PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE YOU USE THIS WEBSITE. BY USING THIS WEBSITE, YOU AGREE THAT THE TERMS AND CONDITIONS APPLY TO AND GOVERN YOUR USE OF THIS WEBSITE. THE TERMS AND CONDITIONS CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. THEY ALSO CONTAIN LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
The information contained in this Website is solely for use for business and commercial purposes by residents of the United States, its territories, possessions, and protectorates. If you access this Website from outside the United States, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you live. You may not use this Website for personal, family, or consumer purposes.
TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (these "Terms") apply to this website (this "Website"). This Website is owned, operated, licensed, or controlled by Stanion Wholesale Electric Co., Inc. and Stanion Wholesale Electric Co., Inc. of Wichita ("Stanion"), Kansas corporations. Click here to see Stanion's (TERMS/CONDITIONS). Click here to see Stanion's (PRIVACY POLICY). By communicating with Stanion via email, you agree that Stanion may send communications electronically and that any electronic communications will constitute "written" communications.
1. AGREEMENT TO TERMS AND CONDITIONS
By accessing, visiting, and/or using this Website, you, the user, (a) acknowledge that you have read and understood these Terms, and (b) agree that you will be bound by these Terms. If you do not agree to be bound by these Terms, do not use this Website. Stanion may change these Terms at any time by posting the change to this Website. Please check these Terms periodically for changes. Your access or use of this Website after these Terms have been changed will mean that you agree to be bound by those changes. Your continued use of this Website will be subject to and governed by Stanion's then-current terms. The date these Terms were last modified is set forth at the end of these Terms.
2. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
Stanion will promptly process, investigate, and respond to all claims of intellectual property infringement and will take appropriate action under the Digital Millennium Copyright Act and other applicable intellectual property laws. Upon receipt of a notice that complies with the Digital Millennium Copyright Act, Stanion will act to promptly remove or disable access (i) to any Material (as defined in Section 4) claimed to be infringing or claimed to be the subject of infringing activity and (ii) to any reference or link to Material or activity claimed to be infringing. Stanion will terminate access to advertisers and others who are repeat infringers. Send any notice of claimed copyright infringement to the email address or telephone number below: Designated Copyright Agent Stanion Wholesale Electric Co, Inc. email: corporate@stanion.com Please include the word "copyright" in the subject line for all claims of intellectual property infringement. Direct all other questions and comments corporate@stanion.com
3. SECURITY RULES
You are responsible for protecting the confidentiality of your account number, user name, and all passwords; and you agree to be responsible for all activities that occur under your account or password. You agree not to violate or attempt to violate the security of this Website, including, without limitation, by (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning, or testing the vulnerability of any system or network related in any way to this Website without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including, without limitation, sending unsolicited email, flooding, spamming, mailbombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding. You agree not to use a false email address, or otherwise attempt to mislead Stanion or any other person about the origin of any transmission.
4. RESTRICTION ON USE OF MATERIALS
The materials that are included in or displayed on this Website, including, without limitation, images, illustrations, designs, icons, photographs, video clips, text, logos, the HTML code for this Website, and other materials (collectively, the "Materials") include both registered and unregistered copyrights, trademarks, service marks, trade dress and/or other intellectual property owned or licensed by Stanion. Without Stanion's prior written permission, you may not (a) use the Materials on any Third Party Website (as defined in Section 9), in any advertising or publicity, or in any other way; (b) modify any of the Materials for any purpose; or (c) copy, reproduce, republish, upload, post, transmit, or distribute any of the Materials in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.
5. TRADEMARKS AND SERVICE MARKS
"Stanion" is a registered trademark of Stanion. All other marks that appear throughout this Website belong to Stanion or to others and are protected by United States and international trademark and copyright laws. Any use of any marks appearing in this Website without the express written permission of Stanion is strictly prohibited.
6. ONLINE LIVE CHAT
"Live Chat" means an online chat function located on this Website in which visitors to this Website transmit requests and other information to representatives of Stanion. By using the Live Chat, you agree that you will comply with the rules, representations, and warranties regarding transmission set forth in Section 11 below. Visitors to the Live Chat will be solely responsible for the content of their messages.
7. NATURE OF INFORMATION
The information contained on this Website has been collected and/or prepared by Stanion as a service to its visitors. While Stanion has used reasonable efforts to verify that the information on this Website is useful to its visitors, Stanion does not warrant or guarantee its accuracy or timeliness. Through this Website, Stanion offers its visitors the opportunity to learn about, and register for, training classes offered by Stanion. While Stanion will use its best efforts to provide the education, consulting, and/or coaching described in the description of each class, Stanion cannot guarantee any particular outcomes. The information provided in each class is for general purposes only and may not be appropriate for all situations.
8. GENERAL DISCLAIMER OF WARRANTIES
All information and other Material included in any page of this Website is provided "AS IS" and without warranties of any kind, either express or implied. To the maximum extent permitted by applicable law, Stanion disclaims all warranties, express and implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, course of dealing, course of performance, title, and non-infringement. Stanion does not warrant that use of this Website will be uninterrupted or error free, that defects will be corrected, or that this Website or any Materials or any server(s) used by Stanion are free from viruses or other harmful components. Stanion does not make any representations regarding the use, validity, correctness, accuracy, reliability, or truthfulness of this Website, any Materials, or any sites linked to or from this Website.
9. LINKING DISCLAIMERS AND WARNING
Stanion sells products manufactured by, and offers services provided by, third parties and other persons who provide goods and/or services; and this Website may include links to Websites owned and operated by others ("Third Party Websites"). The Third Party Websites are generally created and owned by other parties and are the responsibility of those persons and not of Stanion. Consequently, Stanion cannot and does not represent or warrant the validity, correctness, accuracy, reliability, or truthfulness of any Third Party Websites and does not warrant that Third Party Websites will be available through the links provided. Although Stanion may periodically attempt to verity the accuracy of Third Party Websites, neither Stanion nor any of the Stanion Affiliates will be liable for any inaccuracies, inclusions, exclusions, omissions, typographical errors, or other inaccuracies of any information included in the Third Party Websites. Just as when you purchase a product or service from persons listed in your telephone directory, you should exercise appropriate discretion, good judgment, and caution in relying on information in any directories and advertisements included in this Website and in any Third Party Websites. You bear all risk associated with the information in this Website, including all Third Party websites; and your use of any such information is subject in all respects to these Terms. Stanion reserves the right to terminate any links to other sites without notice.
10. DOWNLOADS
You may request and receive from Stanion information created by Stanion or by a third party, in the form of an email attachment or electronic download. Stanion provides this information as a service to its customers and is not responsible or liable for how that information interacts with your computer or software programs. Receipt of information from Stanion by email or electronic download constitutes a "use" of this Website for purposes of Section 11 below.
11. LIMITATION OF LIABILITY
Under no circumstances, including, without limitation negligence, will Stanion be liable for any indirect, special, incidental, or consequential damages, including, without limitation, loss of use, loss of data, or lost profits, arising out of the use of or inability to use this Website or the Material, even if Stanion or a Stanion Affiliate (as defined in Section 18) has been advised of the possibility of such damages. If your use of this Website or the Materials results in the need for service, repair, or correction of equipment, software or data, you assume all cost related to that service, repair, and correction. In addition, by accessing or using this Website, you agree that Stanion's maximum aggregate liability to you for all claims arising from accessing or using this Website or any Materials is limited to the greater of (a) the amount you paid for the course or product giving rise to the claim; or (b) $50.
12. TRANSMISSIONS
Stanion will treat all messages, material, information, or ideas (the "Transmission") you transmit to this Website, including, without limitation, on any Live Chat, or by any means, as non--confidential and non-proprietary; and Stanion may use or disclose those Transmissions for any purpose, including, without limitation, developing, manufacturing, and marketing goods and/or services. However, Stanion will handle all personal information provided to Stanion in the manner provided in Stanion's PRIVACY POLICY. By sending any Transmission to this Website, you agree that (a) the Transmission does not (i) violate any law, regulation, or third party right; (ii) contain any nudity, pornographic, or other adult material; (iii) contain any obscenities or material that libels, slanders, or defames any person, facility, or product; (iv) invade the privacy of any person, infringe the proprietary rights of any person, or constitute an unfair or improper trade practice or other wrongful business conduct; (v) contain any instructions or discussions about illegal activities; (vi) encourage or promote any illegal activity or racism; (v) promote or utilize software or services designed to deliver unsolicited e-mail or to circumvent protective technologies in violation of law; and (b) you will not impersonate another person. By sending any Transmission to this Website or to us, you automatically grant (or warrant that the owner of such rights has expressly granted) to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. In addition, you warrant that all "moral rights" in those Transmissions have been waived.
13. NO LICENSE
Except as expressly provided otherwise in these Terms, nothing in this Website, including these Terms, grants, by implication, estoppel, or otherwise, any license or right to use any Materials without the prior written permission of the owner of the Materials.
14. TAXES
Unless you provide Stanion with a valid and correct tax exemption certificate applicable to any goods or services provided by Stanion or through this Website, you, the user, will be responsible for all sales and other taxes associated with those goods and/or services, however designated, except for taxes on Stanion's net income.
15. UNITED STATES GOVERNMENT RESTRICTED RIGHTS
The Materials on this Website are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure of any Materials by the United States Government is subject to restrictions as provided in applicable law and regulations. Use of any Materials by the United States Government constitutes its acknowledgment of Stanion's proprietary rights in them.
16. PRIVACY
It is Stanion's policy to respect the privacy of all visitors to this Website. For more information about Stanion's Privacy Policy, please refer to our PRIVACY POLICY.
17. GOVERNING LAW
These Terms and all claims, disputes, and controversies that may arise in connection with these Terms and this Website will be governed by the internal laws of the State of Kansas without regard to its choice of law rules. In no event will these Terms or any claims, disputes, or controversies in connection with these Terms or this Website be governed by any international treaty or convention, including, without limitation, the Convention for the International Sale of Goods.
18. ARBITRATION
Any and all claims, disputes, and controversies (whether in contract, tort, or otherwise; whether statutory, common law, or equitable; and whether pre-existing, present, or future) that may arise against, or on behalf of, Stanion, it's agents, employees, affiliates, successors, and assigns (collectively, the "Stanion Affiliates"), relating to these Terms or this Website, which have not been resolved by the parties within sixty (60) days after any party's receipt of another party's notice of the same, shall, within thirty (30) days thereafter, be submitted to and finally resolved by arbitration in accordance with the rules of the American Arbitration Association (the "AAA") then applicable in the State of Kansas by three (3) arbitrators chosen in accordance with such rules, of which two (2) arbitrators shall have substantial knowledge and experience relating to the type of business covered by this Agreement. The determination made pursuant thereto shall be conclusive and binding on the parties, and any judgment or injunction upon the determination may be entered in any court having jurisdiction. Arbitration may proceed in the absence of any party if notice (pursuant to the AAA rules and regulations) of the proceedings has been given to such party, and the absence of such party shall be deemed to result in a determination against such party with respect to such claim, dispute, or controversy. Each party hereby consents to an expedited hearing pursuant to the AAA rules and regulations and to the entry of judgment by any court having jurisdiction. All fees, costs, and expenses, including reasonable attorney's fees, of the arbitration and the entry and enforcement of any judgment, injunction, or collection shall be borne by the substantially non-prevailing party.
19. JURISDICTION
This Website is controlled and operated from Stanion's offices within the State of Kansas. If any claim, dispute, or controversy is not subject to binding arbitration as provided in the preceding section, you agree that the exclusive jurisdiction for such claim, dispute, or controversy relating to this Website, including these Terms, will be the District Court in Pratt County, Kansas or the Federal District Court in Wichita, Kansas; that you will not file any action or proceeding in any other jurisdiction; and that you waive any argument that either designated forum is an inconvenient forum.
20. HEADINGS
The section headings used in these Terms are for convenience of reference only, do not affect the construction or interpretation of the text of these Terms, and are not part of these Terms.
21. SEPARATE AGREEMENTS
If any provision of these terms and conditions is unlawful, void, or unenforceable for any reason, then that provision will be deemed to be deleted from these terms and conditions and such deletion will not affect, in any way, the remaining provisions in these terms and conditions.
22. ENTIRE AGREEMENT
This is the entire agreement between you and Stanion relating to the subject matter of these Terms. These Terms may not be modified in any way except in a writing signed by both you and a duly authorized officer of Stanion.
23. BINDING EFFECT
This agreement shall be binding upon all parties and users and their heirs, successors, employees, agents, and assigns.
24. OTHER TERMS AND CONDITIONS
These Terms apply to all uses of this Website unless you and Stanion have signed a separate formal contract, in which case, that separate agreement will govern to the extent it conflicts with these Terms.
25. NOTICES, QUESTIONS, COMMUNICATIONS
If you wish to contact Stanion, please direct all inquiries (except for claims of copyright infringement) to corporate@stanion.com. Send all notices, questions and communications regarding copyright infringement in the manner specified in Section 2 above.
LAST UPDATED: September 2009 Copyright 2009-2011 Stanion Wholesale Electric Co. All Rights Reserved.