1. GENERAL AND ACCEPTANCE
1.2. This Agreement governs your use of: (i) our website, located at: https://walterelectric.com/ and operated by the Company (“Website”); and (ii) any related services thereto (“Services”). Throughout this Agreement, we will refer to Website and Services together with any software, data, information or other material contained in or accessible via the Website and/or the Services, collectively as the “Walter Electric Website”.
1.3. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement. This Agreement applies equally to both genders, and the masculine language is used for convenience reasons only.
1.4. BY BROWSING, ACCESSING AND/OR USING ANY PART OF THE WALTER ELECTRIC WEBSITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY PART OF THE WALTER ELECTRIC WEBSITE.
1.5. By browsing, accessing and/or using any part of the Walter Electric Website (whether with or without registration) you represent and warrant that: (i) You are 18 years of age or older; (ii) you are eligible to enter into binding contracts; you have an email address; and (iv) you have a valid credit card issued in USA by one of the credit card companies.
1.6. Please note that the Company reserves the right, at its sole discretion, to revise, modify or change or remove portions or all of this Agreement, at any time, by notifying you via electronic mail (to the e-mail address expressed on your contact form). Your use of, including browsing through or accessing of any part of the Walter Electric Website, after such notice is provided, shall constitute your consent to the new or revised Agreement.
2. USING THE WALTER ELECTRIC WEBSITE AND FILLING OUT CONTACT FORMS.
2.1. In order to schedule service using the Walter Electric Website, you must fill out a contact form located at https://walterelectric.com/contact-us/. This is so that we can understand the service you require and put you in contact with one of our service professionals.
2.2. The contact form shall include the following information:
2.2.1. First and last name;
2.2.2. Valid personal email address that you access regularly;
2.2.3. A telephone number;
2.2.4. A street address, including city state and zip code;
2.2.5. A brief description of the service you are in need of.
2.3. You agree to (i) provide accurate, truthful, current and complete information when filling out the contact form. For more details about this); (ii) maintain and promptly update your contact information; (iii) promptly notify us if you discover or otherwise suspect any security breaches relating to the Website; and (iv) take responsibility for all activities that occur in connection with your use of the Walter Electric Website and accept all risks of unauthorized access. Please note that you are entirely responsible if you allow others to access or use your computer or mobile device to access the Walter Electric Website.
3. RESTRICTIONS USE; UNAUTHORIZED OR ILLEGAL USE
3.1. Without derogating from any provisions of this Agreement, the following prohibitions shall apply while using the Walter Electric Website:
3.1.1. You may not transmit unauthorized communications through the Walter Electric Website, including junk mail, chain letters, spam and any materials that promote malware, spyware and downloadable items;
3.1.2. You may not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Walter Electric Website using any method not approved in writing by the Company;
3.1.3. You agree not to reproduce, republish, upload, post, transmit, make available to the public, or otherwise distribute, or any part or any modification or derivative work of the Walter Electric Website;
3.1.4. You may not institute, assist or become involved in any type of attack, including distribution of a virus, attacks upon the Walter Electric Website that prevents access to or use of the Walter Electric Website, other attempts to disrupt the Walter Electric Website, gain unauthorized access to the Walter Electric Website, or disrupt any other person’s use or enjoyment of the Walter Electric Website;
3.1.5. You shall not use, facilitate, create, or maintain any unauthorized connection to the Walter Electric Website, including: (i) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Walter Electric Website; or (ii) any connection using programs, tools, or software not approved in writing by the Company; and
3.1.6. You shall not copy, modify or distribute rights or content from the Services, or the Company’s copyrights or trademarks or use any method to copy or distribute the content of the Walter Electric Website except as specifically allowed in this Agreement;
3.2. If you violate any of the limitations set forth herein and/or commit fraud or falsify information in connection with your use of the Walter Electric Website, we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Walter Electric Website.
3.3. Without derogation from anything in this Agreement, the Company reserves the right to decline any new Services, or to prevent any use of the Walter Electric Website (or any part of the Walter Electric Website), at any time in its sole discretion without providing any prior notice, including due to any of the following: (i) the User performed an illegal acting by the law; (ii) the User violated any provision of this Agreement; (iii) the User provided incorrect information when filling out a contact form; (iv) the User performed an act or omission that harms the Company and/or anyone on its behalf and/or proper functioning of the Walter Electric Website and/or on any third party.
4. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
4.1. The Walter Electric Website is provided by the Company on an “as is” and “as and when available” basis to users. You use the Walter Electric Website at your own risk.
4.2. The Company makes considerable efforts to make information made available via the Walter Electric Website as accurate as possible but no warranty or fitness is implied.
4.3. Neither the Company nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensers, or the like, makes any representation or warranty or condition, either express or implied, to you.
4.4. In jurisdictions that do not allow the exclusion or disclaimer of certain warranties, the above exclusion may not apply to you.
5. LIMITATION OF LIABILITY
5.1. Under no circumstances will the Company or any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensers, or any other party involved in the creation, production, maintenance or distribution of the Walter Electric Website be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to loss of profits, business, anticipated savings, goodwill, use of data or other intangible losses) that result from User’s use of the Walter Electric Website.
5.2. If any jurisdiction does not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
5.3. LIMITATION OF LIABILITY. WITHOUT DEROGATING FROM THE ABOVE, IN ANY EVENT THE COMPANY’S TOTAL AGGREGATE LIABILITY TO THE USER OR ANY OTHER PERSON OR ENTITY FOR ANY AND ALL CLAIMS AND DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT IN CONNECTION WITH A SPECIFIC TRANSACTION (WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) SHALL IN NO EVENT EXCEED THE FEES PAID TO THE COMPANY FOR SUCH TRANSACTION.
6. INTELLECTUAL PROPERTY
6.1. All intellectual property rights in the Walter Electric Website, including all copyright, patents, trademarks, service marks, trade names, designs, whether registered or unregistered, information, and content on the Walter Electric Website, any database operated by us and all the Walter Electric Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain the property of the Company (or that of its licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property rights. All rights are reserved.
6.2. None of the material listed in Section 6.1 above may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without our permission.
7. JURISDICTION AND GOVERNING LAW
7.1. This Agreement and any dispute shall be governed by and construed in accordance with Laws of the State of Maryland and/or applicable federal law, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction. Parties agree to submit to the exclusive jurisdiction of the courts located within the State of Maryland to resolve any dispute arising out of this Agreement.
8.1. These conditions and any and all documents specifically referenced herein constitute the entire agreement between you and the Company with respect to the subject matter hereof. If any provision contained in these conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these conditions and the remaining provisions shall continue in full force and effect.
This Agreement was most recently updated on the May 1, 2019.