TERMS AND CONDITIONS OF USE FOR DEALER PORTAL
These Terms and Conditions of Use (“Terms”) are entered into by and between you and ELBECO INCORPORATED (“ELBECO”). In consideration of your use of and access to the Dealer Portal (the “Site”), and the promises and obligations herein, and intending to be legally bound, you and ELBECO hereby agree as follows:
2. CHANGES IN TERMS; TERMINATION.
ELBECO shall have the right, in its sole discretion, at any time and without prior notice, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. The date of the last revision of the Terms will appear at the top of these Terms. You are responsible for reviewing the Site periodically for any modification to these Terms. You agree that you shall be deemed to be apprised of and bound by any revisions or additions by ELBECO to the Terms. Your continued use of the Site with any such changes to the Terms constitutes your acceptance of the new Terms, whether or not you actually reviewed them. No modification to these Terms by any party other than ELBECO shall be valid or enforceable against ELBECO unless expressly agreed to by ELBECO in writing signed by a duly authorized officer of ELBECO.
3. DISCONTINUED OPERATION OF SITE.
4. SITE CONTENT; TRADEMARK AND COPYRIGHT.
6. LINKED THIRD PARTY SITES.
Links to other websites operated by third parties do not constitute sponsorship, endorsement, or approval by ELBECO of the content, policies, or practices of such linked sites. Linked sites are not operated or controlled by ELBECO, and ELBECO is not responsible for the availability, content, policies, or practices of linked sites, including without limitation privacy policies or practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
ELBECO reserves the right without prior notice to discontinue or change specifications and prices on products advertised on the Site without incurring any obligation to you. Products displayed on the Site are not guaranteed to be available. Descriptions of, or references to, products on the Site are subject to error or change, and do not constitute a warranty by ELBECO.
9. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY AS TO THE SITE AND CONTENT.
10. DISCLAIMER OF WARRANTY AS TO PRODUCTS.
THE ONLY WARRANTIES, IF ANY, MADE BY ELBECO WITH RESPECT TO PRODUCTS PURCHASED BY YOU, WHETHER THROUGH THIS SITE, IF AVAILABLE, OR OTHERWISE ARE CONTAINED IN THE DISTRIBUTORSHIP AGREEMENT OR OTHER WRITTEN WARRANTIES OF ELBECO APPLICABLE TO SUCH PRODUCT. EXCEPT FOR ANY SUCH WARRANTIES, ELBECO FURNISHES OR SELLS ALL PRODUCTS ON AN “AS IS” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS ELBECO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, AND COSTS (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES AND COURT COSTS), ARISING OUT OF OR RELATING TO YOUR BREACH OF THESE TERMS OR YOUR ACCESS TO OR USE OF THIS SITE. THE FOREGOING INDEMNIFICATION OBLIGATION SHALL SURVIVE TERMINATION OF THESE TERMS AND THE SITE OR YOUR DISCONTINUANCE OF YOUR USE OF THE SITE.
e. This Site may be unavailable from time to time, including for system maintenance and upgrades. When this occurs, a message will be displayed on-line when you sign on to the Dealer Portal.
P.O. Box 13099
Reading, PA 19612
Attn: Marketing Manager
Phone: 610-921-0651 (ext. 1909)