|Linking Agreement |
ETG, its Affiliates, Services Providers and Business Partners may terminate, modify, remove, suspend or discontinue any aspect of the Site, including the availability of any features, at any time. ETG, its Affiliates, Service Providers and Business Partners may remove, modify or otherwise change any content, including that of third parties, on or from the Site. ETG, its Affiliates, Service Providers and Business Partners may impose limits on certain features and services or restrict your access to parts or to the entire Site without notice or liability. ETG, its Affiliates, Service Providers and Business Partners may terminate your use of the Site in their sole discretion.
1. Proprietary Rights.
Trademarks. Trademarks of ETG, its Affiliates, Service Providers and Business Partners may not be copied, imitated, or used, in whole or in part, without the prior written permission of ETG. All page headers, customer graphics, button icons, and scripts are services marks, trademarks and or/or trade dress of ETG, its Affiliates, Service Providers or Business Partners, and may not be copied, imitated, or used in whole or in part, without the prior written permission of ETG. Other trademarks, registered trademarks, product names or logos, and company names or logos displayed on the Site are the property of their respective owners.
Patents. Some of ETG's products and processes and those of its Affiliates, Service Providers and Business Partners used on the Site may be covered by one or more patents and are subject to other trade secret and proprietary rights. ETG, its Affiliates, Service Providers and Business Partners reserve all such rights. You agree not to infringe upon such rights or decompile, reverse engineer, or disassemble any of the products or processes of ETG, its Affiliates, Service Providers or Business Partners.
Software. Any software, including any files, images generated by the software, code and data accompanying the software (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and using the Site for purposes expressly stated on the Site, provided that such uses are not competitive with or derogatory to ETG, its Affiliates, Service Providers and Business Partners. ETG, its Affiliates, Service Providers and Business Partners retain full and complete title to all intellectual property rights they may own in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.
2. User Conduct - General.
In using the Site, you agree not to:
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on the Site. The Site is controlled and operated in the United States. If you are in a jurisdiction that restricts you from accessing or using the Site, do not access or use the Site. ETG makes no representation that the Site is appropriate or available for use outside the United States.
3. User Conduct - Online Communities and Other Interactive Areas.
The Site may contain areas where you may post and share comments with other Site users on a variety of subjects. You agree that you will not post or otherwise disseminate on or through the Site unlawful, harassing, libelous, tortious, abusive, offensive, threatening or obscene communications or material of any kind, or materials which infringe or violate any third party's copyright, trademark, trade secret, privacy or other proprietary property right, or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation; or, that are otherwise objectionable, including without limitation, content that evidences bigotry, racism, sexism, or hatred or that promotes illegal activities or physical harm against anyone. ETG and its Service Providers reserve the right, but do not have the obligation, to remove any materials they deem objectionable without any notice to you. You agree to hold harmless ETG, its Affiliates, Service Providers and Business Partners from all claims based upon communications made or materials posted by others or the use by third parties of the Site.
4. Online Communications on and Through the Site.
You agree that any communications you transmit to anyone through the Site or copyrighted works you post on the Site, including, without limitation, questions, comments, suggestions, ideas, plans, notes, drawings, configurations, purchase orders, quotes, requests for quotes, performance data, account information, or other material, data or information (collectively, "Information"), are non-confidential and upon transmission of such information to ETG, its Affiliates, Service Providers and Business Partners by any means you grant to ETG, its Affiliates, Service Providers and Business Partners an irrevocable, non-exclusive, royalty-free, sublicensable, worldwide license (including but not limited to a copyright license) to use, reproduce, display, publicly perform, transmit and distribute such Information in any media for any purpose.
5. Product and Service Information - Limitations.
All content available through the Site, including but not limited to data, quotes, status reports, technical drawings, configurations, order information, and catalog listings is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any product or service available through the Site. Specifications for products and services are subject to change without notice, and ETG, its Affiliates, Service Providers and Business Partners reserve the right to make changes to processing, materials or configuration without notice. They do not guarantee that products listed in online catalogs will be available at the time of your order. All information on the Site is subject to the disclaimers of Section 8 below.
6. Links and Third Party Content.
Links to Other Websites. The Site may from time to time contain links to other websites or other Internet information sources ("Third Party Sources"). These links are provided as a convenience and do not constitute an endorsement, sponsorship or recommendation by ETG of, or responsibility for, third parties or the linked Third Party Sources or any content, services or products available on or through such Third Party Sources.
Links from Other Websites. All links to the Site must be approved in writing by ETG. ETG generally consents to links in which: (a) the link is a text-only link containing only the title of the home page of the Site; (b) the link "points" only to the home page of the Site and not to deeper pages, (c) the link, when activated by a user, displays the home page of the Site full-screen and not within a "frame" on the linked website, and (d) the appearance, position, and other aspects of the link may not (i) create the false appearance that an entity or its activities or products are associated with or sponsored by ETG, its Affiliates, Service Providers or Business Partners, or (ii) be such as to damage or dilute the good will associated with the name and trademarks of ETG, its Affiliates, Service Providers or Business Partners. ETG reserves the right to revoke a consent to link any time in its sole discretion.
Third Party Content. The Site may from time to time contain material, data or information provided, posted or offered by third parties, including but not limited to advertisements or postings in online community discussions. You agree that neither ETG, nor its Affiliates, Service Providers or Business Partners shall have any liability whatsoever to you for any such third party material, data or information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. ETG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. ETG RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. ETG MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.
YOU ACKNOWLEDGE THAT NEITHER ETG, THE SERVICE PROVIDERS NOR AFFILIATES CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, ETG, THE SERVICE PROVIDERS AND AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY ADVICE, OPINION, STATEMENT, OR OTHER CONTENT OR OF ANY PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY BUSINESS PARTNERS OR THIRD PARTIES THROUGH THE SITE. ETG, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DO 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 ETG, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE.
ETG, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS, ASSUME NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY A USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF ETG, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THEIR LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.
ETG, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS DISCLAIM ANY WARRANTY OR REPRESENTATION THAT THE CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THE SITE WILL BE MAINTAINED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ETG, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN WRITING. THE SITE TOGETHER WITH ANY DOCUMENTS ISSUED BY ETG, ITS AFFILIATES, SERVICE PROVIDERS OR BUSINESS PARTNERS AND AVAILABLE THROUGH THE SITE MAY CONTAIN FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES IN THE SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY SUCH AS "BELIEVE," "EXPECT," "PLANS," " MAY," " WILL," "SHOULD," "ANTICIPATES," OR SIMILAR STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATING COSTS, CAPITAL EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED. THE INFORMATION CONTAINED IN EACH PARTY'S MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN OTHER OWNER FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION, IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR ACHIEVEMENTS NOT TO BE REALIZED. ETG, ITS AFFILIATES, SERVICE PROVIDERS AND BUSINESS PARTNERS UNDERTAKE NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE SUCH STATEMENTS WERE MADE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL ETG OR ITS PARENT, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, BUSINESS PARTNERS, VENDORS, OR SUPPLIERS (OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS) BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN ETG FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, 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 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.
English Language. You agree that there shall be no requirement to translate any of the Sites, or any portion thereof or content thereon, into any other language than the one in which they appear, and that all contractual and transactional communications shall be in the English language, and that there shall be no requirement to translate any communication into any other language.
10. International Usage.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site. This Site is controlled and operated in the United States.
IF YOU ARE ACCESSING THIS SITE FROM OUTSIDE THE UNITED STATES, AND ARE RESTRICTED UNDER THE LAW OF YOUR JURISDICTION FROM DOING SO, DO NOT ACCESS OR USE THIS SITE. ETG MAKES NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES.