Terms & Conditions
Terms and Conditions for Electric Motor Solutions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the services we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
You may use our site only for lawful purposes. You may not use our site in any way that breaches any applicable laws or regulations or is fraudulent or has any unlawful or fraudulent purpose or effect.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Electric Motor Solutions. The collective work includes works that are licensed to Electric Motor Solutions. Copyright 2013, Electric Motor Solutions ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Electric Motor Solutions or purchasing Electric Motor Solutions products. You may display subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Electric Motor Solutions or to purchase Electric Motor Solutions products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Electric Motor Solutions. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Electric Motor Solutions used in the site are trademarks or registered trademarks of Electric Motor Solutions.
This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Electric Motor Solutions disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchant-ability and fitness for a particular purpose and non-infringement. Electric Motor Solutions does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Electric Motor Solutions does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Electric Motor Solutions shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Electric Motor Solutions has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
All specifications as listed on the site are subject to change and are update regularly, and should be used for reference only. In the event that an Electric Motor Solutions product is mistakenly listed Electric Motor Solutions reserves the right to refuse or cancel any inquire or subsequent orders placed for product listed at the incorrect specification. Electric Motor Solutions reserves the right to refuse or cancel any such orders whether or not the order has been confirmed. Any of the “products” on our site may be out of date at any given time, and objective is to update them we are under no obligation to update such products.
These terms and conditions are applicable to you upon your accessing the site and/or completing any inquiry. These terms and conditions, or any part of them, may be terminated by Electric Motor Solutions without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Electric Motor Solutions may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Electric Motor Solutions.
Your use of this site shall be governed in all respects by the laws of the state of Minnesota, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Electric Motor Solutions products) shall be in the state or federal courts located in Minnesota. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Electric Motor Solutions products) must be commenced within one (1) year after the claim or cause of action arises. Electric Motor Solutions failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Electric Motor Solutions may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Electric Motor Solutions or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Electric Motor Solutions does not and cannot review all communications and material posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Electric Motor Solutions is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Electric Motor Solutions reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Electric Motor Solutions in its sole discretion.
You agree to indemnify, defend, and hold harmless Electric Motor Solutions, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Electric Motor Solutions may link to sites operated by third parties. However, even if the third party is affiliated with Electric Motor Solutions, Electric Motor Solutions has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Electric Motor Solutions. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Electric Motor Solutions seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).