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Terms of Use

 

Terms of Use for WabashTransformer.com

Definitions in WabashTransformer.com:

  • “WabashTransformer.com,” “Website” or “Site” refers to the website at http://www.wabashtransformer.com by Wabash Transformer, Inc. and its web pages with links
  • “User” or “Users” refers to any Organization or individual who accesses the Website through the URL
  • “Registered User” refers to any Organization or individual who registers for services offered in www.wabashtransformer.com
  • “Access” or “Accessing” means accessing, using, viewing the content of the website or otherwise obtaining information on the website
  • “Agreement” or “Terms” refers to these Terms of Use and any subsequent modification
  • “You” or “Your” refers to the user

 

Terms of Acceptance:

Please carefully read the following Terms (including all disclaimers) before accessing the Website. By accessing the website through the World Wide Web or any other medium, User accepts and agrees to all covenants and conditions imposed in this Agreement.

Wabash Transformer, Inc. reserves the right to modify these Terms at any time without notice to User. Except as otherwise stated herein, any change in these Terms is effective immediately upon User‘s receipt of notice from Wabash Transformer, Inc. Notice can be given through email, posting on the Website or any other means by which User may obtain notice. User agrees to check the Website periodically for changes to these Terms. Any use of the Site after changes have been made shall be deemed acceptance of those changed terms of use. User is solely responsible for providing the equipment related to accessing the Website, including all computers, Internet connection or other required software.

Wabash Transformer, Inc. hereby grants to the User a non-exclusive, non-transferable license to Access the content and information available at the Website according to the provisions contained herein and adherence to these Terms.

Access to WabashTransformer.com:

Wabash Transformer, Inc. provide access services to WabashTransformer.com Website on a continuous basis. To that end, Wabash Transformer, Inc. will take all commercially reasonable efforts to provide uninterrupted Access to the Website to its Users. However, from time to time, Visitors may be unable to access the Website due to conditions beyond Wabash Transformer, Inc.'s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the Website to its Users, Wabash Transformer, Inc. will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.

Wabash Transformer, Inc. endeavors to provide the highest quality content to its Users. To that end, Wabash Transformer, Inc. reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of this Website, including, without limitation, the content, availability, access and/or the Terms of this Website, in whole or in part, or to impose new conditions, including, without limitation, a modification of fees and charges for use at any time. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on this Website.

 

Prohibited Conduct:

  • Transmit, install, upload or otherwise transfer any virus, advertisement, communication, or other item or process to the Website that in any way affects the use, enjoyment or service of the Website, or adversely affects Wabash Transformer, Inc.'s computers, servers or databases
  • Engage in any action that Wabash Transformer, Inc. determines is detrimental to others use and enjoyment of the website
  • Capture, download, save, upload, or otherwise retain information and content available on the website other than what is expressly allowed by these Terms
  • Permit or provide others access to the Website using your register User ID or password or otherwise
  • Copy, modify, reverse engineer, disassemble, redistribute, republish, alter, or adapt any of the software, information, text, graphics, media files, and documents, source code or HTML code, or other content available on the Website
  • Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Website
  • Transfer the Website content to another person; “frame,” “mirror,” “in-line link,” or employ similar navigational technology to the Website content; or “deep link” to the Website content
  • Violate or attempt to violate Wabash Transformer, Inc.'s security mechanisms, access any data or server you are not authorized to access; or otherwise breach the security of the Site or corrupt the Site in any way
  • Engage in any other conduct that violates the Copyright Act or other laws of the United States
  • Use any device or other means to harvest information about other Users
  • Use the Website to violate a third party‘s intellectual property, personality, publicity or confidentiality rights
  • Misrepresent your identity or personal information when accessing the Website
  • Posting obscene, defamatory or illegal material on the Website
  • In order to ensure that Users of the Website do not engage in Prohibited Conduct, Wabash Transformer, Inc. reserves the right to monitor use of the Website and reserves the right to revoke or deny access to the Website to any person or entity whose use of the WabashTransformer.com Prohibited Conduct. Access of the materials available at the Website beyond that of normal patterns of use that suggests systematic copying of the materials constitutes abuse of the Website and will result in revocation or denial of access to services of Website. Solely Wabash Transformer, Inc. shall determine the terms “normal patterns” and “abuse”

Warranties:

Although Wabash Transformer, Inc. has attempted to provide accurate information on the Website; it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timelines or completeness of that information and assumes no responsibility for any errors or omissions therein.

Disclaimer and Limitation to Liabilities:

User accesses this Website at his or her own risk. The Website is provided on an “as is”, “as available” basis without warranty of any kind (Beyond the warranties set forth in Section ‘Warranties’), expressed or implied, and any and all warranties of merchantability or fitness for a particular purpose or non-infringement of third parties rights are specifically disclaimed.

Wabash Transformer, Inc. does not warrant any particular result from use of the Website. Wabash Transformer, Inc. does not warrant that the information on the Website is accurate, complete or complies with any particular law or regulation. Under no circumstances and under no legal theory, tort, contract, or otherwise, shall Wabash Transformer, Inc. or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers or assigns be liable to you or any other person for any indirect, special, incidental, punitive or consequential damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses. Your as a user of this Website is at your risk and any content that you download is downloaded or viewed at your own discretion and risk, and you are solely responsible for any damage to your computer system, and for any loss of data that results from the download or view of any such content, including any damages resulting from computer viruses. In no event will Wabash Transformer, Inc. will be liable for any damages.

Even if Wabash Transformer, Inc. shall have been informed of the possibility of such damages, or for any claim by any other user, in no event will warranties provided by law, if any, apply unless they are required to apply statute notwithstanding their exclusion by contract. This disclaimer is applicable to any damage or injury resulting from negligence or omission of Wabash Transformer, Inc., computer viruses or other similar item, telecommunications, errors, or unauthorized access to or use of user information through theft or any other means. Wabash Transformer, Inc. is not liable for criminal, tortuous, or negligent actions or omissions of third parties that affect this Website.

No dealer, distributor, representative, agent, or employee of Wabash Transformer, Inc. is authorized to make any modifications, extension, or additions to these limited warranties or disclaimers.

The laws of your jurisdiction may prohibit of modify the foregoing disclaimers and limitations on damages, and such disclaimers or limitations on damages may not apply to you.

Third Party Content:

You acknowledge that Wabash Transformer, Inc. does not pre-screen third party materials. The Website may contain links and references to other third party websites and materials. Wabash Transformer, Inc. does not assume any responsibility for these websites or materials and provides these links or materials solely for the convenience of users. Wabash Transformer, Inc. does not endorse or otherwise recommend any of these third party websites, references, or the products, services, or information there offered. Wabash Transformer, Inc. reserves the right to terminate any link or remove any reference found on the Website at any time.

Wabash Transformer, Inc. makes no warranty, either expressed or implied, of the accuracy, merchantability or fitness for a particular purpose of the information provided by third parties.

This includes, but is not limited to; any information found a link located in this Website that allows users to access information found on another Website. Additionally, Wabash Transformer, Inc. does not warrant the existence or functionality of any Website that can be accessed through a link located on this Website. Copyrights, Trademarks and Other Proprietary Rights:

Wabash Transformer, Inc. shall retain all worldwide rights in the intellectual property of the Website, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the "look and feel" of the Website, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything You read or see on the Website is copyrighted, trademarked, or otherwise protected and owned or licensed by Wabash Transformer, Inc. Except as expressly stated on the Website or in these Terms, nothing that You read or see on the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Wabash Transformer, Inc., except as provided in these Terms.

Security:

Users are prohibited from violating or attempting to violate the security of the Website. Wabash Transformer, Inc. will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. Users are required to register, and login with a Email ID and password to access the content, materials hosted in the Website. In order to protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Website. If you use the Website, you do so at your own risk. You are responsible for maintaining the secrecy of your login and password.

Termination of Agreement:

In addition to Wabash Transformer, Inc.‘s other rights, it may terminate this Terms of Use Agreement at any time and at its sole and absolute discretion. Wabash Transformer, Inc. may also terminate access to the Website or cancel registrations, access to the contents in the Website without notice if it believes, in its sole judgment, that you have breached or may breach any term or condition of this agreement, or engaged in conduct that Wabash Transformer, Inc. deems inappropriate, for its convenience or for any other reason.

In the event of termination of this agreement, the provisions in this section and the provisions found in other sections shall survive.

Privacy Statement:

Wabash Transformer, Inc. values your trust and privacy. In order to honor that Wabash Transformer, Inc.‘s employees are required to adhere to high ethical standards in gathering, using, and safeguarding any information you provide. Personal information is gathered only when users make voluntarily online submissions of such information or voluntarily on registration. Wabash Transformer, Inc. gathers only user information that is needed to administer its business and enhance and improve its services.

Miscellaneous:

These Terms constitute the entire agreement between Wabash Transformer, Inc. and user regarding the subject matter hereof. Any previous agreement, whether oral or written, between Wabash Transformer, Inc. and user dealing with the subject matter hereof is superseded. These Terms may only be modified or amended in writing. If any portion of these Terms is determined to be unenforceable for any reason, such portion will be deemed severed and the remaining terms shall continue in full force and effect. Upon user‘s breach or threatened breach of these terms, Wabash Transformer, Inc. may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. Wabash Transformer, Inc.‘s remedies are cumulative and not exclusive. Failure of Wabash Transformer, Inc. to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the agreement at any time thereafter. By accessing the Website, the user signs and accepts this shortening of the statutes of limitations. Wabash Transformer, Inc. makes no representation that the content of the Website is appropriate or available for use in all locations. Wabash Transformer, Inc. operates this Website from the United States and makes no representation that the Website complies with any foreign or international laws. You agree to comply with all applicable local laws, including any international laws, in using this Website. You may not assign your rights or delegate your duties under these Terms. The user and Wabash Transformer, Inc. agree that no third party is an intended beneficiary of these Terms.

Governing Law and Dispute Resolution:

These Terms and any claim, action related to or those arising from these Terms shall be governed by the law of State of Iowa, without regard to any provision that would make the laws of another jurisdiction applicable. All disputes between you and Wabash Transformer, Inc. shall be finally resolved through binding arbitration in State of Iowa. The arbitration shall be conducted by a single arbitrator who is a retired judge. You and Wabash Transformer, Inc. shall conduct discovery as agreed upon or as permitted by the arbitrator. Each may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Both consents to the exclusive jurisdiction and venue of the Iowa Superior Court, County of Clarence, for any equitable claim or action related to or arising from these Terms.

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