Site Terms
Effective 09.28.2011
Please read these terms and conditions of use (“Terms of Use”) carefully. By accessing and using this website you are agreeing to be bound by these Terms of Use, including our Privacy Policy. If you do not agree to these Terms of Use, please do not use this website.
Changes to Terms of Use
We may change the Terms of Use at any time by posting revisions with a new effective date. Your continued use of the website after a posted change in the Terms of Use is your agreement to the revised Terms of Use. You should review the Terms of Use from time to time to make sure that you are aware of the current Terms of Use.
Permitted Uses; Limited License
You are granted a limited, non-exclusive, revocable and non-transferable license to access the website pursuant to these Terms of Use. We may change, suspend, or discontinue any aspect of the website at any time. We may also, without notice or liability, impose limits on certain features and services or restrict or deny your access to all or portions of the website. Except as expressly provided in these Terms of Use, you shall have no right to directly or indirectly own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the website, or any of its contents, in whole or in part. You are only authorized to visit, view, and retain a copy of pages of the website for your own use in doing business with us. You agree that you shall not duplicate, download, publish, modify or otherwise distribute the material on the website for any other purpose. You also agree not to deep-link to the website for any commercial purpose, unless specifically authorized by us to do so. You may not use this website for any commercial purpose, such as to offer sales of merchandize or services, whether by advertising, solicitations, links, or any other form of communication, without prior written authorization by us.
Term; Termination
We may limit or terminate your use of this Site at any time, for any reason or no reason, in our sole discretion. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Representation by You
By accessing or using the website, you represent and warrant that you are at least 18 years old.
Copyright
The entire content of this website, including but not limited to text, graphics or code, is copyrighted as a collective work under the United States and other copyright laws, and is our property. Permission is granted to electronically copy and print hard copy portions of this website for the sole purpose of doing business with us. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the website solely for that purpose. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this website is strictly prohibited, unless specifically authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the website.
All trademarks, service marks and trade names used in the website, (including but not limited “Emcor”) and the associated logos, are our trademarks or registered trademarks.
Warranty Disclaimer
YOU EXPRESSLY AGREE THAT THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EMCOR ENCLOSURES, OUR SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE, THE MATERIALS ON THIS WEBSITE, OR THE INFORMATION AVAILABLE THROUGH THIS WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Choice of Law; Jurisdiction; Venue
Your use of this website shall be governed in all respects by the laws of the State of Minnesota, U.S.A., without regard to conflicts of laws principles. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this website shall be in the state or federal courts located in Rochester, Minnesota. You further agree and submit to the exercise of personal jurisdiction over you by such courts for the purpose of litigating any such claim or action.
Limitation on Period to Bring Claims
Any cause of action or claim you may have with respect to the website must be commenced within one (1) year after the claim or cause of action arises.
Waiver, Estoppel
Our failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.
Assignment and Delegation of Rights
We may assign our rights and delegate our duties under these Terms of Use to any person at any time without notice to you.
Misuse of Website
Harassment in any manner or form on the website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Emcor Enclosures employee, host, or representative, or other members or visitors on the website is prohibited. You may not upload to, distribute, or otherwise publish through the website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or other organization.
Indemnification
You agree to indemnify, defend, and hold harmless Emcor Enclosures, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the website using your account.
Third-Party Links
This Site may link to websites operated by third parties. However, even if the third party is affiliated with Emcor Enclosures, Emcor Enclosures has no control over those linked websites, any of which may have separate terms and conditions of use and/ or privacy and data collection practices independent of those of Emcor Enclosures. Those linked websites are only for your convenience and therefore you access them at your own risk. Nonetheless, Emcor Enclosures seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own website, but websites it links to as well (including if a specific link does not work).
Privacy Policy
Our Privacy Policy is part of these Terms of Use.
Complete Agreement
These Terms of Use (including our Privacy Policy) constitute the entire agreement between you and us with respect to the website and supersedes all prior or contemporaneous communications and proposals between you and us with respect to the website. If any provision of these Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect..