Bruce & Merrilees Electric Co. Terms of Use
PLEASE READ THESE TERMS OF USE, INCLUDING OUR PRIVACY POLICY, BECAUSE TOGETHER THEY CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BRUCE & MERRILEES ELECTRIC CO.
Bruce & Merrilees Electric Co. (“B&M”, “we”, “us” or “our”) operates a Web site and provides services from time to time on the Web site located at www.bruceandmerrilees.com (the “Site”). In general, you can visit or browse the Site without telling us who you are or revealing any personally identifiable information about yourself.
Please read these Terms of Use
carefully, because by using our Site, downloading or installing any Content
available from or through our Site (or attempting to do any of these) you agree
to be bound by and comply with these Terms of Use, which include and
incorporate our Privacy Policy. When
we refer to our Terms of Use, it includes our Privacy Policy.
Content
The contents of our Site, including information,
text and graphics, photographs and all other material contained on the Site or
features and functions we make available on our Site ("Content") are
for your personal information only. We authorize you to view or download a
single copy of the Content for your personal, non-commercial use and the
Content may not be altered, modified, displayed, printed or used otherwise. Furthermore, you must not delete, modify, or
alter any copyright or other notice we place on any Content and such copyright
or other notice must be included in your authorized use of the Content. Content is owned by us or our licensors and
is protected by copyright, trademark and other laws and regulations of the
United States and foreign laws. You may
not use Content in any way not expressly permitted by these Terms and Conditions. If you do, your right to use the Content will
automatically terminate. Content and the Site generally, are subject to change
or termination without notice. All
rights not expressly granted herein are reserved by Bruce & Merrilees
Electric Co.
Limitation of Warranty and Liability
The use of the Site and Content is at your own
risk and are provided "as is." Transmissions over the Internet and
communications networks are not in our control and can never be completely
secure. Accordingly, we cannot and shall
not be liable for any delay, failure, interruption, compromise or corruption of
any data or other information transmitted in connection with use of the Site,
including information you provide to us or our Site.
TO THE FULLEST EXTENT PERMITTED BY LAW, BRUCE
& MERRILEES ELECTRIC CO. AND THE SITE DISCLAIM ALL WARRANTIES, EXPRESS AND
IMPLIED, STATUTORY AND OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
In no event shall we, the
Site, our licensors, suppliers and Content providers be liable for any damages,
including, without limitation, direct, indirect, incidental, consequential,
special, exemplary and special damages or damages resulting from lost data or
business interruption, regardless of the form of action or the basis of the
claim, whether based on warranty, contract, tort, strict liability or any other
legal theory, and whether or not a party has been advised of the possibility of
damages. If, for any reason, B&M
shall be found to be liable, our aggregate liability to you or any other party
or parties claiming with, under or through you, shall be limited to One Hundred
Dollars (U.S. $100.00), notwithstanding any claim that such remedy fails of its
essential purpose. No claim or action
arising from or concerning the Site, Content or otherwise hereunder may be
brought later than one (1) year from the date the claim or cause of action
arose.
Some jurisdictions do not allow the disclaimer of
certain types of damages or liability in whole or in part with respect to
consumer agreements and although the exclusions, limitations and disclaimers in
these Terms of Use shall always be construed to take full advantage of their
meaning to the extent permitted by law, you should consult your own legal
advisor should you wish to determine the laws and regulations that apply to
you.
User Submissions
The Personal Information you submit to the Site is
governed by the Site’s Privacy Policy which is incorporated into
these Terms of Use and forms a part of your agreement with us. When we use the term “Personal
Information” we mean information such as your first/middle
initial or name and last name, street address, town or city, state, zip code,
telephone number, email address, gender and any other information that would
allow someone to identify you or contact you.You agree you will not send, upload or transmit
any communication or content of any type to the email address listed on the "Contact
Us" link that infringes or violates any rights of any
party or violates these Terms of Use. By
submitting or otherwise exchanging communications or content, including,
without limitation, any personal or commercial information, idea, concept or invention
(individually and collectively, “User Content”), you agree that
such User Content will not be considered or treated as confidential and
(i) you acknowledge and understand others may see, read, use or re-transmit
such User Content, (ii) you explicitly represent and warrant that you are the
owner of such User Content or have all rights and licenses necessary regarding
such User Content and (iii) that Bruce & Merrilees Electric Co. is
granted a royalty-free, perpetual, irrevocable, unrestricted world-wide
nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, adapt, transform, distribute, transmit, broadcast,
perform and display such User Content in any media or medium, or any form,
format, or forum now known or hereafter developed. B&M may sublicense its rights through
multiple tiers of sublicenses.
Advertisements, Searches, and Third Party
Links
The Site may provide third-party advertising or
content, or links to third-party Web sites on the Site. B&M does not recommend, monitor, control
or endorse any third party advertising or content that may be available on the Site, or the content on any third-party Web sites and is not
responsible for such third-party Web sites’ terms of use or privacy policies or
how they may treat your information. Your use of third-party Web sites is at your own risk.
Indemnification
You agree to defend, indemnify, and hold Bruce
& Merrilees Electric Co. its officers, directors, employees, agents,
licensors and suppliers, harmless from and against any claims, actions or
demands, liabilities and settlements including without limitation, reasonable
legal and accounting fees, resulting from, or alleged to result from, your
violation of these Terms and Conditions.
General
Bruce & Merrilees Electric Co. is based in the
Commonwealth of Pennsylvania, in the United States of America. B&M makes no claims that the Site, any
Content or User Content are appropriate or may be transmitted, used or
installed outside of the United States. Access may not be legal by certain persons or in certain countries. If you access the Site from outside the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
Any terms or conditions in these Terms of Use that
must survive to give effect to their meaning, shall survive the termination,
expiration or cancellation of these Terms of Use.
Law that Applies; Interpretation and Modification
You expressly agree and personally submit to the
exclusive jurisdiction of the courts of the Commonwealth of Pennsylvania, to
adjudicate and resolve any dispute with Bruce & Merrilees Electric Co., its
affiliates, subsidiaries, employees, contractors, officers, directors,
telecommunication providers and Content providers or in any other way relating
to the Site, including, Content or User Content. YOU HEREBY IRREVOCABLE WAIVE YOUR RIGHT TO A
JURY TRIAL OR TO CLAIM THAT THE COMMONWEALTH OF PENNSYLVANIA IS AN INCONVENIENT
FORUM TO HEAR CLAIMS AND DISPUTES.
These Terms of Use are governed by the substantive
laws of the Commonwealth of Pennsylvania, without respect to its conflict of
laws principles. If any provision of
these Terms of Use is found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of
the remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any
of these Terms and Conditions shall be deemed a further or continuing waiver of
such term or condition or any other term or condition. We may modify these Terms of Use, including
our Privacy Policy, at any time and although we will generally try and provide
at least 30 days’ advance notice of the effective date of any material
modification, if we do not provide advance notice, the modification will take
effect when we post the change on our Site. Accordingly, we urge you to check back frequently so that you are aware
of the terms and conditions that apply to you.
Copyright Violations
If you believe any Content located on the Site
infringes your copyright, you may request removal of those materials from our
Site by contacting our designated copyright agent (identified below) and
providing the following information:
1.
Identification
of the copyrighted work that you believe to be infringed. Please describe the work and where possible
include acopy or the location (e.g., URL) of an authorized version.
2.
Your
name, address, telephone number and (if available) e-mail address.
3.
A
statement that you have a good faith belief that the use of the Content you
notify us about is not authorized by the copyright owner, its agent or the law.
4.
A
statement that the information that you have supplied is accurate and that
"under penalty of perjury" you are the copyright owner or are
authorized to act on the copyright owner's behalf.
5.
A
signature or the electronic equivalent from the copyright holder or authorized
representative.
Our agent for copyright issues relating to this
Site is:
Stephen Miller
Attn: Office of Privacy
930 Cass St.
New Castle, PA 16101
E-mail: smiller@bruceandmerrilees.com
Or call: 724-652-5566
Complete Agreement
These Terms of Use, our Privacy Policy and any other terms or conditions of which we notify you apply to
you or any of your activities with respect to the Site and constitute the
entire agreement between you and Bruce & Merrilees Electric Co. regarding
the Site and supersedes any and all other terms, representations, promises or
discussions. Only B&M has the
authority to agree to amendments to these Terms of Use, and to be considered
binding, any amendments must be in writing and executed by Bruce &
Merrilees Electric Co.
Questions or comments regarding
this Site, including reports of non-functioning links, should be submitted
using our “Contact Us” form or via U.S. mail to: 930 Cass St.,
New Castle, PA 16101
Last Updated: February 14, 2008