Disclaimers and Limitation of Liability
By using the EMCI Web site, you expressly agree that use of the EMCI Web site is at your sole risk. The EMCI Web site is provided on an “AS IS” and “As Available” basis. Neither EMCI nor its affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the EMCI Web site will be uninterrupted or error-free. Neither EMCI nor its Associates warrant the accuracy, integrity or completeness of the content provided on the EMCI Web site or the products or services offered for sale on the EMCI Web site. Further, EMCI makes no representation that content provided on the EMCI Web site is applicable to, or appropriate for use in, locations outside of the United States. EMCI and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by EMCI or its Associates shall create a warranty (Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you).
Under no circumstances shall EMCI or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the EMCI Web site, including but not limited to reliance by you on any information obtained from the EMCI Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of EMCI has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content and services available through the EMCI Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Errors on Our Site
Products and services are subject to change without notice. Errors will be corrected where discovered, and EMCI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omission.
Termination of Use
EMCI may, in its sole discretion, terminate your account or your use of the EMCI Web site at anytime. EMCI reserves the right to change, suspend or discontinue all or any aspects of the EMCI Web site at any time without prior notice.
Confidentiality and EMCI Intellectual Property
All EMCI products, information, and intellectual property are protected by copyright and trademark law. EMCI takes infringement very seriously and prosecutes all instances of patent, copyright and trademark infringement to the fullest extent allowable under the law. Each product and service offered through the EMCI Web Site specifies appropriate usage rights. Under no circumstances shall EMCI products, information, or intellectual property be used for any other purpose than that specified in the product agreement.
All patents, copyrights, trademarks, and rights to EMCI products, information, and intellectual property shall remain the property of EMCI.
Should you violate an EMCI patent, copyright or trademark, EMCI shall have the right to request that you discontinue all use of products, information and intellectual property. Upon receipt of such written request, you shall immediately discontinue all use and shall not thereafter exploit or use the information or intellectual property in any way. Your discontinued use of our products, information, and intellectual property, while required, shall not prevent EMCI from seeking legal remedy for infringement.
Refusal of Service
EMCI reserves the right to refuse, cancel, or suspend service at our sole discretion.
By accessing this website and the information contained therein, you agree with EMCI that any claim you may have against EMCI in contract, tort or otherwise in respect of any information or advice expressly or impliedly given on this website, or in respect of any inaccuracy herein or omission herefrom, shall be governed by the laws of the State of Kansas, U.S.A., without regard to its conflicts of laws rules.
EMCI encourages the use of HYPERLINKS to its Internet Site upon agreement to the following Terms and Conditions:
- Although EMCI makes every reasonable effort to ensure that the information provided on the EMCI Web Site represents complete, current and accurate information, EMCI makes no warranty as to the accuracy or completeness of such information;
- EMCI , its subsidiaries, affiliates, agents and employees shall not be liable for any technical inaccuracies, transmission errors, typographical errors, or any other errors or omissions in the content of the EMCI Web Site;
- The contents of the EMCI Web site are the subject of intellectual property rights reserved by EMCI. Except for the permission herein granted, nothing contained herein shall be construed as conferring on the user in any manner any license, title or ownership of or interest in any intellectual property right of EMCI;
- EMCI prohibits the modification of or tampering with any information contained on the EMCI Web Site without the written permission of EMCI;
- EMCI may change or update the information posted on the EMCI Web site at any time without notice;
- EMCI may improve, update or otherwise change the products and designs described on the EMCI Web Site at any time without notice;
- EMCI, its subsidiaries, affiliates, agents and employees make no representations about the suitability for any purpose of the information contained in the documents, graphics, and other materials published on the EMCI Web site;
- EMCI publishes all documents, graphics, and other materials on its Internet site “as is” without warranty of any kind, including but not limited to implied, expressed or statutory warranties;
- EMCI prohibits the use of the EMCI logo directly on or closely associated with products or services in such a way as to imply that the products themselves are certified, authorized, recommended or in any way endorsed by EMCI;
- EMCI reserves the right to prohibit the use of logos which are unacceptable to EMCI in close proximity or association with the EMCI logo; and
- EMCI, its subsidiaries, affiliates, agents and employees are in no way liable for any direct, consequential, incidental, special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits, loss of business information or business interruption in any way resulting from the use of the EMCI Web Site.