General Terms and Conditions
Eemax, Inc. and its affiliates (“Eemax”) provide this website as a service to its customers, prospective customers, distributors, dealers, and others. Except as otherwise set forth herein, these general terms and conditions of use (“Terms and Conditions”) govern your use of this website (the “Site” or “website”) and any products purchased from Eemax from the Site (the “Products”).
Eemax reserves the right to change or delete the contents of this website, including, but not limited to specifications or designs of its products at any time without notice.
Acceptance of Terms and Conditions of Use. By accessing and using the Site, you acknowledge that you have read and agree to these Terms and Conditions. If you place an order for any Products with Eemax, you must indicate your consent to these Terms and Conditions prior to placing your order. If you do not agree to be bound by these Terms and Conditions, then you are requested to immediately exit the Site. Eemax may take any actions it deems appropriate, including, but not limited to, restricting your access to the Site or Products if Eemax determines in its sole discretion that you have violated these Terms and Conditions.
Revisions to Terms and Conditions. Please refer to these Terms and Conditions regularly. Eemax reserves the right to modify these Terms and Conditions at any time in its sole discretion and without notice. Any such modifications shall be effective immediately upon posting of the modified agreement. Your continued access or use of this Site constitutes acceptance of the terms and conditions stated at the time of access or use. Eemax may at any time and without prior notice revise these Terms and Conditions by updating this posting.
Purchase of Products.
- Installation and Repair Information. Many Products sold through this website should be installed and repaired by qualified service professionals. Eemax strongly encourages you to refer to the use & care manual or installation manual of the Product for more information. This website may contain general information to aid qualified service professionals in the repair of certain products and parts. The complete model number and serial number of the unit under repair should be specified when selecting and ordering replacement parts. Specifications and illustrations are subject to change without notice. Eemax assumes no responsibility or liability for acts or omissions, errors, mistakes, or negligence of the purchaser or any other person or entity. The purchaser is responsible for choosing the appropriate products and parts and must verify the proper and safe operation of equipment after the replacement of any original components.
- Corporate Identification and Trademarks. All registered or unregistered corporate names, trademarks, service marks, logos, and other source-identifying designations (collectively “Marks”) used or referred to on this website are the property of Eemax, Inc. (“Eemax”) unless otherwise noted. Unauthorized use of the Marks is prohibited.
- Proprietary Rights to Content. All content, including but not limited to information, all written materials, catalogs, photographs, computer programs, applications, computer code (including source code and object code), illustrations, artwork, designs, graphics, layout, data, logos, messages, the HTML code that Eemax creates to generate the Site, or other materials (collectively, “Content”) included on the Site is the property of Eemax or content providers of Eemax and are protected by copyright, trademark, service mark, trade dress, patent, trade secret, or other intellectual property rights and laws. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes, and other proprietary rights of Eemax and content providers of Eemax is granted to or conferred upon you. The downloading, reproduction, printing, copying, storage, or distribution of any Content, other than for non-commercial individual use, is strictly prohibited. The use of any Content for a commercial purpose, without the express written consent of Eemax, violates Eemax copyrights, trademark rights, and other intellectual property rights and may be a violation of federal law subject to criminal and civil penalties.
- Third party content. Eemax claims no proprietary rights to, or affiliation with, any third party trademarks or logo references appearing on the Site. You should not infer any affiliation, sponsorship or endorsement from the use of third party marks on the Site as such marks are used solely to designate certain products or services as belonging to their respective owners.
- Disclaimer. SITE INCLUDES CONTENT AND INFORMATION THAT IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE EEMAX DESIRES THAT THE CONTENT AND INFORMATION ON THE SITE BE UP-TO-DATE AND ACCURATE, IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH CONTENT AND INFORMATION. EEMAX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE CONTENT OR INFORMATION ON THE SITE OR THE ACCURACY OR RELIABILITY OF SUCH CONTENT OR INFORMATION.
Links. Eemax may, from time to time, provide links to third-party websites not associated with Eemax. These third-party websites contain information created, published, maintained, or otherwise posted by companies, organizations, or others independent of Eemax. Eemax makes no representations whatsoever about any third-party website to which you may have access through the Eemax website. Eemax has not reviewed and is not responsible for such linked websites or the content of any of the linked websites. When you access such a third party website, you do so at your own risk and acknowledge that Eemax is not responsible or liable for any content, advertising, products, or other materials available from such websites. You also agree that Eemax shall not be liable for any loss or damage of any sort incurred as a result of your use of any third party website.
Mention on the Eemax website of any third-party company or website, or to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise, is for informational purposes only and does not constitute an endorsement, recommendation, approval, or certification by Eemax.
User Conduct. You will not make any unauthorized use of this website or any content or features available on this website. You are responsible for all use of your account (including username and password, if any) and shall be solely responsible for maintaining the security of your passwords. You agree that all the information and content posted or accessed in restricted password protected areas of the website is confidential to Eemax and will be used only for your personal and internal purposes. You may not engage in any conduct or action that is prohibited by law or violates any country, federal, state, or local laws.
WARRANTY DISCLAIMER. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL PRODUCTS, INFORMATION, CONTENT AND SERVICES MADE AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED “AS IS.” EEMAX AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WHATSOEVER REGARDING THE CONTENT OR SERVICES OF THE SITE, ANY PRODUCTS, OR HYPERTEXT LINKS TO OTHER OUTSIDE WEBSITES. EEMAX AND ITS AFFILIATES AND THEIR EMPLOYEES AND AGENTS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES RELATED TO ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE, AND IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOREOVER, EEMAX DOES NOT REPRESENT OR WARRANT THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE AND MATERIAL ACCESSIBLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. EEMAX AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OR PERFORMANCE OF, OR THE INABILITY TO USE, THE SITE, THE PRODUCTS, OR INFORMATION OR FUNCTIONS ON SUCH SITE, EVEN IF EEMAX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL EEMAX AND ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE OR PURCHASING PRODUCTS.
Indemnification. You agree, at your expense, to indemnify, defend, and hold harmless Eemax, its officers, directors, employees, agents, affiliates, distributors, dealers, and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action, or proceeding arising out of your breach of these Terms and Conditions or in connection with your use of this website or any product, including the Products, or service related thereto.
General. These Terms and Conditions and all information on the Site are governed by and will be construed in accordance with the laws of the State of Georgia and of the United States of America, without regard to conflict of law principles. Although users outside of the United States may have access to the Site or Products, the information contained herein is intended only for use by residents of the United States. Eemax specifically reserves all rights to limit provision of our Products to select persons, countries or geographic regions. The venue for any matter relating to or arising from this site will be in the state or federal court of competent jurisdiction in the State of Georgia.
Waiver/Severability. The waiver by either party of a breach or right under these Terms and Conditions will not constitute a waiver of any subsequent breach or right. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and conditions, which will otherwise remain in full force and effect.
Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Eemax concerning the use or access of this website.
Reservation of Rights. Any rights not expressly granted herein are reserved.
Contact Us. For further information or to contact us with questions, concerns, or comments, please contact us through the form at the top of the screen. Although Eemax will, in most circumstances, be able to receive your email or other information provided through the Site, Eemax does not guarantee that it will receive all such email or other information timely and accurately. Eemax shall not be legally obligated to read, act on, or respond to any such email or other information.
Use of this site signifies your agreement to the Terms and Condition of Use.