As a condition of the use of this web site, you are strictly prohibited from modifying, transmitting, distributing, reusing, reposting, "framing" or using any content published on The Darrah Electric Company Web Site (darrahelectric.com) including the text, images, html code, audio and/or video for public or commercial purposes without the express written consent of an authorized representative of Darrah Electric Company. You are strictly prohibited, under any circumstance, or for any reason, from downloading any image of any of the products for sale on this site. You may only download Content displayed on this web site on the strict condition that you will use it exclusively for PERSONAL, NON-COMMERCIAL purposes, as long as you also ensure that you 1) preserve all copyright, trademark and other proprietary notices contained in the material, 2) do not modify or alter the material and 3) do not copy or post the material on any network computer or broadcast the material in any media. Any such downloaded content must be immediately destroyed if you have either breached or chosen to terminate the Agreement.
INFORMATION ACCURACY AND AVAILABILITY
All information provided by us and any materials that may be provided to you or to which you are referred are provided in good faith as a convenience to you and may be used for information purposes only and at all times in accordance with these Terms.
To the maximum extent permitted by law, we do not make any representations or warranties (express or implied) that all such information or materials provided by us are accurate, comprehensive, up to date, verified or complete. In particular, we do not make any representations or warranties (express or implied) concerning the fitness for any particular purpose of any such information or materials.
The information and materials we may provide to you do not constitute any form of advice and/or recommendation. We do not undertake to update or correct any information and/or materials provided and we reserve the right to make improvements and/or changes to any information or materials on our website.
While we try to ensure that our website is and remains available 24 hours a day, we will not be liable if, for any reason, at any time, it becomes unavailable for any period of time or at all. Access may be suspended temporarily or permanently without notice.
COPYRIGHT NOTICE AND NOTICE OF PROPRIETARY RIGHTS
All content included on or comprising the Darrah Electric Company Web Site including information, data, software, photographs, graphs, videos, typefaces, graphics, and other material (collectively "Content") are protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Darrah Electric Company owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all content.
Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.
The Darrah Electric Company logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Darrah Electric Company and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
ACCESS AND USE OF INFORMATION
Your access to our website is strictly limited to your personal or internal business use.
By using the Darrah Electric Web Site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send via the web site or any other third party using the web site is non-confidential. By submitting any solicited or unsolicited information using the Darrah Electric Company Web Site, you grant Darrah Electric Company an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.
You acknowledge that our website is provided free of charge. We accept no liability for information provided. It is your responsibility to determine whether any information or materials provided are suitable for your intended use and no representations or warranties are provided in this regard.
We exclude to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in your favor.
To the fullest extent permitted by applicable law, we shall not be liable WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY, RESTRICTION OR OTHERWISE in respect of any claims or any direct, indirect, incidental, consequential, SPECIAL loss (including, without limitation, loss of profits, REVENUES, ANTICIPATED SAVINGS, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES) of any nature or for any exemplary or punitive damages, and whether arising directly or indirectly from the use of OR RELIANCE UPON or inability to make use of the information and materials contained in or available through our website or otherwise howsoever arising WHETHER OR NOT WE HAVE BEEN ADVISED OF THE LIKELIHOOD OF SUCH LOSS.
Each of our employees, agents and sub-contractors may rely on and enforce the exclusions and restrictions of liability in these Terms in that person's own name and for that person's own benefit.
The data and information contained in this web site are believed to be accurate, but may contain inaccuracies and typographical errors. The Darrah Electric Company Web Site is provided "as is" without any representations or warranties of any kind or condition, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, and non-infringement. Darrah Electric Company does not warrant that the functions contained in this site will be uninterrupted or error-free, that defects will be corrected or that this site, including the server that makes it available, are free of viruses or other harmful components. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission. Computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You specifically acknowledge that Darrah Electric Company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with you. Except as otherwise limited by applicable law, in no event will Darrah Electric Company, or any person or entity involved in creating, producing or distributing Darrah Electric Company software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Darrah Electric Company software or site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
LIMITATION OF DAMAGES
In no event shall Darrah Electric Company be liable for any damages of any kind whatsoever, including any special, indirect or consequential damages, relating to the use of this site except as otherwise limited by applicable law.
Our website should not be used by any person or entity in any jurisdiction where its use would be contrary to applicable laws, rules or regulations of any governmental authority or regulatory or self-regulatory organization.
You must be satisfied that you are entitled to access and use our websites. We accept no responsibility for unauthorized access or use.
LAW AND JURISDICTION
Any use of our website shall at all times be governed by the laws of the state of Ohio and the United States and, in the event of any dispute, the relevant parties shall irrevocably submit to the non-exclusive jurisdiction of the courts of the state of Ohio.
Any provision of these Terms which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Terms and the remainder of such provision shall not be affected. Failure by us to enforce or partially enforce any provision of these Terms will not be construed as a waiver of any rights under these Terms.
We are entitled, without your consent or notice to you, to assign the benefit, subject to the burden, of these Terms to any company in our group of companies at any time.