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Terms and Conditions

TERMS & CONDITIONS

Grant: You are granted a non-exclusive, non-transferrable, revocable, limited license to access and use this Website on any single computer for personal, non-commercial use.

EIJ INDUSTRIES, INC. may terminate this license without notice at any time and for

Limitations: You agree that you will not:

(a) use this Website for any commercial or political purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, or selling products);

(b) monitor, gather, or copy content on this Website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind;

(c) frame or utilize framing techniques to enclose any Trademark or other proprietary information (including, without limitation, any images, text, or page layout);

(d) use any meta tags or any other “hidden text” utilizing any Trademarks;

(e) engage in any activities through or in connection with this Website that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, or abusive, or that violate any right of any third party; or

(f) engage in any activity that interferes with a user’s access to this Website or the proper

operation of this Website. You also agree that, in using this Website, you will not

impersonate any person or entity.

Intellectual Property Rights. Nothing herein shall be construed to confer any license or

right, by implication, estoppel or otherwise, under copyright or other intellectual property

rights. You acknowledge that this Website is protected by copyrights, trademarks,

service marks, patents and other proprietary rights and laws.

Registration. Certain sections of this Website require registration to access and use

information and services. If you elect to register, you agree to provide EIJ INDUSTRIES,

INC. with accurate, complete registration information. You will inform EIJ

INDUSTRIES, INC. of any changes to registration information. You warrant that

registration is for a single person only, and that you will not permit anyone other than

yourself to access and use sections of this Website requiring registration using your name

and password. You are responsible for all access to and use of this Website through your

name and password, including access of any services the use of which results in monetary

charges to you, whether or not you have knowledge of or authorizes such access and use.

You will notify EIJ INDUSTRIES, INC. immediately of any unauthorized use of your

name and password, or if you suspect the privacy of your name and password has been

NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of this Website,

you will not use the Website for any purpose that is unlawful or prohibited by these

terms, conditions, and notices. You may not use the Website in any manner that could

damage, disable, overburden, or impair any EIJ INDUSTRIES, INC. server, or the

network(s) connected to any EIJ INDUSTRIES, INC. server, or interfere with any

other party’s use and enjoyment of the Website. You may not attempt to gain

unauthorized access to the Website, other accounts, computer systems or networks

connected to any

EIJ INDUSTRIES, INC. server, through hacking, password mining or any other means.

You may not obtain or attempt to obtain any materials or information through any means

not intentionally made available through the Website.

Linked Third Party Sites. Links to other websites operated by third parties, including EIJ

INDUSTRIES, INC.’s suppliers and vendors, do not constitute sponsorship,

endorsement, or approval by EIJ INDUSTRIES, INC. of the content, policies, or

practices of such linked sites. Linked websites are not operated, controlled, or maintained

by EIJ INDUSTRIES, INC., and EIJ INDUSTRIES, INC. is not responsible for the

availability, content, security, policies, or practices of linked websites, including without

limitation privacy policies and practices. Links to other websites are provided for your

convenience only, and you access them at your own risk.

Force Majeure. EIJ INDUSTRIES, INC. or its suppliers performance under these Terms

and Conditions of use are subject to interruption and delay due to causes beyond their

reasonable control, such as acts of God, acts of any government, war or other hostility,

civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or

labor dispute, inability to obtain necessary supplies and the like.

Procedure for Alleging Copyright Infringement. EIJ INDUSTRIES, INC. will respond

appropriately to notices of alleged copyright infringement that comply with the U.S.

Digital Millennium Copyright Act (“DMCA”), as set forth below. If you own copyrights

in a work and believe that your intellectual property rights in that work have been

infringed by an improper posting or distribution of it via this Website, then send us a

written notice that includes all of the following:

i. (i) a legend or subject line that says: “DMCA Copyright Infringement Notice”;

ii. (ii) a description of the copyrighted work that you claim has been infringed;

i. (iii) the URL of the site and a description of where the material that

you claim is infringing is located on that site;

i. (iv) your address, telephone number, and e-mail address;

i. (v) a statement by you that you have a good faith belief that the alleged

infringing material is not authorized by the copyright owner, its agent, or the law;

i. (vi) a statement by you, made under penalty of perjury, that all the

information in your notice is accurate, and that you are the copyright owner (or, if you

are not the copyright owner, then your statement must indicate that you are authorized

to act on the behalf of the owner of an exclusive right that is allegedly infringed); and,

i. (vii) your electronic or physical signature.

EIJ INDUSTRIES, INC. will only receive DMCA notices by mail at the addresses below:

EIJ INDUSTRIES, INC.

1428 Sherman Road

Romeoville, IL 60446

EIJ INDUSTRIES, INC. may elect to not respond to DMCA notices that do not comply

with all of the foregoing requirements, and EIJ INDUSTRIES, INC. may elect to remove

allegedly infringing material that comes to its attention via notices that do not comply

with the DMCA. If you have additional questions you may telephone EIJ INDUSTRIES,

INC. at 630-759-7522

Indemnity. You agree to indemnify, defend, and hold harmless EIJ INDUSTRIES, INC.

(which includes EIJ INDUSTRIES, INC.’s affiliates, subsidiaries, vendors and suppliers)

and its officers, employees, agents, business partners, licensors, and licensees from any

damages, liabilities, costs, and expenses (including reasonable attorneys’ fees, expert

witness fees, stenographer/deposition fees and court costs) on account of any claim, suit,

action, demand, or proceeding made or brought against any such party, or on account of

the investigation, defense, or settlement thereof, arising in connection with your use of

this Website. The foregoing indemnification obligation shall survive termination of these

Terms and Conditions and the Website.

Operation of Website. EIJ INDUSTRIES, INC. shall also have the right without notice

and at any time, for any reason, to discontinue operation of the Website or any portion

thereof, or any products or services offered through the Website, or to terminate your

right to access or use the Website or any portion thereof or your account, including for

any conduct that we, in our sole discretion, believe is in violation of any applicable law or

is harmful to the interests of another user or EIJ INDUSTRIES, INC. or its suppliers.

Revisions to this Website and this User Agreement. EIJ INDUSTRIES, INC. may, in its sole

discretion, make changes to any aspect of this Website, including, without limitation, any

content, any activities available on this Website, and any products or services offered through

this Website. EIJ INDUSTRIES, INC. may also, in its sole discretion, revise this User

Agreement by updating or revising this document, with the revised terms taking effect as of

the date of its posting. Continued use of this Website following the effective date of any such

changes constitutes your acceptance of those changes.

Operation of Website; Availability of Products and Services. EIJ INDUSTRIES, INC.

controls and operates this Website from its headquarters in Wheaton, Illinois in the

United States of America, and EIJ INDUSTRIES, INC. makes no representation that this

Website is appropriate or available for use beyond the United States of America. If you

use this Website from other locations, you are responsible for compliance with

applicable local laws. Although EIJ INDUSTRIES, INC. products and services are

available in many parts of the world, this Website may describe products and services

that are available only in the United States of America (or only parts of it) and are not

available worldwide.

Jurisdiction, Venue, and Alternative Dispute Resolution. Any controversy or claim relating

to this Website, the content, or this User Agreement not otherwise resolved between you

and EIJ INDUSTRIES, INC. will be settled solely by binding arbitration in

accordance with the Commercial Arbitration Rules of the American Arbitration

Association (“AAA”), administered in accordance with the AAA’s Supplementary

Procedures for Consumer-Related Disputes. Any such controversy or claim will be

arbitrated on an individual basis, and will not be consolidated in any arbitration with any

claim or controversy of any other party. The arbitration will be conducted in Wheaton,

Illinois, and judgment on the arbitration award may be entered into any court having

jurisdiction of it. Any claim or cause of action that you may have with respect to this

Website, the content, or these Terms and Conditions must be commenced within one year

after the claim or cause of action arises or it will be forever barred. Any action or

proceeding by EIJ INDUSTRIES, INC. relating to your access to, or use of, this Website

or any content in accordance with this paragraph shall be instituted in state or federal

court in DuPage County, Illinois. Accordingly, you consent to the personal jurisdiction

and exclusive venue of the courts in DuPage County, Illinois with respect to all matters

relating to your access to or use of this Website and the content and waive your rights to

removal or consent to removal. This User Agreement will be governed by and construed

in accordance with the laws of the State of Illinois, without regard to its conflicts of law

provisions. The foregoing provisions of this paragraph will not apply to any legal action

taken by EIJ INDUSTRIES, INC. to recover damages for, or seek an injunction in

connection with, any loss, cost, or damage (or any potential loss, cost, or damage)

relating to this Website, any content, EIJ INDUSTRIES, INC. operations, and/or EIJ

INDUSTRIES, INC.’s products or services caused by your act or failure to act.

Severability. If any provision of these terms and conditions are deemed unlawful, void,

or unenforceable for any reason, then that provision will be deemed severable from the

remainder of these terms and conditions and will not affect the validity or enforceability

of the remainder of these terms and conditions.

Copyright Notice. All of the content you see and hear on this Website, including, for

example, all of the page headers, images, illustrations, graphics, audio clips, video clips

and text, are subject to trademark, service mark, trade dress, copyright and/or other

intellectual property rights or licenses held by EIJ INDUSTRIES, INC., one of its

affiliates or by third parties who have licensed their materials to EIJ INDUSTRIES,

INC. The entire content of this website is copyrighted as a collective work under U.S.

copyright laws, and EIJ INDUSTRIES, INC. owns a copyright in the selection,

coordination, arrangement and enhancement of the content.

You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or

create derivative works from the content without first obtaining written permission from

EIJ INDUSTRIES, INC.

No right, title or interest in any downloaded materials is transferred to you as a result of

any downloading. EIJ INDUSTRIES, INC. reserves complete title and full intellectual

property rights in any content you download from this website.

Correction of Errors and Inaccuracies; Limitations on Quantity; Returns; Risk of Loss.

The information on this Website may contain typographical errors or inaccuracies and

may not be complete or current. We therefore reserve the right to correct any errors,

inaccuracies or omissions and to change or update information at any time without prior

notice (including after you have submitted your order). Please note that such errors,

inaccuracies or omissions may relate to product description, pricing and availability. We

also reserve the right to limit quantities (including after you have submitted your order).

We apologize for any inconvenience this may cause you. The risk of loss and title to

items purchased from EIJ INDUSTRIES, INC. pass to the purchaser upon our delivery

to the carrier.

DISCLAIMERS –– GENERAL

EIJ INDUSTRIES, INC. DISCLAIMS ANY AND ALL REPRESENTATIONS

AND WARRANTIES WITH RESPECT TO THIS WEBSITE AND ITS

CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY,

INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR

WITHOUT LIMITING THE FOREGOING, EIJ INDUSTRIES, INC. DISCLAIM

ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY

MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT

APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE

MANUFACTURER OF THE ITEM, IF ANY.

WITHOUT LIMITING THE FOREGOING, EIJ INDUSTRIES, INC. DOES

NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS

WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR

CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT

INTERRUPTION OR ERROR.

WITHOUT LIMITING THE FOREGOING, EIJ INDUSTRIES, INC.

DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS

OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS

ORIGINATE FROM THE MANUFACTURER OF THE ITEM.

EIJ INDUSTRIES, INC. DO NOT ENDORSE NOR MAKE ANY WARRANTIES

OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR

DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE

OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY

WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO

OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO

MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR

COMMUNICATIONS WITH ANY OTHER WEBSITE.

EIJ INDUSTRIES, INC. MAKES NO REPRESENTATION THAT

CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR

APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED

EIJ INDUSTRIES, INC. ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR

USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL EIJ INDUSTRIES, INC. OR ANY OF

THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR

SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR

DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR

INABILITY TO USE THIS WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO

ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL,

CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING,

WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER

IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN

AUTHORIZED REPRESENTATIVE OF EIJ INDUSTRIES, INC. HAS BEEN

ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON

THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE

AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE

OF THE WEBSITE IS AT YOUR SOLE RISK.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY

SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT

APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS

FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN

THE AGGREGATE LIABILITY OF EIJ INDUSTRIES, INC. UNDER SUCH

CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE

BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

ENFORCEMENT OF TERMS AND CONDITIONS

BY ACCESSING AND USING THE WEBSITE, YOU AGREE THAT YOUR

ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS

AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED

AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF

ILLINOIS, UNITED STATES OF AMERICA.