Terms of Use

Electronic Enclosures Inc., (“EEi”, “we”, or “our” inclusively) provide content, website features, and other products and services to you on this EEi website, including, but not limited to, information, design, video, product information, and other online information and services (collectively, “EEi information”). You understand and agree that you remain responsible for using your independent analysis, evaluation, and judgment in designing your systems and products. EEi provides EEi Information subject to these terms of use (“Terms of Use”).

You Agree – By using EEi Information, you agree to these Terms of Use. These Terms of Use are a legal agreement between you and EEi. By using EEi Information, you also agree to the EEi Privacy Policy which is incorporated herein by reference. Please read these documents carefully. If you do not agree to these terms, do not use EEi Information.

Restrictions of Use & Access Termination to EEi Information: EEi information is protected by copyright laws, international copyright treaties, and other intellectual property laws. Except as stated herein, no EEi information, nor any part of any EEi information, may be reproduced, published, transmitted, duplicated, mirrored, modified, displayed, distributed, copied, sold, resold, visited, or otherwise exploited for any purpose without the express prior written consent of EEi.

You agree not to use EEi information in a manner that violates any applicable law or regulation; to impersonate entity or misrepresent your affiliation with a person or entity; to interfere with or disrupt EEi information or servers or networks connected EEi information; use any data mining, robots, or similar data scraping or extraction methods in connection with EEi information; frame or utilize framing techniques to enclose any trademark, logo, proprietary, or other information (including datasheets, images, text, page layout, or form); and attempt to gain unauthorized access to any portion EEi information or any other accounts, computer systems, or networks connected to EEi information, whether through hacking, password mining, or any other means.

Subject to any Terms that may apply, EEi grants you permission to download, reproduce, display, and distribute EEi information solely for non-commercial or personal use, provided that you do not modify such EEi information, and any and all downloaded EEi information that is reproduced, displayed and distributed is with the document in its entirety, unedited, and provided further that you retain all copyright and proprietary notices as they appear in such EEi information.

EEi further grants K through 12 educational institutions, community colleges and universities permission to download, reproduce, display, and distribute EEi information solely for use in classrooms, provided that such institutions identify EEi as the source of EEi information with an inclusion of the following credit line: “Courtesy of Electronic Enclosures, Inc.” Unauthorized use of any EEi information is expressly prohibited by law, and may result in civil and criminal penalties. This grant of permission terminates upon breach of any provision in this Terms of Use Policy. Upon termination, you agree to destroy all materials relating to EEi information. EEi reserves the right, in its sole discretion, to terminate, suspend, or modify your registration with, or access to, all or any part of EEi information, without notice, at any time and for any reason.

Information You Submit or Post: Certain features of EEi information may allow you to post information or submit a form. You may post content and communications, and submit suggestions, ideas, comments, questions, or other information, so long as such content is not proprietary, confidential, illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, provided in violation of your obligations (ethical, legal, or otherwise), or otherwise injurious to third parties or objectionable, as determined by EEi and the sole discretion of EEi, and does not consist of or contain software viruses, political campaigning, commercial solicitation, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any information or content.

Information you post or submit will be held confidential by and within EEi to the same degree it is maintained on our own confidential information. Information you provide will be used internally with those who have a need to know to affectuate an action or response. EEi takes no responsibility and assumes no liability for any content posted by you or any third party.

Specific Notice Concerning Linking and Third Party Websites Content: EEi permits text links to the EEi website using the plain text name of the site or the plain text name of Electronic Enclosures, Inc.; provided that linking does not:

1. Incorporate, display, or replicate any content from the EEi Websites (e.g., by directly hosting EEi content or in-lining, framing or creating other browser or border environments around EEi content);
2. Use any of the EEi copyrighted information, logos, designs, slogans, product trademarks or service marks in or with such links unless otherwise expressly agreed by EEi in writing;
3. UPresent false or misleading information or impressions about EEi products or services;
4. Suggest that EEi promotes, endorses, or has any relationship with any third party or its opinions, website, products, or services unless otherwise expressly agreed by EEi in writing; or
5. Result from use of any automated programs, data mining, robots, scrapers, web crawlers, bots, or similar data gathering or extraction methods.

EEi may provide links to, or embedded content from, websites maintained by third parties. Such third party websites are not under EEi control and EEi is not responsible for the content, products, services or other materials on or available through such websites or the actions of the operators of such websites. EEi provides links and access to such third party websites only as a convenience and EEi does not endorse the content, products, services, or operators of such websites. Use of third party websites, features, and tools is governed by the applicable terms of use and privacy practices of such websites and services.

Business Uses of EEi Information: If you use EEi information on behalf of a business, that business accepts these terms and you represent and warrant that you are authorized to provide such acceptance on behalf of the business. Furthermore you and the business agree that it will hold harmless and indemnify EEi and its officers, agents, employees and representatives from any claim, suit or action arising from or related to the use of EEi information or violation of these Terms of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs, and attorneys’ fees.

Warranties and Disclaimers: EEi INFORMATION IS PROVIDED STRICTLY “AS IS” AND WITH “ALL FAULTS.” EEi MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO EEi INFORMATION OR USE OF EEi INFORMATION, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING FOR ACCURACY, COMPLETENESS, OR SECURITY. EEi DISCLAIMS ANY WARRANTY OF TITLE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUIET POSSESSION, AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO EEi INFORMATION OR USE THEREOF. EEi WILL NOT BE LIABLE FOR AND WILL NOT DEFEND OR INDEMNIFY YOU AGAINST ANY THIRD PARTY INFRINGEMENT CLAIM THAT RELATES TO OR IS BASED ON A COMBINATION OF ANY ITEMS OR PRODUCTS PROVIDED IN EEi INFORMATION. IN NO EVENT WILL EEi BE LIABLE FOR ANY ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, ACCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY AND WHETHER OR NOT EEi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY OUT OF EEi INFORMATION OR YOUR USE OF EEi INFORMATION.

EEi reserves the right to discontinue or to make corrections, enhancements, improvements, and other changes to EEi information, or its products or services at any time and in its sole discretion. You should obtain the latest relevant information before using EEi information or placing orders and should verify that such information is current and complete.

EEi may provide you with technical, applications, or design advice (including reference designs), quality characterization, reliability data, or other information or services. EEi assumes no liability and makes no representations or warranties regarding such information, services or items. You are solely responsible for your products and applications, including those using EEi products.

EEi does not warrant or represent that any license, either express or implied, is granted under any patent right, copyright, mask work right, or other intellectual property right relating to any combination, machine, or process in which EEi products or services are used. Information published by EEi regarding third-party products or services does not constitute a license to use such products or services or a warranty or endorsement thereof. Use of such information may require a license from a third party under the patents or other intellectual property of the third party, or a license from EEi under the patents or other intellectual property of EEi.

Resale of EEi products or services with statements different from or beyond the parameters stated by EEi for that product or service voids all express and any implied warranties for the associated EEi product or service and is an unfair and deceptive business practice. EEi is not responsible or liable for any such statements.

You are solely responsible for the design, validation, and testing of your applications as well as for compliance with all legal, regulatory, and safety-related requirements concerning your applications. Industry best practices generally require that you conduct qualification tests on actual applications taking into account possible environmental and other conditions that your application may encounter. You represent that, with respect to your applications, you have all the necessary expertise to create and implement safeguards that (i) anticipate dangerous consequences of failures, (ii) monitor failures and their consequences, and (iii) lessen the likelihood of failures that might cause harm, and to take appropriate remedial actions. You agree that prior to using or distributing any product or systems that include EEi products or services, you will thoroughly test such systems and the functionality of such EEi products as used in such systems.

You may not use any EEi products in life-critical medical equipment unless authorized officers of all parties have executed a separate contract specifically governing such use. Life-critical medical equipment is medical equipment where failure of such equipment would cause serious bodily injury or death (e.g., life support, pacemakers, defibrillators, heart pumps, neurostimulators, and implantables). Such equipment includes, without limitation, all medical devices identified by the U.S. Food and Drug Administration as Class III devices and equivalent classifications outside the U.S.A.

You will fully indemnify EEi and its its officers, agents, employees and representatives against any damages, costs, losses, and/or liabilities arising out of your non-compliance with this section.

Website Privacy Policies, Modification, and Severability: Please review our Privacy Policy, which also governs your use of EEi information, to understand our practices. We reserve the right to make changes to our website, its policies and these Terms of Use at any time without prior notice to you. When you visit EEi websites or use EEi information you are accepting the current version of these Terms of Use. These Terms of Use supersede all previous versions. 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.

Export Control Exports, re-exports, and transfers of EEi products, including technology, technical data, related technology, and the direct products thereof (collectively “EEi Products”) are subject to US export controls and sanctions, including, but not limited to, those administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”) (15 Code of Federal Regulations Parts 730-774), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations (31 Code of Federal Regulations Part 500), and also to other applicable export control laws and regulations of non-U.S. government agencies (collectively, “Export Controls”). Certain EEi information may also be subject to these Export Controls.

You acknowledge and agree that you will comply, and will ensure that your subsidiaries (as applicable) comply, with Export Controls as they relate to EEi Products and EEi information. You further acknowledge and agree that EEi Products and EEi information may not be exported, re-exported, transferred, or resold to a person or entity barred by the U.S. Government (collectively, “Denied Persons”) from participating in export activities. Denied Persons include, but are not limited to, those individuals or entities listed on the Commerce Department’s Denied Persons List, the Commerce Department’s Entity List, the Directorate of Defense Trade Controls’ List of Statutorily Debarred Parties, and the Treasury Department’s List of Specially Designated Nationals.

Unless prior authorization is obtained from BIS, OFAC, or any other responsible U.S. Government agency, neither you nor your subsidiaries shall (i) sell, export, re-export, transfer, resell or release, directly or indirectly, any EEi Products or EEi Information, or export, directly or indirectly, any direct or derivitive product of such EEi Product or EEi Information to any U.S. embargoed, sanctioned, or restricted destinations as defined in EAR Supplement No. 1 to Part 740, Country Group E, or to any entities or enterprises listed in EAR Supplement No. 4 to Part 744; or (ii) export, re-export, transfer, release, purchase, or resell any EEi Product or EEi Information for a military end-use or to a military end-user in a country listed in EAR Supplement No. 1 to Part 740, Country Group D1. “Military end-use” means incorporation into a military item described on the U.S. Munitions List (“USML”) (22 Code of Federal Regulations Part 121, International Traffic in Arms Regulations) or the International Munitions List (“IML”) (as set out on the Wassenaar Arrangement website at www.wassenaar.org); or commodities classified under Export Control Classification Numbers (“ECCNs”) ending in “A018” or under “600 series” ECCNs. “Military end-user” means the national armed services (e.g., army, navy, marine, air force, or coast guard), as well as the national guard and national police, government intelligence or reconnaissance organizations, Federal Law Enforcement Agencies or any person or entity whose actions or functions are intended to support a military end-use. You further acknowledge and agree that EEi Products and EEi Information may not be exported, re-exported, transferred, or resold, directly or indirectly, for the design, development, fabrication, or use of nuclear, chemical, or biological weapons or missile technology without U.S. Government authorization.

You also acknowledge and agree to observe all other applicable restrictions concerning other end-uses/end-users according to other laws and regulations (e.g., European Commission regulations or any other national regulations) with respect to your use of any EEi Products or EEi information.

The above lists of U.S. embargoed, sanctioned or restricted destinations, entities or Denied Persons are subject to change.

General: Any claim relating to EEi information will be governed by and interpreted in accordance with the laws of the State of California, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this website will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Los Angeles County, California. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

EEi operates or manages this website from a secured server of a third party. EEi makes no representations that EEi information referenced on this website are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws.

Effective as of: September 30, 2019