Website Terms and Conditions
1. WEBSITE USE
These Terms and Conditions govern your use of this website. By using this website, you accept, and agree to be bound by, these Terms and Conditions and all applicable laws and regulations. If you disagree with these Terms and Conditions or any part of these Terms and Conditions, you are prohibited from using this website.
You must be at least eighteen (18) years of age to use this website. By using this website and agreeing to these Terms and Conditions, you warrant and represent that you are at least eighteen (18) years of age.
2. LICENSE TO USE WEBSITE
The materials contained on this website are protected by applicable copyright and trademark law.
Unless otherwise stated, State Electric Supply Co. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal, non-commercial use, subject to the restrictions set forth in these Terms and Conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website (including the modification or removal of any copyright or other proprietary notations); or
- redistribute material from this website.
This license shall automatically terminate if you violate any of the restrictions set forth in these Terms and Conditions. State Electric Supply Co. may terminate this license, in its sole and absolute discretion, at any time. Upon termination of this license, you must destroy any materials downloaded from the website in your possession, whether in electronic or printed format.
3. ACCEPTABLE USE
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful; or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of, or is linked to, any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data harvesting) on, or in relation to, this website without State Electric Supply Co.’s express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without State Electric Supply Co.’s express written consent.
4. RESTRICTED ACCESS AND AUTHORIZED USERS
Access to certain areas of this website is restricted. State Electric Supply Co. reserves the right to restrict access to other areas of this website, or to this entire website, in State Electric Supply Co.’s sole and absolute discretion.
If State Electric Supply Co. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You are responsible for maintaining the confidentiality of your user ID and password and for all use of your user ID and password, whether or not such use is authorized by you. You must immediately notify State Electric Supply Co. of the unauthorized use of your user ID and password.
State Electric Supply Co. may disable your user ID and password in State Electric Supply Co.’s sole and absolute discretion, without notice or explanation.
This website is provided “as is” without any representations or warranties, express or implied. State Electric Supply Co. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, State Electric Supply Co. does not warrant that:
- this website will be constantly available, or available at all;
- this website will operate free of errors, defects, viruses or other harmful components;
- errors, defects or omissions on this website will be corrected; or
- the information on this website is complete, true, accurate or non-misleading.
Further, State Electric Supply Co. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website or otherwise relating to such materials or on any sites linked to this website.
6. LIMITATIONS OF LIABILITY
State Electric Supply Co. will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if State Electric Supply Co. has been expressly advised of the potential loss. Nothing in these Terms and Conditions will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set forth in these Terms and Conditions are reasonable. If you do not think they are reasonable, you are prohibited from using this website.
You accept that State Electric Supply Co. has an interest in limiting the personal liability of its officers, employees, agents, subsidiaries, successors, assigns, subcontractors and suppliers. You agree that you will not bring any claim personally against State Electric Supply Co.’s officers, employees, agents, subsidiaries, successors, assigns, subcontractors or suppliers in respect of any losses you suffer in connection with your use of the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set forth in these Terms and Conditions will extend to, and protect, State Electric Supply Co.’s officers, employees, agents, subsidiaries, successors, assigns, subcontractors and suppliers, as well as State Electric Supply Co.
7. LINKS TO THIRD PARTY WEBSITES
This website may contain links to third party websites. These links are provided by State Electric Supply Co. as a convenience, and State Electric Supply Co. does not endorse, or approve of, the content of such websites. State Electric Supply Co. assumes no responsibility for the accuracy or completeness of such websites’ content. Use of any linked, third party website is at your own risk.
8. CROSS-REFERENCE INFORMATION
Product cross-reference comparisons or product alternatives presented on this website do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications to determine suitability of the product for your intended use.
You agree to indemnify State Electric Supply Co. and undertake to keep State Electric Supply Co. indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by State Electric Supply Co., in its sole and absolute discretion, to a third party in settlement of a claim or dispute) incurred or suffered by State Electric Supply Co. arising out of any breach by you, or any claim that you have breached, any provision of these Terms and Conditions.
Without prejudice to State Electric Supply Co.’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, State Electric Supply Co. may take such action as it deems appropriate to deal with the breach, including, but not limited to, suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or instituting legal proceedings against you.
11. SITE TERMS AND MODIFICATION
State Electric Supply Co. may revise these Terms and Conditions at any time without notice. Revised Terms and Conditions will apply to the use of this website from the date of their publication on this website. By using this website, you accept, and agree to be bound by, the then current version of these Terms and Conditions.
State Electric Supply Co. may assign or transfer its rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.
You may not assign or transfer your rights and/or obligations under these Terms and Conditions.
If any provision of these Terms and Conditions is determined by any legal or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
14. ENTIRE AGREEMENT
These Terms and Conditions contain the entire agreement and understanding between you and State Electric Supply Co. in relation to your use of this website, and no representations, promises, agreements or understandings, written or oral, not contained herein shall be of any force or effect.
15. CHOICE OF LAW
These Terms and Conditions will be governed by and construed in accordance with the law of the State of West Virginia, which law shall apply with respect to resolution of any and all disputes arising from, or related to, these Terms and Conditions.
You agree that any dispute between yourself and State Electric Supply Co. arising out of, or relating to, these Terms and Conditions, shall be resolved by binding arbitration in Huntington, Cabell County, West Virginia. The arbitration shall be conducted by three (3) neutral arbitrators. One (1) arbitrator will be selected by State Electric Supply Co., and one (1) arbitrator will be selected by you. The remaining arbitrator will be selected by the two (2) arbitrators selected by you and State Electric Supply Co. The arbitration will be conducted under the auspices of, and in accordance with, the rules of the American Arbitration Association then in effect. Each party to the arbitration will bear its own costs, legal or otherwise, and the parties to the arbitration shall each bear an equal share of the arbitrators’ costs. The decision of the arbitrators shall be final and binding on the parties thereto, and judgment on the award rendered by the arbitrators may be entered by any court having jurisdiction.
For questions or support regarding these Terms and Conditions, you may call or write to State Electric Supply Co.’s Advanced Customer-Service Team at (681) 203-2090 or at P.O. Box 5397, Huntington, West Virginia 25703.