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Site Terms

Acceptance Of The Site Terms

Please read the following Site Terms carefully. Your use of this site, and all sites provided by or on behalf of Elo TouchSystems, a business of Tyco Electronics Corporation (collectively, the "Site"), are governed by these Site Terms and any amendments thereto that Elo TouchSystems may publish from time to time (the "Site Terms"). By using the Site, you are agreeing to be bound by the Site Terms and to comply with all applicable laws and regulations. You also represent and warrant that you are at least 18 years old. If you do not agree to the Site Terms, please do not use the Site.

Password

After you register for access to your account via our e-commerce system, Elo TouchSystems will provide a password. You are entirely responsible for maintaining the confidentiality of your password and account, and are solely responsible for all activities that occur under your account or by means of your password. You may change your password with the system at any time by contacting Elo TouchSystems at eloe-commerce@elotouch.com. You agree to immediately notify Elo TouchSystems if you discover any unauthorized use of your account or password or any other breach of security.

Copyrights

The "pages" or documents on the Site, or portions thereof, including but not limited to all text, graphics, software, and other files, as well as their selection and arrangement, (collectively, the "content") are the property of Elo TouchSystems. Copyright © 2008 Tyco Electronics Corporation. All rights reserved. All such content is presented as a service to customers of Elo TouchSystems and may not be copied, distributed, republished, framed, licensed, sublicensed, downloaded, displayed, posted, sold, resold, or transmitted, in any form or by any means, in whole or in part, without Elo TouchSystems' prior written permission, except that such content may be viewed, downloaded, printed and distributed subject to the following conditions:

  1. The content may only be used for personal, noncommercial purposes; and,
  2. Any copy of the content or portion thereof must include the following copyright notice: "Copyright © 2008 Tyco Electronics Corporation. All rights reserved" and must retain all other proprietary notices.

Any other use of the content from the Site without Elo TouchSystems' prior written authorization is prohibited. Any breach of the conditions herein will automatically terminate your permission to use the Site and its content.

Trademarks

Tyco Electronics Corporation's trademarks include, but are not limited to, the following: Elo, AccuTouch, AccuTouch HL, AccuScribe, AccuTac, COACh, Entuitive, IntelliTouch, IntelliTouch Ultra, SecureTouch, Kiosk Touchmonitor, TouchReady, TrimLine, MonitorMouse, MonitorMice, TouchTools, Web Enabler, Plug-and-Touch, ELODEV, Scribex, SmartSet, Touch-on-Tube, TouchUp, iTouch and TouchBack, and their respective designs and/or logos. Elo TouchSystems' trademarks may not be used or imitated, in or whole or in part, without Elo TouchSystems' prior written authorization. In addition all page headers, custom graphics, button icons and scripts are the trademarks, service marks, or trade dress of Elo TouchSystems, and may not be used or imitated without Elo TouchSystems' prior written authorization. All other trademarks, product names or logos on the Site are the property of their respective owners.

Patents

Tyco Electronics Corporation's patents include, but are not limited to, the following:

AccuTouch products are covered by one or more of the following patents: 5,220,136; 4,220,815; 4,661,655; 4,687,885; 4,731,508; 4,822,957; 5,045,644; 4,659,873; 4,777,328; 4,797,514; 4,933,660.

IntelliTouch products are covered by one or more of the following patents: 4,642,423; 4,644,100; 4,645,870; 4,700,176; 4,746,914; 4,791,416; 4,825,212; 4,859,996; 4,880,665; RE.33.151; 5,591,945.

MonitorMouse products are covered by the following patent: 5,694,150.

Agreement Regarding Proprietary Rights

You agree that you will not infringe upon any copyright, trademark, patent or other proprietary rights of Elo TouchSystems or its partners or suppliers, that you will not copy the Site in whole or in part except as expressly authorized herein, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any software or other products or processes accessed through the Site. You further agree not to access or provide access to the Site by means other than the interface provided by Elo TouchSystems for use in accessing the Site, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. Without in any way limiting the foregoing, you specifically agree not to use any content on corner.elotouch.com for any commercial purpose without express prior written authorization from Elo TouchSystems.

You agree to immediately cease and desist any and all uses of Elo TouchSystems' trademarks, copyrighted content or other proprietary material upon request by Elo TouchSystems.

Disclaimer Regarding Content, Product and Service Information

All content on the Site, including without limitation, all data, technical drawings, photographs, configurations, quote and order information, and product listings, is believed to be accurate. You, however, should independently evaluate the accuracy of the content and the suitability of any content, product, or service for your particular application and needs. Specifications are subject to change without notice. In addition, Elo TouchSystems reserves the right to make changes—without notification to customers—to processing or materials that do not affect compliance with any applicable specification. Elo TouchSystems does not guarantee that products or services listed on the Site will be available at the time of your order.

Elo TouchSystems endeavors to fill all orders at the price quoted on our Site. However, from time to time a price may be misquoted due to computer or other error or a product may be unavailable. In such instances, Elo TouchSystems reserves the right to cancel or limit any order, and will refund to you any payment you might have made for any item that will not be shipped due to cancellation or limitation of order.

Product Purchases

You agree that all product purchases are subject to our Terms and Conditions of Sale which is incorporated herein.

Links and Third Party Content

The Site may from time to time contain links to other websites. These links do not constitute an endorsement, sponsorship or recommendation by Elo TouchSystems—nor a responsibility for—the linked website or any content, services or products available on or through the linked website. The Site also may contain material or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Elo TouchSystems shall have no liability to you for any such third party material or information or for any goods, services, resources or content available through any third party or third party website, or for any harm related thereto.

User Conduct

In using the Site, you agree:

  • not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
  • not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
  • not to use or attempt to use another's account, password, service or system without authorization from Elo TouchSystems;
  • not to create or use a false identity;
  • not to transmit through the Site any message, data, information, text or other content that is unlawful, inaccurate, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, sexually or adult oriented, inflammatory, promotes hate or racism, or is otherwise objectionable;
  • not to transmit through the Site any message, data, information, text or other content that would constitute or encourage a criminal offense, violate any intellectual property or other proprietary right of any party, or otherwise create liability or violate any local, state, national or international law or regulation.

Disclaimer of Warranties

THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ELO TOUCHSYSTEMS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

ELO TOUCHSYSTEMS DOES NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES ELO TOUCHSYSTEMS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELO TOUCHSYSTEMS OR VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

YOU ACKNOWLEDGE THAT ELO TOUCHSYSTEMS DOES NOT CONTROL ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING WITHOUT LIMITATION KIOSK PARTNERS, AND TOUCHREADY SOFTWARE DEVELOPERS. ELO TOUCHSYSTEMS ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY SUCH THIRD PARTIES THROUGH THE SITE.

SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitations Of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ELO TOUCHSYSTEMS OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF ELO TOUCHSYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold harmless Elo TouchSystems, its parents, subsidiaries, affiliates, officers, partners, directors, employees, agents and suppliers, from any claim, demand, action or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any content you transmit via the Site, or your violation of the Site Terms.

Privacy

It is Elo TouchSystems' policy to respect the privacy of its users. For that reason, Elo TouchSystems provides a privacy policy which explains what information we collect and how it is used. For more information, please see our privacy policy.

You agree that we may disclose personal information we collect from you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, to protect the rights, property or safety of Elo TouchSystems or others, or as stated in our Privacy Policy.

Communications With Elo TouchSystems

Except as otherwise addressed in our privacy policy, you agree that any communications you may have with Elo TouchSystems, including without limitation, questions, comments, suggestions, ideas, drawings, or original material or information, are non-confidential and shall become the sole property of Elo TouchSystems upon transmission of such communications to Elo TouchSystems via e-mail or other means. Elo TouchSystems shall own the exclusive rights to such communications, and shall be entitled to their unrestricted use for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Changes To These Site Terms

Elo TouchSystems may change these Site Terms from time to time, and reserves the right to do so. We will inform you of substantive changes to the Site Terms by posting the new Site Terms on the Site, and by providing notice on the home page of the Site stating that the Site Terms have changed. Your continued use of any Site after we have posted any such changes constitutes your acceptance of any such changes.

Changes To The Site

Elo TouchSystems may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site or any services offered via the Site, temporarily or permanently, without notice to you, and you agree that Elo TouchSystems shall not be liable therefore.

Termination

Elo TouchSystems reserves the right to terminate your license to use the Site, and to block or otherwise prevent your future access to and use of the Site, with or without notice to you, and at Elo TouchSystems' sole discretion. You agree that Elo TouchSystems shall not be liable for any termination of your use of or access to the Site, or for any harm caused thereby. In the event of any termination of the Site Terms or your use of or access to the Site, you agree that the provisions regarding Agreement Regarding Proprietary Rights, Product Purchases, Disclaimer of Warranties, Limitations of Liability, Privacy, Indemnification, Termination, Applicable Law and General shall survive any such termination.

U.S. Government Restricted Rights

The content on the Site is provided to government users with no greater than "Restricted Rights" as set forth in applicable laws and regulations, and use, duplication or disclosure by the government is subject to such restrictions. Use of the content on the Site constitutes acknowledgment of Elo TouchSystems' proprietary rights in such content.

International Users

The Site is controlled, operated and administered by Elo TouchSystems from its offices within the United States of America. Elo TouchSystems makes no representation that the materials or Content available through the Site are appropriate or available for use at other locations outside the United States and access to them from territories where their contents is illegal is prohibited. You may not use the Site or export the Content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

Applicable Law

These Site Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California, or the Northern District of California. You agree that any cause of action arising out of or related to these Site Terms or to any Site must commence within one year after the cause of action arose; otherwise such cause of action is permanently barred, regardless of any statute of limitations to the contrary.

General

Should any provision in these Site Terms be found invalid or unenforceable for any reason, then that provision shall be enforced to the maximum extent possible so as to give effect to the intent of the parties as reflected by that provision, shall be deemed severable from these Site Terms, and shall not affect the validity or enforceability of the remaining provisions. Any failure by Elo TouchSystems to enforce or exercise any provision of the Site Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Site Terms are purely for convenience and carry with them no legal or contractual effect.

reference: MK500006 REV C, 12/17/02