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Terms of Use
Download a PDF of Terms of Use
Please Read Carefully Before Using This Website: This website is owned and operated by EMI Corporation, its subsidiaries, divisions, and affiliates ("EMI"). This webpage contains the Terms of Use governing your access to and use of EMI Corporation's website (the "Website"). If you do not accept these Terms of Use, or you do not meet or comply with the provisions, you may not use the Website.
TERMS APPLICABLE TO ALL USERS:
If you are not 18 or older, you are not authorized to use the Website.
Product prices, specifications, descriptions, photographs, etc. are subject to change without notice.
YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS OF USE. IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS WEBSITE.
Scope of Use: You are only authorized to view, use, copy for your records, and download portions of the Content of this Website for your informational, non-commercial use, provided that you leave all the copyright notices including copyright management information and any other proprietary notices intact.
You may not modify, reproduce, transmit, reverse engineer or distribute the Content on this Website, or the design or layout of the Website or individual sections of it, in any form or media. The systematic retrieval of data from the Website is also prohibited. The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of EMI is strictly prohibited.
No Professional Advice: The information available on the Website is intended to be a general information resource regarding various products offered and is not tailored to your specific application. Information contained herein should not be construed as application engineering or other professional advice.
Purchases Made Through Website: Purchases made through the Website are also subject to EMI's Terms and Conditions of Sale.
No Warranties: THE WEBSITE, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH EMI EXPRESSLY DISCLAIMS. EMI DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND EMI WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE. EMI MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Limitation of Liability: YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. EMI SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF EMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
Copyrights and Trademarks: The materials at this Website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on this Website solely for your personal and non-commercial use; however, any print out of this Website, or portions of the Website, must include EMI's copyright notice. No right, title or interest in any of the materials contained on this Website is transferred to you as a result of accessing, downloading or printing such materials. You may not modify, distribute, transmit, display, reproduce, publish, license any part of this Website; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from this Website without the prior written permission of EMI.
Links: We may provide links to various other Websites that may be of interest to you and for your convenience only. However, EMI does not control or endorse such Websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such Websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our website. These Terms of Use policy applies only to EMI's website and the products and services EMI offers. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. EMI reserves the right to terminate any link or linking program at any time. EMI disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites. You may not link to this Website without EMI's written permission.
No Unlawful or Prohibited Use: As a condition of your use of the Website, you warrant to EMI that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
No Spamming: Gathering email addresses from EMI through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited.
User Submissions and Communications: You acknowledge that you own and are solely responsible or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify EMI or its affiliates for all claims resulting from content you supply.
If you make any submission to an area of the Website accessible by the public ("Public Area") or if you submit any business information, idea, concept or invention to EMI by Public Area posting, you represent and warrant that the owner of such content or intellectual property has expressly granted EMI a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas.
E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws. EMI shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.
Users posting to Public Areas on the Website will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, a Website reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. EMI has full discretion to delete messages. Users are encouraged to read the specific forum rules displayed in each discussion forum first before participating in that forum.
EMI reserves the right, but is not obligated to do any or all of the following: i) Monitor, edit, record, or delete any communication in the Public Areas, ii) Examine an allegation that communication does not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication, iii) Remove communication that is abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms of Use, iv) Terminate a Member's access to any or all Public Areas and/or the Website upon any breach of these Terms of Use.
EMI reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. EMI has no liability or responsibility to users of the EMI Website or any other person or entity for performance or nonperformance of the aforementioned activities.
Changes to Terms: EMI may, at any time, for any reason and without notice, make changes to (i) this Website, including its look, feel, format, and content, as well as (ii) the products and/or services as described in this Website. Any modifications will take effect when posted to the Website. Therefore, each time you access the Website, you need to review the Terms of Use upon which access and use of this Website is conditioned. By your continuing use of the Website after changes are posted, you will be deemed to have accepted such changes.
Indemnity: You agree to defend, indemnify, and hold EMI, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.
Governing Law, Location and Miscellaneous: These Terms of Use shall be governed in all respects by the laws of the State of Ohio, USA. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.
Jurisdiction: The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this applies to you, you are not authorized to access or use any of the information on this Website. EMI makes no representation that the information, opinions, advice or other content on the Website (collectively, "Content") is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
ADDITIONAL TERMS APPLICABLE TO REGISTERED USERS:
Accounts and Security: EMI does not warrant that the functions contained in the service provided by the Website will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password ("Password") and Login Name ("Login Name"). You shall provide EMI with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not: i) select or use a Login Name of another person with the intent to impersonate that person; ii) use a name subject to the rights of any other person without authorization; iii) use a Login Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify EMI of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at EMI's sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to request additional information regarding these Terms of Use, please contact us at:
EMI Corporation
28300 Euclid Ave.
Wickliffe, OH 44092
Privacy@EMIcorp.com
(rev. 3/1/2011)