Electronic Enclosures, Inc. Terms of Use

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE OR OUR SERVICES.
The present terms and conditions (this “Agreement” or “Terms”) is a legal agreement between you and Electronic Enclosures, Inc. (from now on ” EEi”), a company duly organized and validly existing, located at 1450 W 228th St, Unit 13, Torrance, California 90501. This Agreement annuls and voids all previous agreements.

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

All visitors and users agree to insure and hold EEi, our subsidiaries, affiliates, agents, employees, officers, partners, and licensors blameless or not liable for any claim or demand, which may include but is not limited to, reasonable attorney fees made by any third party which may arise from any content a user of our Site may submit, and make available through our Site, the use of EEi Services or your connection with these Services, your violations of the Terms of Service and your violation of any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The visitor or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, exploit any part, use, or access EEi’s sites for any commercial reason.

MODIFICATIONS

EEi reserves the right, at any time it may deem fit, to modify, alter, and or discontinue, whether temporarily or permanently, our service or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, or discontinuance of our Services or any part thereof.

LINKS

EEi or any third parties may provide links to other websites and resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising, or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that EEi shall not be responsible or liable, directly or indirectly, for any such damage or loss that may be a result of, caused, or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

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

EEi may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any notices that would have been delivered had you accessed our Services in an authorized manner.

INTELLECTUAL PROPERTY RIGHTS

You herein acknowledge, understand, and agree that all of the EEi trademarks, copyrights, trade names, service marks, and other EEi logos and any brand features and/or product and service names are trademarks and, as such, are and shall remain the property of EEi. You herein agree not to display and use in any manner the EEi logo or marks without obtaining EEi’s prior written consent.

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:

Mailing Address: Electronic Enclosures, Inc. Attn: Copyright Agent 1450 W 228th St, Unit 13 Torrance, California 90501 U.S.A. Telephone: (310) 944-2985 Email: policies@eei.email

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and EEi and shall govern the use of our Site or Services, superseding any prior version of this Agreement between you and us with respect to EEi Site or Services. You may also be subject to additional terms and conditions that may apply when you use other EEi Sites or Services, affiliate Services, third-party content, or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and EEi with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of California without regard to its conflict of law provisions and that any claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and EEi, shall be filed within the courts having jurisdiction within the County of Torrance, California or the U.S. District Court located in said state. You and EEi agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to exercising jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should EEi fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

STATUTE OF LIMITATIONS

You acknowledge, understand, and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Sites or Services or the Agreement must be filed within one (1) year after said claim or cause of action arose or shall be forever barred.

Violations

Please report any violations of this Agreement to EEi as follows:

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.

FOREIGN ACCESS OF SITE

The Site is controlled, operated, and administered by EEi from affiliate offices within Canada. If you access the Site from outside the USA, you are responsible for compliance with all local laws. You agree that you shall not use EEi’s content accessed through the Site in any country or any manner prohibited by applicable laws, restrictions, or regulations.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions and processes. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on this Site or on any related Site that is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information on this Site or any related Site except as required by law. No specified update or refresh date applied on this Site or any affiliated Site should be taken to indicate that all information on this Site or any related Site has been modified or updated.

PRIVACY POLICY

Every visitor’s or user’s data and information is protected by the EEi Online Privacy Policy See the full Privacy Policy.