Website Terms & Conditions
By accessing this Midtronics Battery Management Information Systems Website (“Website”), you agree that these Terms and Conditions form a binding agreement between you and Midtronics, Inc. (“Midtronics”). If you do not wish to be bound by these Terms and Conditions, do not use this Website. Midtronics reserves the right to change these Terms and Conditions at any time; accordingly, you should review these Terms and Conditions each time you view the Website. Your continued use of this Website signifies that you agree to be bound by these Terms and Conditions as they may be amended.
The content of this Website, such as text, graphics, images, or information, and other material (collectively, “Content”) is for informational purposes only. Your reliance upon information and Content obtained by you at or through this Website is solely at your own risk. IN NO EVENT SHALL MIDTRONICS BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY DAMAGE OR INJURY (INCLUDING DEATH) TO YOU, OTHER PERSONS, OR PROPERTY ARISING FROM ANY USE OF ANY INFORMATION, IDEA, OR INSTRUCTION CONTAINED IN THE CONTENT.
You acknowledge that the information on this Website is provided "AS IS" for general information only. MIDTRONICS DOES NOT MAKE AND HEREBY DISCLAIM ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, OF ANY KIND REGARDING THIS WEBSITE OR THE INFORMATION IN IT, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, OR ANY WARRANTY THAT THESE PAGES, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. Midtronics reserves the right to change or discontinue at any time any aspect or feature of this Website.
EXCLUSION OF LIABILITY
IN NO EVENT SHALL MIDTRONICS, THEIR LICENSORS, SUPPLIERS OR ANY THIRD PARTIES PROVIDING INFORMATION ON THE WEBSITE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, GENERAL, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, CLAIMS FOR PERSONAL INJURY, WRONGFUL DEATH OR LOST PROFITS, OR DAMAGES RESULTING FROM THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR DUE TO ANY BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MIDTRONICS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You acknowledge that in connection with the Website, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control and jurisdiction of Midtronics and its suppliers. Accordingly, Midtronics assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this Website.
Any claims arising in connection with your use of this Website or any Content must be brought within one (1) year of the date of the event giving rise to such action or be forever barred. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
COPYRIGHT, TRADEMARK AND OTHER PROPRIETARY RIGHTS
The Content consists of copyrighted works proprietary to Midtronics, its licensors or suppliers. You may view, download, and print the Content solely for your use in managing your battery and electrical systems programs. Any other use of the Content is expressly prohibited without our prior written permission and any rights or licenses to any tangible or intangible Midtronics materials not expressly granted herein are expressly reserved to Midtronics. Any unauthorized use of any of the Content is a violation of law and subjects you to all civil and criminal penalties provided for under domestic and international laws covering such unauthorized use.
Midtronics, the Midtronics logo, and Advancing Battery Management and all product and service names, logos and symbols used and displayed on this Website are registered and unregistered trademarks of Midtronics and others. Nothing on this Website shall be construed as granting, by implication, estopple or otherwise, any license or right to use any trademark displayed on this Website without the prior written permission of the trademark owner. Midtronics’ trademarks may not be used in connection with any product or service that is not associated or affiliated with Midtronics, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits Midtronics or the trademark.
Midtronics may provide links on the Website to other websites that are not under the control of Midtronics. Midtronics does not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered therein. Your use of such websites is at your own risk and Midtronics is not liable to you for any loss or damage you may suffer by your use of such websites. You hereby waive any and all claims you may have against Midtronics regarding our inclusion of such links to third party websites or your use of those websites.
APPLICABLE LAW AND VENUE
By accessing this Website, you and Midtronics agree that the statutes and laws of the State of Illinois, without regard to conflicts of laws principles thereof, will apply to all matters arising from or relating to use of this Website, except where pre-empted by the federal laws of the United States of America, in which case such U.S. federal law will apply. You and Midtronics also agree and hereby submit to the exclusive personal jurisdiction and venue of any state court in the State of Illinois, with respect to such matters. Those who choose to access this Website from outside the United States do so on their own initiative and are responsible for compliance with local laws.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
The following provisions of these Terms and Conditions shall survive the expiration or termination of these Terms and Conditions: No Warranties, Exclusion of Liability, Applicable Law and Venue, Severability, Survival, Indemnification, Subscriber Agreement, and Complete Agreement.
Any waiver of any of these Terms and Conditions shall not operate or be construed as a continuing waiver of such term or condition or any other term or condition.
In consideration of Midtronics allowing you to visit and use the Website, you agree to defend, indemnify and hold harmless Midtronics and its divisions, subsidiaries, parents, affiliates, partners, and their respective past, present and future officers, directors, trustees, employees, agents, insurers, servants, managers, estates, predecessors and/or successors in interest, representatives, assigns, attorneys and all other persons, firms, or corporations with whom any of the forgoing may have been, are now, or may thereafter be affiliated (collectively “Releasees”), from any and all claims, charges, injuries (including, but not limited to, death), actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages (including special, general, incidental, consequential, or other damages), judgments, agreements, promises, demands, claims for fees and costs, or liabilities whatsoever, in law or equity, arising out of or relating to your use (lawful or unlawful) of the Website or the Content, your breach of any of the Terms and Conditions set out herein, your use of any linked websites reached through the Website, your inability to access the Website for any reason, your reliance on any errors or omissions on the Website, or your contraction of computer viruses of any nature obtained through your use of the Website or any website accessed through the Website. You agree to defend, indemnify and hold Midtronics, 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 (1) your breach of these Terms and Conditions or (2) your unauthorized or unlawful use of this Website or the Content.
These Terms and Conditions govern your general access of and use of the Website, however, your use of any other services offered by Midtronics or its affiliates is also governed by your agreement with Midtronics or its affiliates relating to the provision of such services (the “Subscriber Agreement”). In the event that any provision of these Terms and Conditions conflicts with any provision of the Subscriber Agreement, the Subscriber Agreement will control.
Except for the Subscriber Agreement, if any, these Terms and Conditions contain the entire agreement between you and Midtronics relating to your use of this Website.