ELECTROSMART Ltd Website Agreement
The ELECTROSMART Web Site (the "Site") is an online information
service provided by ELECTROSMART Ltd ("ELECTROSMART "), subject
to your compliance with the terms and conditions outlined below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
By visiting our site you agree to the following conditions.
Modification of these Conditions of Use
Electrosmart reserves the right to change the terms, conditions,
and notices at any time, and such modifications shall be effective
immediately upon posting of such changes. Your continued access
of this website shall be deemed your conclusive acceptance of
the modified agreement. You are therefore responsible for regularly
reviewing these Conditions of Use and additional terms or notices
posted on the Electrosmart website.
also governs your visit to Electrosmart, to understand our practices
regarding the use and disclosure of your personal information.
1. Copyright, Licenses and Idea Submissions.
All copyrights and trademarks are owned by either ELECTROSMART,
its affiliates or other third party licensors.
The entire contents of this website, including but not limited
to: text, graphics, logos, button icons, Flash movies, images,
audio clips, digital downloads, data compilations, and software,
are the property of Electrosmart, its collaborators, affiliates
or other third party licensors, or its clients and are protected
by domestic and international copyright and trademark laws. You
may not modify, copy, reproduce, republish, upload, post, transmit,
or distribute any portion of the website contents without the
prior expressed written consent of Electrosmart. You may, however,
publish up to the first 150 words of any text article or blog
post, provided you do not alter or change the copy, and provided
you clearly link back to the source page on this Site for the
balance of it.
You may print or download portions of the materials from various
areas of this website solely for your own non-commercial use provided
that you agree not to change or delete any copyright or proprietary
notices from the materials. If you believe any content appearing
on our website constitutes a copyright infringement of another
parties rights, please contact us immediately to notify us of
this infringement. Your submissions of any files including, but
not limited to: resumes, email, Flash movies, images, logos, audio
loops, and other software hereby constitutes your agreement to
grant Electrosmart a non-exclusive, royalty-free, worldwide, sub-licensable,
perpetual license to reproduce, distribute, transmit, adapt, sub-license,
and publicly display any such submissions. You also grant Electrosmart
the right to utlilize your name in connection with all advertising,
marketing and promotional materials related thereto.
You agree to grant to ELECTROSMART a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to ELECTROSMART by all means and in any media now known
or hereafter developed. You also grant to ELECTROSMART the right
to use your name in connection with the submitted materials and
other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree
that you shall have no recourse against ELECTROSMART for any alleged
or actual infringement or misappropriation of any proprietary
right in your communications to ELECTROSMART.
License and Website Access:
You may not frame, or use any framing techniques to enclose
any trademark, logo, or other proprietary information (including
images, text, Flash movie, page layout, or form) of Electrosmart
without the express written consent of Electrosmart. You may not
use META tags or any other "hidden text" which utilize
Electrosmart, or any other derivative of our domain or company
name, or any of our product or service names without the express
written consent of Electrosmart. You are hereby granted a limited,
revocable, and nonexclusive right to create a hyperlink to the
home page of this Site so long as the link does not portray any
false, misleading, derogatory, or otherwise offensive matter.
It is further understood and agreed that Electrosmart cannot and
does not guarantee or warrant that files made available for downloading
through the Electrosmart website will be free of infection or
viruses, worms, Trojan Horses or other code that manifests contaminating
or destructive properties. It is your responsibility for implementing
sufficient safeguards and procedures to ensure that any files
obtained through Electrosmart are free from such contaminations.
Publications, products, content or services referenced
herein or on the Site are the exclusive trademarks or servicemarks
of ELECTROSMART. Other product and company names mentioned in the
Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products
or services clearly identified as being supplied by ELECTROSMART,
ELECTROSMARTdoes not operate, control or endorse any information,
products or services on the Internet in any way. Except for ELECTROSMART-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with ELECTROSMART
a. You also understand that ELECTROSMART cannot and does not guarantee
or warrant that files available for downloading through the Site
will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Site for
the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE
SITE AND THE INTERNET. ELECTROSMART PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE)
WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE
PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
ELECTROSMART SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS
SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE
AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. ELECTROSMART DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT
OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT
YOUR RISK. ELECTROSMART HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
Electrosmart makes every effort to ensure that the content it
presents is correct, however:
IN NO EVENT WILL ELECTROSMART BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ELECTROSMART OR
ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN SUCH STATES, ELECTROSMART LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
ELECTROSMART makes no representations whatsoever about any other
web site which you may access through this one or which may link
to this Site. When you access a non-ELECTROSMART web site, please
understand that it is independent from ELECTROSMART, and that
ELECTROSMART has no control over the content on that web site.
In addition, a link to a ELECTROSMART web site does not mean that
ELECTROSMART endorses or accepts any responsibility for the content,
or the use, of such web site.
You agree to indemnify, defend and hold harmless ELECTROSMART,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service),
and 3 (Indemnification) are for the benefit of ELECTROSMART and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without
notice at any time for any reason. The provisions of paragraphs
1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service),
3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
When you visit Electrosmart or send emails to us, you are communicating
with us electronically, and therefore you are consenting to receive
communications from us electronically or by other means available.
We will communicate with you electronically, by telephone, or by
facsimile. It is also understood that all agreements, disclosures,
notices, and other communications that we provide to you electronically
satisfy any legal requirement that such communication be in writing.
This Agreement shall all be governed and construed in
accordance with the laws of New Zealand applicable to agreements
made and to be performed in New Zealand. You agree that any legal
action or proceeding between ELECTROSMART and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a court of competent jurisdiction
sitting in New Zealand . Any cause of action or claim you may have
with respect to the Service must be commenced within one (1) year
after the claim or cause of action arises or such claim or cause
of action is barred. ELECTROSMART's failure to insist upon or enforce
strict performance of any provision of this Agreement 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 provision of this Agreement. ELECTROSMART may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
Updated 22 May 2012