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
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.