WELCOME TO PEPCO’S WEB SITE. PEPCO AND ITS ASSOCIATES PROVIDE THEIR SERVICES TO YOU SUBJECT TO THE FOLLOWING CONDITIONS. IF YOU VISIT, BROWSE, OR SHOP WITHIN THIS WEBSITE, YOU ACCEPT THESE CONDITIONS. PLEASE READ THEM CAREFULLY.
ACCESS AND USE OF SITE
By using this Site, you and your organization (collectively, "User"), have agreed to be bound by these terms and conditions of use ("Terms"), which may be modified by PEPCO at any time without notice by updating them and posting them on the Site. Use of the Site after the changes to these Terms are posted will be considered acceptance of those changes. PEPCO may also change the Content or the Site at any time without notice. Upon enrollment, PEPCO will provide an administrator selected by the organization ("Administrator") with access to certain web pages and the ability to use certain functions which may be offered from time to time as determined solely by PEPCO. The Administrator shall have the ability to set up additional members of the organization as Users. All access shall be only for legitimate business purposes. You agree not to modify any of the Content on the Site or reproduce, publicly display, perform, distribute or otherwise use the Site or the Content for other than your internal business purposes. If PEPCO, in its sole discretion, determines that your conduct fails to conform to these Terms, PEPCO has the right to automatically terminate your authorization to use this Site without prior notice. In the event of such termination, you must immediately destroy any downloaded or printed materials.
When you visit www.pepconet.com or send e-mails to us, you are communicating with us electronically and thereby consent to receive communications from us electronically. We may communicate with you by e-mail or by posting notices on this site. Users agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of PEPCO or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of PEPCO, with copyright authorship for this collection by PEPCO, and protected by international copyright laws.
PEPCOs trademarks and trade dress may not be used in connection with any product or service that is not PEPCOs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PEPCO. All other trademarks not owned by PEPCO or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PEPCO or its subsidiaries.
LICENSE AND SITE ACCESS
This web site ("Site"), the logos and the materials posted on the Site ("Content") used herein are owned or licensed by Professional Electric Products Company ("PEPCO"). No license is granted to you, directly or indirectly, to use any trademark, service mark or Content reproduced on the Site without the express written permission of PEPCO. Unauthorized use of the Site may violate copyright, trademark or other laws and expose the user to liability.
PEPCO grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PEPCO. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PEPCO. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PEPCO and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing PEPCOs name or trademarks without the express written consent of PEPCO. Any unauthorized use terminates the permission or license granted by PEPCO. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of PEPCO so long as the link does not portray PEPCO, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PEPCO logo or other proprietary graphic or trademark as part of the link without express written permission.
Each User who is authorized to access pages that require a login and password is responsible for maintaining the confidentiality of such User's registration information and password and for all use of its registration information and password, whether or not authorized by such User, and for restricting access to User’s computer. Users further agree to accept responsibility for all activities that occur under their account or password whether or not authorized by such User. User shall notify PEPCO immediately upon the unauthorized use of User's account, registration information, or password. PEPCO and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
PROHIBITIONS ON USE
You agree not to use the Site or any of the Content or the services provided therein for or in connection with any of the following activities:
1. attempting to interrupt the operation of the Site by tampering, hacking or otherwise interfering with security or our networks, transmitting data that contains codes or programs that are intended to destroy, disrupt or otherwise impair a computer's functionality or the operation of any service;
2. using the Site to send chain letters, pyramid schemes or spam;
3. posting or transmitting any unlawful, harmful, harassing, defamatory, sexually explicit or other objectionable material of any kind or any material that is invasive of another's privacy;
4. spoofing or otherwise impersonating another person or entity;
5. using the Site or the Content for any fraudulent or illegal purpose or for collecting personally identifiable information without prior consent;
6. violating any applicable local, state or federal law;
7. interfering with another user's access of the Site, the Content or the services; or
8. violating any other of our rules or policies.
While PEPCO attempts to provide accurate Content on the Site, PEPCO does not warrant the accuracy or completeness of the Content displayed or distributed through the Site. If a product offered by PEPCO itself is not as described, your sole remedy is to return it in unused condition, subject to the limitations of PEPCO’s return policy.
DISCLAIMER OF WARRANTIES
THIS SITE IS PROVIDED BY PEPCO ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEPCO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PEPCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PEPCO DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM PEPCO ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
IN NO EVENT WILL PEPCO, ITS DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USED OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE (OR THE INABILITY TO USE) THE SITE OR THE CONTENTS OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF DATA OR LOSS OF PROFITS, EVEN IF PEPCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS TO THIRD-PARTY WEB SITES
PEPCO provides links to external websites as a service to our users. When users link to an external website, they are leaving the PEPCO site and are subject to the privacy and security policies of the owners/sponsors of the outside website(s). PEPCO does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website and does not exercise any editorial control over the information you may find at these locations. PEPCO does not necessarily endorse the organizations sponsoring linked websites and we do not necessarily endorse the views they express or the products/services they offer. PEPCO cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website. PEPCO is not responsible for transmissions users receive from linked websites.
Neither party may assign, sublicense or otherwise transfer any of its rights or obligations under these Terms without the express prior written consent of the other party.
CHOICE OF LAW AND VENUE
These Terms shall be governed by the laws of the State of Ohio (without regard to conflicts of laws provisions). Each party irrevocably consents to the jurisdiction of the courts of Ohio.
Any dispute relating in any way to your visit to PEPCO or to products you purchase through PEPCO shall be submitted to confidential arbitration in the state of Ohio, except that, to the extent you have in any manner violated or threatened to violate PEPCOs intellectual property rights, PEPCO may seek injunctive or other appropriate relief in any state or federal court in the state of Ohio and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators’ award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All waivers must be in writing and signed by an authorized representative of the party waiving its rights.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please be sure to review our other policies, such as our General Terms and Conditions of Sale, our Shipping and Returns policy. These policies also govern your visit to PEPCO. We reserve the right to make changes to our site, policies, and these of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
TERMS AND CONDITIONS FOR PURCHASE OF PRODUCTS
All orders are subject to PEPCO's Standard Terms and Conditions of Sale, unless otherwise agreed to in writing by PEPCO.