information. You agree that all information you provide to us is accurate and you will continue to
update such information so it remains current. We reserve the right to terminate or suspend your Services if we have reason to believe you have provided false or out-of-date information.
By using this Website, you agree to defend, indemnify, and hold harmless EML, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that EML may become obligated to pay arising or resulting from your use of the Site Contents, your breach of these Terms and Conditions, or your violation of any applicable laws or regulations. EML reserves the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim. Some jurisdictions may not permit the indemnification described above. If any part of this section is found to be unenforceable, the remainder of this section will be enforced to the fullest extent permitted by applicable law.
EML may from time to time offer promotions, surveys, contests or sweepstakes (collectively, “Promotions”) to its customers. All such Promotions are voluntary and will be accompanied and governed by rules established by EML. For further information about such Promotions, please consult the applicable rules posted with or linked to such Promotions.
This Website originates from Bristol, Virginia. EML does not claim the Site Materials on this are appropriate or may be used outside of the United States. Access to the Site Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
These Terms and Conditions are governed by the substantive laws of the Commonwealth of Virginia, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in the Commonwealth of Virginia with respect to any dispute, disagreement, or cause of action related to or involving this Website. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Website, these Terms and Conditions constitute the entire agreement between you and EML with respect to your use of this Website. You may not assign this Agreement to
any other party. You hereby waive any right to a jury trial in any dispute arising out of or relating to this Agreement.
Materials may be made available via this Website by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with this Website for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on this Website and it is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.