Electronic Enclosures, Inc. Terms of Use
OVERVIEW
EEi operates the Site (https://19rackmountchassis.com) “Site.” Throughout the Site, the terms “we,” “us,” and “our” refer to EEi. EEi offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all users accessing this Site. In the event of an inconsistency between this Agreement and any additional terms or policies referenced herein, the provisions of the other terms or policies shall control.
Any new features or tools added to the current Site shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after posting any changes constitutes acceptance of those changes.
GENERAL TERMS
By agreeing to these Terms, you represent your age as a legal adult in your state or province of residence.
You may not use our Site for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction.
You shall not transmit any worms or viruses or any code of a destructive nature.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
Restrict, suspend, or terminate your access to all or any part of our Site;
Change, suspend, or discontinue all or any part of our Site;
Refuse, move, or remove any content that is available on all or any part of our Site;
Establish general practices and limits concerning the use of our Site.
You agree that we will not be liable to you or any third party for these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your information may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices.
You agree not to reproduce, duplicate, copy, sell, resell, or access the Site without EEi’s express written permission.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the content, in whole or in part, found on the Site. EEi content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of EEi and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EEi or our licensors except as expressly authorized by these Terms.
CONDUCT
As a visitor or user of the Site, you herein acknowledge, understand, and agree that all information, text, messages, or any other content, whether it is publicly or privately posted and transmitted, is the expressed sole responsibility of the individual from whom the content originated. Furthermore, you herein agree not to make use of EEi Sites or Services for:
i. Forging captions, headings, or titles or otherwise offering any content that you have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
ii. Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
iii. Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
iv. Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and programs that have been designed to interfere, destroy, and limit the operation of any computer software, hardware, or telecommunication equipment;
v. Disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect the Site or other visitors or users’ ability to use the Site;
vi. Interfering with or disrupting any EEi Sites, Services, servers, and networks that may be connected or related to our Site, including, but not limited to, the use of any device software and routine to bypass the robot exclusion headers;
vii. Intentionally or unintentionally violating any local, state, federal, national, or international law;
viii. Providing informational support or resources, concealing and disguising the character, location, and or source of any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
ix. “stalking” or intending to harass another individual otherwise.
EEi herein reserves the right to pre-screen, refuse, and/or delete any content currently available through our Site.
EEi herein reserves the right to access, preserve, and/or disclose visitor or user information if it is requested by a court of competent jurisdiction to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
i. Compliance with any legal process;
ii. Enforcement of the Terms;
iii. Responding to any claim that therein contained content is in violation of the rights of any third party;
iv. Responding to requests for customer service or;
v. Protecting the rights, property, or personal safety of EEi, visitors, and users.
EEi herein reserves the right to include the use of security components that may permit digital information or material to be protected and that such use of information and material is subject to usage guidelines and regulations established by EEi or any other content providers supplying content services to EEi. You are prohibited from attempting to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information on our Site, whether done in whole or in part, is expressly prohibited.
GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the internet’s global nature, through our network, you hereby agree to comply with all local rules relating to online conduct and what is considered acceptable content. Uploading, posting, and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes, and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
i. are not on the list of prohibited individuals which may be identified on any government export exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government that may be part of an export-prohibited country identified in applicable export and import laws and regulations;
ii. Agree not to transfer any software, technology, or other technical data through our network;
iii. Services to any export-prohibited country;
iv. Agree not to use our website network Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and
v. Agree not to post, transfer, or upload any software, technology, or other technical data that would violate the U.S. or other applicable export and import laws.
SUBMITTED CONTENT
EEi shall not lay claim to ownership of any content submitted by any visitor or user nor make such content available for inclusion through our Site.
Those areas that may be deemed “publicly accessible” areas of EEi’s Sites are those of our network properties that are meant to be available to the general public and which contact or information forms.
Contributions to EEi Websites
EEi is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
INDEMNITY
COMMERCIAL REUSE OF SERVICES
MODIFICATIONS
LINKS
PROPRIETARY RIGHTS
You hereby acknowledge and agree that EEi’s Sites and Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any Content may be included in any information presented by and through our Sites or Services or by copyrights, trademarks, patents, or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by EEi or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and create any plagiaristic works which are based on EEi Services (e.g., Content or Software), in whole or part.
EEi hereby grants you a personal, non-transferable, and non-exclusive right to use the Site code or our Software on a single computer, to view the Site’s content and information as long as you do not, and shall not allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature, or form, and as such, not to use any modified versions of the Software, including and without limitation, to obtain unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Site through any means other than through the interface that EEi provides for use in accessing our Site and information.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
THE EEI SITE, SERVICES, AND SOFTWARE USE ARE AT THE SOLE RISK BY YOU. OUR SITE, SERVICES, AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EEI AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
EEI AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE NO SUCH WARRANTIES THAT
i EEI SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS;
ii. EEI SITE, SERVICES, OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
iii. THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE EEI SITE, SERVICES, OR SOFTWARE WILL BE ACCURATE OR RELIABLE;
iv. QUALITY OR ACCURACY OF ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE AVAILABLE TO YOU THROUGH OUR SITE, SERVICES, OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND
v. ANY SUCH ERRORS CONTAINED IN THE INFORMATION OR SOFTWARE SHALL BE CORRECTED.
ANY INFORMATION OBTAINED BY WAY OF EEI’s SITE, SERVICES, OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK. AS SUCH, YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND INTERNET ACCESS, DOWNLOADING AND DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
NO ADVICE AND/OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM EEI OR BY WAY OF OR FROM OUR SITE, SERVICES, OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT EEI AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
i. THE USE OR INABILITY TO USE OUR SITE, SERVICES OR SOFTWARE;
ii. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
iii. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
iv. STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
v. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
IN THE EVENT YOU HAVE A DISPUTE, YOU AGREE TO RELEASE EEI (AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT SUBSIDIARIES, AFFILIATES, CO-BRANDERS, PARTNERS AND ANY OTHER THIRD PARTIES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTE.
Notice
INTELLECTUAL PROPERTY RIGHTS
EEi will always respect the intellectual property of others, and we ask that all of our users do the same. If your work has been duplicated, displayed, or performed on our Site in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide us with the following information:
i. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
ii. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
iii. A description of the location of the site which you allege has been infringing upon your work;
iv. Your physical address, telephone number, and email address;
v. A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law;
vi. And a statement, made under penalty of perjury, that the aforementioned information in your notice is true and accurate and that you are the copyright or intellectual property owner, representative, or agent authorized to act on the copyright or intellectual property owner’s behalf.
The EEi agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
ENTIRE AGREEMENT
CHOICE OF LAW AND FORUM
WAIVER AND SEVERABILITY OF TERMS
STATUTE OF LIMITATIONS
Violations
Mailing Address:
Electronic Enclosures, Inc.
1450 W 228th St, Unit 13
Torrance, California 90501
U.S.A.
Telephone: (310) 944-2985
Email: policies@eei.email
GOVERNMENT REQUESTS
To cooperate with governmental requests, subpoenas, or court orders, to protect our systems, or to ensure the integrity and operation of our business, systems, and procedures, we may access and disclose any information we consider necessary or appropriate, including and without limitation, your information, IP address, and usage history—our right to disclose any such information is governed by the terms of our Privacy Policy.