PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
BY ACCESSING THIS WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE. ANY CHANGES WILL BE INCORPORATED INTO THE TERMS AND CONDITIONS POSTED TO THIS WEBSITE FROM TIME TO TIME. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
Extended Supply and/or its affiliated companies (herein referred to as "ES", "we", "us", and/or "our"; the terms "we", "us", and/or "our" may also refer to contractors and service providers engaged by ES to support their business activities) own, operate, or control this website and the pages thereof (collectively, the "Website") in order to provide information or to deliver products and services offered by ES and for other business purposes.
Your individual access and use of our Website may be monitored and recorded for our internal business purposes, without liability to you. You acknowledge and agree that when you submit any information to us through our Website such information may be disclosed and transferred among our respective agents and service providers with your consent, subject to the provisions of applicable law. You further agree that we may disclose any information you submit (i) if we have a right or duty to do so, (ii) if we are compelled or permitted by law to do so, (iii) as directed by you, and/or (iv) as necessary to provide you with products or services you have requested.
You agree not to use our Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, obscene, or that infringes the rights of others. You also agree that your use of our Website is personal to you and that you will not resell or assign use of our Website or make any unauthorized commercial use of our Website. You agree that we may display advertisements and promotions of all kinds on the Website. You agree not to use or attempt to use this Website or any part of this Website in any illegal activity such that (i) attempts to probe, scan, or test the vulnerability of any services, systems, networks, servers, or accounts related to the Website, (ii) attempts to violate the security of the website through hacking, password or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of the Website, (iii) attempts to redeliver, reproduce, or circumvent any page, text, image, or materials on the Website, (iv) transmits any harmful or disabling computer codes or viruses, (v) interferes with our network services, (vi) interferes with or induces a breach of the contractual relationships between ES and its customers or service providers, (vii) damages the name and reputation of ES or any of its affiliates, (viii) transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images, or (ix) otherwise interferes with the Website's functionality.
With respect to your account and your online conduct, you agree to comply with all laws, rules, codes, and regulations of the United States.
No information on this Website is intended as a legal offer or solicitation for the purchase of any security or financial instrument, product or service, and all products and services are subject to our eligibility and application requirements. You are solely responsible for determining whether any investment, investment strategy, security, or related transaction is appropriate for you based on your investment objectives, financial circumstances, and risk tolerance. This Website and/or any products, services or information described or provided therein are not intended to be distributed or made available to or used by any person or entity in any jurisdiction, state or country where such distribution, availability or use would violate applicable law.
Products and services described on our Website may be limited to specific geographic areas, and the terms of certain products and services may vary by geographic area. You may not qualify for certain products and services, and we reserve the right to determine eligibility for any product or service. Products and services described, as well as fees, charges, terms and conditions relating to such products and services, are subject to change without notice.
Different products, features and services available on our Website, and/or different pages or sections of our Website, may be subject to separate terms and conditions in addition to the terms of this Agreement. In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product, feature, service, page or section. This Agreement is not intended to affect or amend any agreement or contract between you and any Extended Supply company for the provision of a particular product or service, and our relationship with you as to such particular product or service shall be governed by the written terms of the agreement or contract contemplating such product or service.
This website may contain links to websites not owned, nor operated, controlled, maintained, by us (referred to as “Third-Party Sites”) these links are provided strictly for convenience. If you click a link for a Third-Party Site, you will leave our Website and enter an external website owned, operated, controlled and/or maintained by a third party that is not affiliated with us and that is solely responsible for its own contractual obligations and financial condition. We (i) do not control nor are we responsible for the content, products and/or services provided by any Third-Party Site, (ii) do not endorse or guarantee the products, information, or recommendations provided by any Third-Party Site, and (iii) are not liable for any failure of the products or services advertised on or provided by any Third-Party Site. The privacy and information-sharing and security policies and procedures of Third-Party Sites are distinct from those of Extended Supply, and a Third-Party Site may not provide the same level of security as our Website.
If you are younger than Eighteen (18) years old, you are not authorized to use the services on our website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND.
WE MAKE NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, AND/OR (V) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR EQUIPMENT OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, WHETHER DUE TO ANY VIRUS OR OTHERWISE.
YOU AGREE THAT ES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, MEMBERS, OWNERS, EMPLOYEES AND AGENTS, WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY HARMS, INJURIES, CLAIMS, OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, RESULTING FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY OTHER PERSON USING OR ACCESSING OUR WEBSITE, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS OR LINE OR SYSTEM FAILURE, AND/OR ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE THEREOF. EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT, YOU AGREE TO INDEMNIFY, PROTECT AND FULLY COMPENSATE US, OUR SERVICE PROVIDERS, AND OUR LICENSORS FROM ANY AND ALL THIRD-PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.
You acknowledge and agree that the software used by us in the operation of this Website, and any copyright, patent, trademark, trade secret and all other proprietary rights used by us for this Website are proprietary to us and our Third-party providers As such, you will not gain any ownership or other right, title or interest to them. You agree not to engage in the practice known as “screen-scraping” in an attempt to obtain a list of our Website users.
We may terminate, change, suspend or discontinue any aspect of the Web Site or the Web Site's services at any time.
You agree that if any provision of these Terms of Use shall be found to be unlawful or void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions of these Terms of Use and shall not affect the validity and enforceability of such other provisions.
In addition to these terms and conditions your access and use of this website is subject to our current policies including our Privacy Policy available on our website.
These Terms shall be governed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions. Any dispute relating in any way to these Terms, your visit to the Website, or to any transaction with Extended Supply shall be submitted to confidential arbitration in New York. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. The arbitrator's 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, we agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
You understand and agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
This Agreement constitutes the entire and exclusive agreement between you and us with respect to the use of our Website, and any and all prior terms of use with respect to the use of our Website are superseded by this Agreement. You acknowledge and agree that no practice or course of dealing between you and any Extended Supply company, nor any oral representations by any Extended Supply representative, which vary the terms and conditions of this Agreement shall constitute a modification or amendment of the terms and conditions of this Agreement. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
Failure by Extended Supply to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision, and any such rights or provisions will remain enforceable.
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