IMPORTANT! THESE TERMS AND CONDITIONS (“TERMS AND CONDITIONS”) GOVERN YOUR USE OF THE ESSEX BROWNELL.COM WEBSITE (“WEBSITE”) PROVIDED BY SUPERIOR ESSEX INC. AND ITS SUBSIDIARIES AND AFFILIATES (THE “COMPANY”). BY ACCESSING AND/OR USING THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATIONS, THE FOLLOWING TERMS AND CONDITIONS.
Permitted Use. You have a nonexclusive, nontransferable, limited, revocable
right to use the Website for legal purposes. You will not use the Website
for any commercial purpose other than directly purchasing products or
services from Company, without the Company’s express prior written consent.
For example, You will not and will not authorize any other person to (i)
Co-brand the Website or portion thereof, or (ii) frame the Website or
portion thereof (whereby the Website or portion thereof will appear on the
same screen with a portion of another website). “Co-branding” means to
display a name, logo, trademark, or other means of attribution or
identification of any party in such a manner reasonably likely to give a
user the impression that such other party has the right to display, publish,
or distribute the Website or content accessible within the Website. You
agree to cooperate with the Company in causing any unauthorized Co-branding,
framing or linking to immediately cease. You may not post or transmit
through the Website any material which violates or infringes in any way upon
the rights of others, which is unlawful, threatening, abusive, defamatory,
libelous, invasive of privacy or publicity rights, vulgar, obscene, profane
or otherwise objectionable, which encourages conduct that would constitute a
criminal offense, gives rise to civil liability or otherwise violates the
law. The Company will fully cooperate with any law enforcement authorities
or court order requesting or directing the Company to disclose the identity
of anyone posting such information or materials.
Trademarks. The trademarks, logos, and
service marks (collectively the “Trademarks”) displayed on the Website are
registered and unregistered Trademarks of Company and its licensors, content
providers, and business partners. Nothing contained on the Website should be
construed as granting by implication, estoppels, or otherwise, any license
or right to use any Trademark displayed on the Website without the written
permission of the Company or such party that may own the Trademark. Your use
of the Trademarks displayed on the Website, or any other content on the
Website, except as provided in these Terms and Conditions, is strictly
prohibited. The Company will aggressively enforce its intellectual property
rights to the fullest extent of the law, including seeking criminal
prosecution.
Proprietary Information. The content accessible within the Website,
including without limitation, all articles, press releases, Trademarks,
graphics, charts, screen captures, clipart, text, links, product
specifications, product information, and other information (collectively,
the “Content”) is the proprietary information of the Company and its content
providers, and the Company and its content providers retain all right,
title, and interest in the Content. You will not remove, alter, or cause to
be removed or altered, any copyright, trademark, trade name, service mark,
or any other proprietary notice or legend appearing on any of the Content.
Indemnity. You will indemnify and hold the Company, its licensors, content
providers, service providers and contractors, and their employees, agents,
officers and directors (collectively the “Indemnified Parties”) harmless
from Your breach of these Terms and Conditions and Your use of Content other
than as expressly authorized in these Terms and Conditions. You agree that
the Indemnified Parties will have no liability in connection with any such
breach or unauthorized use, and agree to indemnify any and all resulting
loss, damages, judgments, awards costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify and
hold the Indemnified Parties harmless from and against any claims brought by
third parties arising out of Your use of the information accessed from the
Website.
Disclaimers. Your use of and browsing in the Website are at your sole risk.
THE WEBSITE AND ALL CONTENT ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, TITLE OR FITNESS FOR A
PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE OR ITS
CONTENT WILL BE ERROR FREE OR UNINTERRUPTED; NOR DOES THE COMPANY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE OR
CONTENT OR AS TO THE ACCURACY, COMPLETENESS, TRUTHFULNESS, RELIABILITY OF
ANY INFORMATION PROVIDED THROUGH THE WEBSITE. Some jurisdictions may not
allow the exclusions of certain implied warranties, so some of the above
exclusions may not apply to You. The Company does not guarantee or warrant
the files available for downloading from the Internet 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 Website for the reconstruction of any
lost data. The Company does not assume any responsibility or risk for Your
use of the Internet.
Limitation of Liability. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS,
CONTENT PROVIDERS, AND THEIR EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS
(COLLECTIVELY THE “COMPANY AND ITS AFFILIATES”) WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING
LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO
THE WEBSITE, CONTENTS OR INABILITY TO USE THE WEBSITE, OR OTHERWISE ARISING
IN CONNECTION WITH THIS WEBSITE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF
THE COMPANY AND ITS AFFILIATES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY
FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE, OR IF
YOU HAVEN’T MADE ANY PAYMENTS TO COMPANY, THEN THE LIABILITY OF COMPANY AND
ITS AFFILIATES SHALL NOT EXCEED $100. Some jurisdictions may not allow
certain limitation of liability, so some of the above limitations may not
apply to You.
License. By communication with the Company (by email or otherwise) or
participating in any discussion forum, You grant the Company an irrevocable,
non-exclusive, transferable and worldwide royalty-free right and license to
use, reproduce, modify, adapt, translate, publicly perform, and display,
distribute, sublicense, create derivative works from, and sell any
information, message, suggestion, idea or concept You communicate to the
Company or post on the Website (in whole or in part) for any purpose the
Company chooses, commercial, public or otherwise. Please review our Privacy
Statement to see how we collect and use personal information.
Links. This Website may contain hyperlinks to websites operated by third
parties other than the Company. Such hyperlinks are provided for Your
references only. The Company does not control such third party websites and
is not responsible for their content or the products and services offered on
the third party websites. The Company’s inclusion of the hyperlinks to such
websites does not imply any endorsement of the material on such website or
any association with their operations. Operators of the other websites may
not maintain links to this Website without the Company’s prior written
consent. The Company reserves the right to prohibit other websites from
linking to this Website.
Changes. The Company has the right at any time to change or discontinue any
aspect or feature of the Website. These Terms and Conditions are subject to
change by the Company at any time in its discretion. Your use of the Website
after such changes are implemented constitutes Your acceptance of the
changes. Please consult these Terms and Conditions regularly.
Online Purchases. We may provide you with the opportunity to make online
purchases through the Website, directly or through third party service
providers. You agree to pay in full the prices charged for your purchases,
at the time of your online order or by other payment means acceptable to us.
You agree to pay all applicable taxes, which may be added to the sales price
at time of purchase. If payment is not received from your credit or debit
card issuer or its agents, you agree to pay all amounts due upon demand by
us. All payments must be in U.S. dollars and all orders must comply with
applicable laws. Certain products that you purchase and/or download on or
through the Website may be subject to additional terms and conditions
presented to you at the time of such purchase or download. We reserve the
right to correct any errors or mistakes in pricing or item descriptions,
even if you have already submitted an order. We may change our prices and
terms of sale at any time. Sales made through our Website are also subject
to the Terms and Conditions of Sale, which should be consulted prior to
placing an order.
Right to Monitor Use of Website and Prescribe Purchasing Conditions. We also
reserve the right to monitor and/or review all uses of the Website,
including any orders placed through the Website. We may also impose limits
on certain products, purchases or features of the Website or ecommerce
functions, and/or restrict your access to part or all of the Website without
notice. We reserve the right to manage the Website as we determine is
appropriate to protect our rights and property, as well as the rights and
property of others, and to ensure the proper functioning of the Website. WE
RESERVE THE RIGHT TO DENY ACCESS TO AND/OR USE OF THE WEBSITE AND SERVICES,
TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, IN OUR SOLE
DISCRETION. WE ALSO RESERVE THE RIGHT TO TERMINATE ANY USER OR USE, OR BLOCK
ANY USER OR IP ADDRESS, AND DELETE ANY USER PROFILE AND/OR CONTENT AT ANY
TIME, WITHOUT NOTICE, IN OUR SOLE DISCRETION.
Miscellaneous. The Section headings of these Terms and Conditions are for
ease of reference only and shall not be admissible in any action to alter,
modify or interpret the contents of any Section hereof. If any Section or
provision of these Terms and Conditions are held illegal, unenforceable or
in conflict with any law by a court of competent jurisdiction or arbitral
tribunal, such Section or provision shall be deemed severed from these Terms
and Conditions and the validity of the remainder of these Terms and
Conditions shall not be affected thereby. These Terms and Conditions shall
be governed by and construed in accordance with the laws of Georgia
applicable to contracts made and to be enforced wholly within such state.
The waiver by either party of any provision of these Terms and Conditions on
any occasion and upon any particular circumstances shall not operate as a
waiver of such provision of these Terms and Conditions on any other occasion
or upon any other circumstances. These Terms and Conditions may be waived
and amended only in writing signed by both You and the Company.
Export Restrictions. The export from the United States of certain products
requires a valid export license issued by the U.S. Department of State or
the U.S. Department of Commerce, depending on the nature of the items
involved. Further, U.S. laws and regulations forbid the exporting or
transfer of some items to certain countries, persons or jurisdictions. It is
your responsibility to ascertain whether any such restrictions or
requirements apply to them or any products they propose to order through
this Website, their intended use of any Services, and to comply with all
applicable restrictions and requirements.
Questions and Contact Information. If You have any questions, concerns or
comments about these Terms and Conditions, please send an email to
superior_essex@spsx.com or contact us at 770-657-6436. You can send written
comments to: Superior Essex Inc., 5770 Powers Ferry Rd. NW, Suite 400,
Atlanta, GA 30327.
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