TERMS AND CONDITIONS
By your use of the Web site of Etna Products Incorporated (the “Company” and the “Site”), you hereby agree to be bound by the following Terms and Conditions (this “Agreement”). If you do not agree with any of these terms, you are prohibited from using or accessing the Site.
1. Intellectual Property. The materials contained in this website are protected by applicable copyright and trademark law. Permission is granted to temporarily download one copy of the materials (documents (pdf, text, etc.), information, or certain authorized applications) on the Site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
a. modify or copy the materials;
b. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
c. attempt to decompile or reverse engineer any software contained on the Site;
d. remove any copyright or other proprietary notations from the materials; or
e. transfer the materials to another person or “mirror” the materials on any other server.
2. Termination of License. This license shall automatically terminate if you violate any of these restrictions and may be terminated by the Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Disclaimer. The materials on the Site are provided “as is.” The Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
4. Limitations. In no event shall the Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Site, even if the Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata. The materials appearing on the Site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on its website are accurate, complete, or current. The Company may make changes to the materials contained on its web site at any time without notice. The Company does not, however, make any commitment to update the materials. The Site may not be available at all times. You agree the Company will not be held liable if the Site is unavailable at any time. The Company does not accept liability for technical, hardware, or software failures of any kind or lost or unavailable network conditions which may limit or prohibit your opportunity to use the Site.
6. Links. The Company has not reviewed all of the sites linked to its Internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Company of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law. If there is a lawsuit relating to this Agreement or the Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within Cuyahoga County, Ohio, USA. The terms of this Agreement and the relationship between you and the Company will be governed by Ohio law, without regard to conflicts of state law.
9. DMCA Notice. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
Stephen E. Pigott
Cavitch, Familo & Durkin Co., L.P.A.
1300 East Ninth Street
Cleveland, OH 44114
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
10. Indemnity. You agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your violation of this Agreement, or your actions that harm the rights of another person or entity. In no event will the Company be liable for any damages whatsoever, including special, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data as a result of claims, whether brought in contract or tort, arising out of or connected with the Site.
11. Miscellaneous. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement will remain in full force and effect. You hereby acknowledge a breach of this Agreement would cause irreparable harm and significant injury to the Company that may be difficult to ascertain and that a remedy at law would be inadequate. You agree that, notwithstanding anything to the contrary, the Company shall have the right to seek and obtain immediate injunctive relief in any court of competent jurisdiction, without the posting of a bond, to enforce the obligations under this Agreement in addition to any other rights and remedies it may have. The Company will provide notice to you, when necessary, at the e-mail address you may provide. It is your responsibility to notify us of any change in e-mail address and to ensure that our notices are not deposited into a “junk” or “spam” folder. Notice to the Company may be provided via e-mail to [email protected] or U.S. mail to PO Box 23609, 16924 Park Circle Drive, Chagrin Falls, Ohio 44023. This Agreement constitutes the entire and only agreement between you and the Company with respect to the Site, and supersede all other communications and agreements with respect to the subject matter addressed in this Agreement. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. By accepting this Agreement, you waive the right to a jury trial and agree to arbitration in resolving any and all disagreements. The section headings used herein are for convenience only and shall not be given any legal import.