Website Terms & Conditions Of Use

Electrograph Systems, Inc. welcomes you to our web site. When you access, browse or otherwise use the Electrograph Systems, Inc. Web site (the “Site”) YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY ITS TERMS AND CONDITIONS OF USE AND PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Site.

References to Electrograph herein refers to Electrograph Systems, Inc., its parent company, affiliates, subsidiaries, or designees and each of their respective officers, directors, employees, and agents as deemed appropriate by Electrograph Systems, Inc.

Electrograph reserves the right to make changes to the Site and its Terms and Conditions of Use and Privacy Policy at any time. Each time you use the Site, you should visit and review the then current Terms and Conditions of Use and Privacy Policy that apply to your transactions and use of this site. If you are dissatisfied with the Site, its content or Terms and Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Site. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

DISCLAIMERS AND LIMITATION OF LIABILITY

BY USING THE SITE, YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER ELECTROGRAPH NOR ITS THIRD-PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MANUFACTURERS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ELECTROGRAPH NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE SITE. ALL INFORMATION ON THIS SITE REGARDING PRODUCTS AND SERVICES PROVIDED BY ELECTROGRAPH AND ITS ASSOCIATES IS SUBJECT TO CHANGE WITHOUT NOTICE. REASONABLE EFFORTS ARE TAKEN TO ENSURE THE ACCURACY AND INTEGRITY OF ALL INFORMATION PROVIDED ON THE SITE, BUT ELECTROGRAPH IS NOT RESPONSIBLE FOR MISPRINTS, OUT-OF-DATE INFORMATION, OR ERRORS. ELECTROGRAPH MAKES NO WARRANTY, EXPRESS OR IMPLIED, OR ASSUMES ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON THIS WEBSITE. FURTHER, ELECTROGRAPH MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE SITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES. ELECTROGRAPH AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTIBILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. ADDITIONALLY, ELECTROGRAPH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE SITE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ELECTROGRAPH OR ITS ASSOCIATES SHALL CREATE A WARRANTY. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL ELECTROGRAPH OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ELECTROGRAPH HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE SITE. TO THE EXTENT THAT SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ERRORS ON THE SITE

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Electrograph reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its Affiliates and any of their respective officers, directors, agents or employees, from and against any liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third party alleging, arising, related, or resulting from your use (or use by any third party using your account) of the Site in violation or breach of the Terms and Conditions of Use.

TERMINATION OF USE

Electrograph may, in its sole discretion, terminate your account or your use of the Site at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Electrograph reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.

TRADEMARKS AND OWNERSHIP

The Electrograph logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Electrograph and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

PROPRIETARY RIGHTS

All content included on or comprising the Site including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. copyright laws, and Electrograph or its Associates or other third party licensors may own, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

If no specific restrictions are displayed, you may download Content displayed on the Site only for non-commercial, personal use provided you also retain all copyright, trademark legends and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, reuse, repost, "frame" or otherwise exploit the content of the Site, in whole or in part, including, but not limited to the text, images, audio and/or video for public or commercial purposes. It is strictly prohibited to download the images of the products for sale within this site.

COPYRIGHT INFRINGEMENT OBLIGATIONS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT

Pursuant the Digital Millennium Copyright Act, all claims of copyright infringement for material that is believed to be residing on the Site, should be promptly sent in the form of written communication to Electrograph's Designated Agent:

Chief Executive Officer 50 Marcus Boulevard Hauppauge, New York 11788 Phone: (631) 951- 8333 Facsimile: (631) 951-8885 Email: marketing@electrograph.com

The following information must be included in all claims:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

LINKS TO THIRD PARTY WEB SITES

The Electrograph Web site contains links to other sites operated by third-parties, including but not limited to third-party sites that display the Electrograph trademarks ("Third-Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose.

ELECTROGRAPH DOES NOT WARRANT OR MAKE ANY REPRESENTATION ABOUT THE SUBSTANCE, COMPLETENESS, USEFULNESS, QUALITY, FUNCTIONALITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OR ANY OTHER REPRESENTATION ABOUT ANY THIRD-PARTY SITE OR ITS CONTENT. A LINK TO A THIRD-PARTY SITE ON THE ELECTROGRAPH WEB SITE DOES NOT CONSTITUTE SPONSORSHIP, ENDORSEMENT, APPROVAL OR RESPONSIBILITY FOR ANY THIRD-PARTY SITE. ELECTROGRAPH MAKES NO REPRESENTATION OR WARRANTY AS TO ANY PRODUCTS OR SERVICES OFFERED ON ANY THIRD-PARTY SITE.

The conditions of use and privacy policy of any Third-Party Site may differ substantially from the Terms and Conditions of Use and Privacy Policies that apply to your use of the Electrograph Web site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites.

SUBMISSIONS BY SITE USERS

By using the Electrograph Web site, you agree that any information (except for purchase information), materials, suggestions, ideas or comments (“Submissions”) you send to Electrograph or any other third party using the Electrograph Web site is non-confidential, regardless of how Submissions may be marked. Neither Electrograph or its Associates, or any of their respective officers, directors, agents or employees shall be liable for any use or disclosure of any Submissions. By submitting any solicited or unsolicited information using the Electrograph Web site, you grant Electrograph an irrevocable, unrestricted and royalty free license to use, modify, reproduce, transmit, sublicense, display, distribute, create derivative works from and otherwise exploit such Submissions for any purpose and in any manner whatsoever to the extent permitted by law. You also warrant that you own or otherwise control all of the rights to any Submissions you submit or post on or to the Site or otherwise transmit to Electrograph and that any public posting or private use of the Submissions will not infringe on the rights of any third party. You acknowledge that you are not entitled now, or in the future to any compensation for any Submissions and waive the benefits of any provisions of the law that may grant such rights. You and your successors and assigns hereby waive any and all right s and remedies you may have against the Electrograph, or its Associates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release Electrograph, its Associates, and any of their respective officers, directors, agents, and employees for any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively “Claims”) relating to providing, posting, transmitting or making available through the Site Submissions to Electrograph or Electrograph receiving, evaluating, and utilizing the Submissions. You further agree to indemnify, defend, protect and hold harmless Electrograph, its Associates, and any of their respective officers, directors, agents and employees from and against any and all Claims, including without limitation, Claims that any Submissions misappropriate or infringe upon the rights of any third party, and reasonable attorneys’ fees and expenses, which result or arise from, or are based on, the receipt, evaluation or use of Submissions by Electrograph, its Associates or its third party licensees.

INTERNET PURCHASING

Please review the Sales Terms and Conditions for information regarding the policies governing purchases made on the internet.

PRIVACY

Please review the Electrograph Privacy Policy for information on the privacy practices of the Electrograph Web site.

SECURITY

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account and password.

The Electrograph Web site may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Electrograph Web site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using the web site for unintended purposes or trying to change the behavior of the site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing;"; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (g) forging communications on behalf of the Web site (impersonating the Electrograph Web site) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Electrograph, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability. You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Electrograph Web site or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Electrograph Web site other than the search engine and search agents provided by Electrograph or generally publicly available browsers.

APPLICABLE LAW

You agree to use the information and content on the Site in compliance with all applicable State and Federal laws, rules and regulations. The Site is controlled by Electrograph from its offices within the United States of America. Electrograph makes no representation that the Site or the content is appropriate or available for use in other locations, and access to them from the territories where the content is illegal is prohibited. Those who choose to access this from other locations do so on their own initiative and are responsible for compliance with applicable local laws. The Terms and Conditions of the Site and any claim related to this Site, the products, or services provided through this Site or the content shall be governed by and interpreted under the internal substantive laws of the State of New York without regard to conflict of law principals. The exclusive venue and jurisdiction for all claims and disputes arising under the Terms and Conditions of Use or in connection with the Site shall be in the appropriate state or federal courts located in Suffolk County in the State of New York and you hereby submit to the exclusive jurisdiction of these courts.