Please Read Following Terms Carefully Before Using This Site
The contents on this website (the "site") are provided by Energy Management Systems and www.emsint.com ("EMS") as a service to our customers, agents and suppliers. You may use the service of this website to learn about our product line and for shopping. You can use this website subject to the provisions below. By using this site, you agree to the terms stipulated herein. If you do not agree to them, do not proceed with further use of this site.
3. Modifications to the Service: EMS reserves the right to modify or discontinue all or part of the Service, temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. The amended Terms shall be effective immediately after they are initially posted on the Site. Your continued use of the Service after the posting of the amended Terms on the Site constitutes your affirmative: (a) acknowledgement of the Terms and its modifications; and (b) agreement to abide and be bound by the Terms, as amended. You acknowledge and agree that EMS shall not be liable to you or any third party in the event that EMS exercises its right to modify or discontinue all or part of the Service.
4. Payment: Payment for products/services is to be made in advance to EMS through credible payment methods. Goods are shipped on receipt of payment. EMS reserves the right to recall/not to deliver the product without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to EMS when EMS believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to EMS. Details of shipping and costs, Product Return Policy, are indicated in our website.
5. Links: Links provided on this site are provided solely for your convenience and the provision of any such link does not constitute our endorsement of that site or its provider or of any of the content, products, or services contained or offered therein. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. You agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the contents, products, services or any transmissions received through such sites. You further agree that we have no liability whatsoever from such third party sites and your usage of them.
6. Intellectual Property Rights: You acknowledge that content, including but not limited to product, policy information, text, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Service ("Content"), is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws, and you are only permitted to use the Content as expressly authorized by the EMS. Any unauthorized use of any Content contained on the Site or through the Service may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Except as specifically permitted herein, no portion of the information on the site may be reproduced in any form, or by any means, without prior written permission from EMS. You are not permitted to modify, distribute, publish, transmit or create derivative works of any materials found on the site for any public, personal or commercial purposes.
7. Disclaimer of Warranty: The contents are provided on an "as is" basis without any express or implied warranty of any kind including warranties of merchantability, non-infringement of intellectual property, or fitness for any particular purpose desired by you. In no event shall EMS be liable for any damages whatsoever arising out of the use of or inability to use the contents/service, even if EMS has been advised of the possibility of such damages.
EMS further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these contents or materials. EMS may make changes to these materials described therein, at any time without notice. EMS makes no commitment to update the contents.
8. Liability: As a condition of use of the Service, and in consideration of the services provided by EMS, you agree that neither EMS, nor any affiliate, director, shareholder, agent or contractor will be liable to you or any third party for any direct, indirect, incidental, special, punitive, or consequential loss, damages, expenses, or costs resulting directly or indirectly from, or otherwise arising in connection with the Service, Site or Content; including but not limited to any of the following:
a. damages resulting from or arising from your reliance on the Service, or the mistakes, omissions, interruptions, errors, defects, delays in operation, or any failure of performance of the Service;
b. any allegation, claim, suit, or other proceeding based upon a contention that the use of the Service or the Site by a you or a third party infringes or misappropriates the copyright, patent, trademark, trade secret, confidentiality, privacy, or other intellectual property rights or contractual rights of any third party linked websites;
c. any delay or failure of EMS to perform due to government restriction, strikes, war, any natural disaster or any other condition beyond the EMS’s control.
9. Indemnification: You will defend, indemnify and hold harmless EMS and its affiliates, directors, officers, employees, proprietors, independent contractors, consultants, partners, shareholders, representatives, customers, agents, predecessors, successors, and permitted assigns from and against any claim, suit, demand, loss, damage, expense (including reasonable attorneys' fees and costs) or liability that may result from, arise out of or relate to: (a) acts or omissions by you arising out of or in connection with this Agreement; (b) intentional or negligent violations by you of any applicable laws or governmental regulation, (c) contractual relations between the you and a third party; or (d) infringement of intellectual property rights including, but not limited to, rights relating to patent and copyright.
10. Severability: In the event that any provision of the Terms shall, in whole or in part, be determined to be invalid, unenforceable or void for any reason, such determination shall affect only the portion of such provision determined to be invalid, unenforceable or void, and shall not affect in any way the remainder of such provision or any other provision of the Terms. EMS’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
11. Governing Law: These Terms shall be governed by and construed in accordance with the laws of the USA without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the USA, the laws, rules and regulations of the USA shall govern. You hereby consent to personal jurisdiction by the courts located in Florida, USA. These Terms and any modifications hereto constitute the entire agreement between the parties with regard to the subject matter hereof.