TERMS OF ACCESS
This list does not address the separate policies and terms referenced in the Terms of Access and does not include discussion regarding compliance with applicable privacy or data security laws, consumer protections laws, or other regulatory regimes, including the ADA.
Welcome
Welcome to the ERIndustrial.com website, owned and operated
by E&R Industrial (“E&R Industrial,”
“we” or “us”). The ERIndustrial.com website, together with the
content, software, services, and functionality offered on or through the
website are collectively referred to as the “E&R Industrial Property”
in these Terms of Access. The E&R Industrial Property offers industrial
supplies and safety products to help keep your business running. We make the E&R
Industrial Property available to you subject to your agreement to these Terms
of Access. The purchase of products and services available through the E&R
Industrial Property is subject to additional terms and policies. You should review those terms and
policies before making a purchase. These Terms of Access (including all
documents, policies, conditions, and notices referenced in these Terms of
Access) are collectively referred to as this “Agreement.” In this
Agreement, the words “include” and “including” will not be construed as terms
of limitation. This Agreement is a legally binding contract between you and E&R
Industrial. By accessing the E&R Industrial Property in any way, including,
without limitation, browsing the E&R Industrial Property, using any
information contained on or in the E&R Industrial Property, creating a User
Account (defined below), and/or submitting information to E&R Industrial,
you agree to and are bound by this Agreement, including, but not limited to,
conducting transactions electronically, disclaimers of warranties, damage and
remedy exclusions and limitations, and a choice of Illinois law. Our collection
and use of personal information in connection with your access to and use of
the E&R Industrial Property, whether or not you are a registered user, is
described in our Privacy Policy.
1. Updates to this Agreement
From time to time, E&R Industrial may update this Agreement. If we materially update any portion of this Agreement, we will notify you by posting a revised Agreement through a notice on our website before the date the update becomes effective. We will also post the updated Agreement in its original location marked with the new date. Changes will not be retroactive. If you object to any changes, you should not access or use the E&R Industrial Property. Your continued access or use of the E&R Industrial Property after we publish our changes to this Agreement means that you are consenting to the updated terms.
2. E&R Industrial Property
A. Your Right to Use E&R Industrial Property
E&R Industrial grants you a limited, non-exclusive, non-transferable, non-assignable, non-sublicensable, fully revocable license to access and make use of the E&R Industrial Property solely for legitimate non-commercial, business purposes, and as permitted by the features and functionalities of the E&R Industrial Property, subject to this Agreement. Any access or attempt to access other areas of E&R Industrial Property or any Grain E&R Industrial ger systems or other information contained on E&R Industrial Property or E&R Industrial systems for any other purposes is strictly prohibited. You will not (i) remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the E&R Industrial Property, or on any materials printed or copied from the E&R Industrial Property; or (ii) dilute, tarnish or otherwise harm our brand in any way, including through unauthorized use of E&R Industrial Property, registering and/or using E&R Industrial or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to E&R Industrial domains, trademarks, taglines, promotional campaigns or E&R Industrial Content.
B. Eligibility
You may use the E&R Industrial Property only if you can form a binding contract with E&R Industrial, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the E&R Industrial Property by anyone under eighteen (18) years of age is strictly prohibited and in violation of this Agreement. Please note that if you are an individual and you access or use the E&R Industrial Property on behalf of a company or other entity, such as your employer (together with its affiliates, an “Organization”), then: (a) this Agreement is an agreement between us and you and us and that Organization; (b) you represent and warrant that you have the authority to bind that Organization to this Agreement (and if you do not have that authority, you may not access or use the E&R Industrial Property); (c) your acceptance of this Agreement will bind such Organization to this Agreement; (d) your individual right to access and use the E&R Industrial Property may be suspended or terminated (and ownership and administration of your account may be transferred) if you cease to be associated with, or cease to use an email address associated with or provisioned by, that Organization; (e) we may disclose information regarding you and your use of the E&R Industrial Property with such Organization; and (f) the terms “you” and “your”, as used in these Terms, refer to both you and such Organization. If you sign up for the E&R Industrial Property using an email address associated with or provisioned by an Organization, or if an Organization pays fees due in connection with your access to or use of the E&R Industrial Property (or reimburses you for payment of such fees), or otherwise, then, we may deem you to be accessing and using the E&R Industrial Property on behalf of that Organization in our sole discretion.
C. User Accounts
To use certain features on the E&R Industrial Property, such as viewing your past orders or saved searches, you may need to register and create an account on the E&R Industrial Property (your “User Account”). You should not use another user’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (a password that is unique to the account, is 16 or more characters or a passphrase) with your User Account. If we determine that your password is unsafe, we may notify you and recommend you use a different strong password. If you use a weak password or one, we identify as unsafe, you accept all liability and risk if someone uses that password to access your account without your authorization. You must notify E&R Industrial immediately of any breach of security or unauthorized use of your User Account. E&R Industrial will not be liable for any losses caused by any unauthorized use of your User Account. By providing E&R Industrial your email address you consent to our using the email address to send you service-related notices relating to the E&R Industrial Property, including any notices required by law or regarding updates to this Agreement, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the E&R Industrial Property and, depending on where you are resident, special offers. E&R Industrial will not be responsible for automatic inbox filtering in connection with the notifications it sends via email.
D. Availability of E&R Industrial Property
Due to the nature of the Internet, we cannot guarantee the continuous and uninterrupted availability of any portion of the E&R Industrial Property and are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control. We may temporarily restrict the availability of the E&R Industrial Property or certain areas or features thereof with or without notice. We may from time to time change, discontinue, enhance and modify the E&R Industrial Property and introduce new features or functionality from time to time. You agree that you do not have any rights in the E&R Industrial Property and that E&R Industrial will have no liability to you if the E&R Industrial Property is discontinued or your ability to access the E&R Industrial Property or any content you may have posted on the E&R Industrial Property is terminated. By accessing or linking to the E&R Industrial Property, you assume the risk that the information on the E&R Industrial Property may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. E&R Industrial may add, change, discontinue, remove, or suspend any of the information, features and other content included in the E&R Industrial Property at any time, without notice and without liability. Due to the open nature of the E&R Industrial Property, and the potential for errors in the storage and transmission of digital information, E&R Industrial does not warrant the accuracy of information contained on or obtained from the E&R Industrial Property.
E. Hypertext Links
The E&R Industrial Property may be linked to other sites that are not maintained by E&R Industrial. E&R Industrial is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by E&R Industrial of the linked sites. E&R Industrial disclaims any and all liability for links: (i) from another site to the E&R Industrial Property, and (ii) to another site from the E&R Industrial Property. E&R Industrial is not responsible for the information, material, or services of linked third-party web-sites and does not make any representations regarding their content or accuracy. If you choose to link from the E&R Industrial Property or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and E&R Industrial’s Privacy Policy do not apply to your use of such sites.
F. Accessibility
W.W. E&R Industrial, Inc. is committed to accessibility, diversity and inclusion for all of its guests. We believe everyone should be able to easily shop online at www.E&R Industrial .com and access our services easily. We set high standards for web accessibility and constantly strive to ensure we’re in compliance with all laws and guidelines. Our team is filled with professionals who are dedicated to making your online experiences the best they can be. We welcome feedback from guest experiences. If you have any questions about our accessibility features, please contact us at erweborders@erindustrial.com.
Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the E&R Industrial Property may be governed by rules or terms that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules or terms as well as our Privacy Policy. If the rules or terms for a Promotion conflict with this Agreement, the Promotion rules will govern.
3. Use of and Responsibility for Content
A. Uploading Images, Reviews and other Content
From time to time on certain areas of the E&R Industrial Property you may be able to submit or transmit to, though, or in connection with the E&R Industrial Property any information (including personal information), text, links, graphics, photos, images, audio, videos, and all other forms of data or communication ("User Content"). By submitting or otherwise transmitting any User Content on or through the E&R Industrial Property, you hereby grant to E&R Industrial a limited, perpetual, irrevocable, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties (including other users), for use with marketing or on other media or platforms known or hereinafter developed. Insofar as User Content includes personal information, including. but not limited to, images or photographs of individuals, you agree that such personal information will be used or disclosed for these purposes. E&R Industrial does not guarantee any confidentiality with respect to any of your User Content. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to this Agreement and the license described herein. You are responsible for the accuracy and reliability of all User Content. E&R Industrial will in no way be liable for any lack of legality, infringement, or appropriateness of User Content. All users are prohibited from submitting User Content that is offensive, deceptive, or contains advertising. You represent and warrant that you own or have a valid license to User Content set forth herein, and the displaying, publishing, or posting of any content you submit, and E&R Industrial ’s use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. You warrant that you possess, either directly or through the owner of any User Content, all rights to the User Content submitted, displayed, published, or posted by you on the E&R Industrial Property necessary to grant E&R Industrial the rights to such User Content pursuant to the license granted and otherwise have the right and necessary licenses and permissions from third parties to grant the license above.
If you make any submission or if you submit any business information, idea, concept or invention to E&R Industrial by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-E&R Industrial a royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully sublicensable right and license to use, reproduce, create derivative works from, modify, adapt, publish, edit, translate, distribute, perform, and publicly display such submission or User Content in any media or medium, or any form, format, or forum now known or hereafter developed. If you wish to keep any business information, ideas, concepts, or inventions private or proprietary, do not submit them to E&R Industrial.
B. Third-Party Technology, Websites and Applications
The E&R Industrial Property may include third-party technology, services, software, applications, and links to third-party websites (“Technology”). E&R Industrial is not responsible for the practices or policies of such third parties, nor the content of any third-party website or application, and does not make any representation regarding third-party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third-party website or application, you do so at your own risk and on an “as is” basis. Third-party technology may be subject to separate terms and conditions applicable to such technology. To the extent applicable, your use of such third-party Technology is subject to this Agreement as well as the additional terms and conditions as E&R Industrial may provide to you from time to time. In the event of conflict between third-party terms and this Agreement, this Agreement shall control as between You and us.
4. ACCEPTABLE USE OF THE E&R INDUSTRIAL PROPERTY
Your permission to use the E&R Industrial Property is contingent on your compliance with all applicable law, in addition to the following rules:
You will not engage in any activity that, in our sole judgment, restricts or inhibits any other person from using or enjoying any aspect of the E&R Industrial Property or exposes or may expose any users or visitors to the E&R Industrial Property to any harm or liability of any sort, whether by posting User Content refers to which includes content posted by You as well as any or any content posted by any other User or otherwise, including by (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity, or disguising the origin of any posting that you submit; (ii) threatening, stalking, harming, or harassing others, or promoting bigotry or discrimination; (iii) discriminating against or harassing anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; (iv) engaging in any unlawful, tortious, threatening, defamatory, libelous, obscene, violent, harmful, abusive or disruptive behavior; or (v) violating, infringing or invading anyone else’s rights including but not limited to a third-party’s intellectual property rights, posting any User Content that contains personal information about any individual, violating the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential. If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior; (ii) you suspect of stealing from you; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to us by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any). E&R Industrial does not control, maintain or monitor user interactions or user content.
E&R Industrial Reserves the Right (but is Not Obligated) to Do Any or All of the Following:
1. Investigate an allegation that a communication(s) do(es) not conform to the Terms of Access and determine in E&R Industrial ’s sole discretion to remove or request the removal of the communication(s).
2. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with this Agreement.
3. Terminate a user's access to E&R Industrial .com upon any breach of this Agreement.
4. Monitor, edit, or disclose any User Content on E&R Industrial Properties.
5. Edit or delete any communication(s) posted on the E&R Industrial Properties, regardless of whether such communication(s) violate these standards.
B. Unauthorized Use of E&R Industrial Content
You will not download, display, or use any E&R Industrial Content: (i) for use in any publications, in public performances, or on websites or applications other than the E&R Industrial Property; (ii) for any unpermitted commercial purpose; (iii) in connection with products or services that are not those of E&R Industrial ; or (iv) in any other manner that is likely to cause confusion, that disparages or discredits E&R Industrial and/or its licensors, or that dilutes the strength of E&R Industrial ’s or its licensor's intellectual property, or that otherwise violates, infringes or misappropriates E&R Industrial ’s or its licensors’ intellectual property rights or proprietary rights or constitutes any other misuse of E&R Industrial Content. Use of the E&R Industrial Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Notice and Takedown Procedures,
and Copyright Agent
If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to the erweborders@erindustrial.com and follow the instructions and provide the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringing and its location. Please describe the material and provide the URL or any other pertinent information that will allow E&R Industrial to locate the material.
3. Your name, address, telephone number and (if available) e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
E&R Industrial agent for copyright issues relating to this web site is as follows:
E&R Industrial, Inc.
40800 Enterprise Drive
Sterling Heights, MI, 48314
email to erweborders@erindustrial.com
In an effort to protect the rights of copyright owners, E&R Industrial maintains a policy for the termination, in appropriate circumstances, of users who are repeat infringers.
C. Harm to Our Systems, Property and Security[CEK7]
When using the E&R Industrial Property, you will not: (i) use any electronic communication feature of the E&R Industrial Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (ii) retrieve, index, scrape, data mine or otherwise gather any E&R Industrial Content, E&R Industrial Property, or other data, content or materials (including through use of any robot, spider, screen scraping, web harvesting, data, content, extraction, or similar software or technologies). (iii) reproduce or circumvent the navigational structure or presentation of E&R Industrial Content or E&R Industrial Property; (iv) upload, post, reproduce, or distribute any information, software, content or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (v) collect or store personal information about other users; (vi) use the E&R Industrial Property for any commercial transactions that are unrelated to the purposes for which the E&R Industrial Property was provided; (vii) upload, post, email, or otherwise transmit any advertising or promotional materials, spam or any other form of solicitation or unauthorized communication, either directly through the E&R Industrial Property (including through its interactive features) or to users through communication channels outside of the E&R Industrial Property, or otherwise contact another user through the E&R Industrial Property or unsolicited outside of the E&R Industrial Property for any purpose; and (viii) upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality or operation of the E&R Industrial Property, any feature of the E&R Industrial Property, or any computer software or hardware or telecommunications equipment.
5. Ownership
A. Intellectual Property Rights
Content on the E&R Industrial Property that is provided by E&R Industrial or its licensors, including software, graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing ("E&R Industrial Content") and the E&R Industrial Property is the property of E&R Industrial or its licensors (or, to the extent applicable, their licensors or users), and is protected in the U.S. and internationally under trademark, patent, trade dress, trade secret, copyright, and other intellectual property laws. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights, and you agree not to sell, license download, screenshot, rent, modify, distribute, copy, reproduce, transmit, display to third parties, publicly perform, publish, adapt, edit or create derivative works from any E&R Industrial Content.
Subject to the licenses granted in this Agreement, you retain ownership of any copyright and other rights you have in User Content, except that you irrevocably waive, and cause to be waived, against E&R Industrial, our affiliates and other users, any claims and assertions of moral rights or attribution with respect to User Content. You understand and agree that you have no ownership rights in the User Account or any other account you may have with E&R Industrial, or other access to the E&R Industrial Property or features therein.
B. Trademarks
Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the E&R Industrial Property or third-party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. You agree to neither directly or indirectly obtain, nor attempt to obtain, during the term of this Agreement or at any time thereafter, any right, title or interest in or to the Trademarks of E&R Industrial or any third-party Trademark and shall not challenge the ownership or validity of such Trademarks, and you hereby expressly waive any right which it may have to do so. You understand any Trademark on E&R Industrial Property cannot be used unless E&R Industrial, or the Trademark owner, provides a license in writing for use. Any goodwill associated with use of any Trademark of E&R Industrial or the Trademark owner will inure to the benefit of the owner of the Trademarks.
C. Feedback
We welcome and encourage Feedback. You may submit Feedback by emailing us at or by other means of communication, including your User Content. With respect to your Feedback you acknowledge that: (i) E&R Industrial receives numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Feedback, and that E&R Industrial ’s review of your Feedback is not an admission of novelty, priority or originality; and (ii) E&R Industrial ’s use of any ideas similar to your Feedback, whether based on your User Content, provided to E&R Industrial by third parties, or independently developed or considered by E&R Industrial , shall be without obligation to you. By submitting Feedback to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute, and sublicense in any manner the Feedback, and you irrevocably waive, and cause to be waived, against us or our users any claims and assertions of any moral rights contained in such Feedback. “Feedback” includes concepts, ideas, feedback, materials, proposals, suggestions, and the like relating to E&R Industrial, the E&R Industrial Property or E&R Industrial ’s initiatives.
6. Termination
E&R Industrial may terminate this Agreement at any time and suspend your User Account and delete all User Content associated with your User Account at any time, and without notice, if E&R Industrial deems that you have violated this Agreement, the law, or for any other reason. In such event, you may not register a new User Account or access and use the E&R Industrial Property through a User Account of another user. E&R Industrial assumes no liability for any information removed from the E&R Industrial Property and reserves the right to permanently restrict access to the E&R Industrial Property. The sections of this Agreement entitled “Indemnification,” “Representations and Limitations of Liability,” “Privacy and Security,” “Miscellaneous,” and any other terms which by their nature survive termination (e.g., “Trademarks”) shall survive the termination of this Agreement.
7. Indemnification
You agree to indemnify, defend and hold E&R Industrial , its parents, affiliates, subsidiaries, officers, employees, and subcontractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your use of E&R Industrial Properties, the violation of this Agreement or which arises from the use of User Content you submitted, posted, or otherwise provided to E&R Industrial or the E&R Industrial Property.
8. REPRESENTATIONS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY, AS THIS SECTION LIMITS E&R INDUSTRIAL ’S LIABILITY TO YOU FOR ISSUES THAT MAY ARISE IN CONNECTION WITH YOUR USE OF THE E&R INDUSTRIAL PROPERTY, THE E&R INDUSTRIAL CONTENT, USER CONTENT, OR ANY OTHER E&R INDUSTRIAL PROPERTY FEATURE OR FUNCTION. IF YOU DO NOT UNDERSTAND THE TERMS IN THIS SECTION OR ELSEWHERE IN THIS AGREEMENT, PLEASE CONSULT A LAWYER FOR CLARIFICATION BEFORE ACCESSING OR USING THE E&R INDUSTRIAL PROPERTY. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
E&R INDUSTRIAL MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY OF THE FEATURES OR FUNCTIONS OF THE E&R INDUSTRIAL PROPERTY, THE E&R INDUSTRIAL CONTENT, USER CONTENT PROVIDED BY YOU OR ANY OTHER USER, OR ANY OTHER E&R INDUSTRIAL PROPERTY FEATURE OR FUNCTION AND DISCLAIMS ALL LIABILITY IN THE EVENT OF ANY SERVICE FAILURE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON SUCH MATERIAL OR SYSTEMS WILL BE AT YOUR OWN RISK. E&R INDUSTRIAL MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF TIME THAT ANY CONTENT OR USER CONTENT WILL BE PRESERVED. E&R INDUSTRIAL DOES NOT ENDORSE, VERIFY, EVALUATE OR GUARANTEE ANY INFORMATION PROVIDED BY USERS AND NOTHING SHALL BE CONSIDERED AS AN ENDORSEMENT, VERIFICATION OR GUARANTEE OF ANY USER CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY USE OR RELIANCE ON ANY USER CONTENT WILL BE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY SUCH USE OR RELIANCE. YOU SHALL NOT CREATE OR DISTRIBUTE INFORMATION, INCLUDING BUT NOT LIMITED TO ADVERTISEMENTS, PRESS RELEASES OR OTHER MARKETING MATERIALS, OR INCLUDE LINKS TO ANY SITES WHICH CONTAIN OR SUGGEST AN ENDORSEMENT BY E&R INDUSTRIAL WITHOUT THE PRIOR REVIEW AND WRITTEN APPROVAL OF E&R INDUSTRIAL.
THE E&R INDUSTRIAL PROPERTY IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THE E&R INDUSTRIAL PROPERTY OR ANY INFORMATION OR TECHNOLOGY THEREIN. TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL E&R INDUSTRIAL OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PERSONAL INJURY or WRONGFUL DEATH, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE E&R INDUSTRIAL PROPERTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER E&R INDUSTRIAL OR ITS LICENSORS WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL E&R INDUSTRIAL OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND E&R INDUSTRIAL ’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE E&R INDUSTRIAL PROPERTY'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL E&R INDUSTRIAL, ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND OTHER RIGHTS MAY BE AVAILABLE. WITHOUT LIMITING THE ABOVE, IF E&R INDUSTRIAL IS FOUND TO BE LIABLE FOR ANY DAMAGES OF ANY KIND, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO ONE HUNDRED DOLLARS ($100).
9. Cross Reference Information
Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. YOU ACKNOWLEDGE, AGREE, AND UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ASSESSING AND VERIFYING ANY INFORMATION ABOUT CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications or product alternative specifications prior to purchase and use to determine suitability of the product for your intended use.
10. Privacy and Security
E&R Industrial cares about the integrity and security of your personal information.” E&R Industrial cannot guarantee the security of the site and users provide their personal information at their own risk. On certain areas of the E&R Industrial Property, you may be given the ability to provide E&R Industrial with personal information. Any personal information you have provided, may provide, or that may be collected by us in connection with your use of the E&R Industrial Property will be collected, maintained and used in accordance with this Agreement, our privacy policy located here ("Privacy Policy"), any additional terms applicable to an individual product, service or promotion. Please read the Privacy Policy for more information about E&R Industrial ’s information collection and use practices, which policy applies to information collected on the E&R Industrial Property and your use of the E&R Industrial Property is subject to that policy.
11. Information and Complaints
If you have a question or complaint regarding the E&R Industrial Property, please send an e-mail to erweborders@erindustrial.com. You may also contact E&R Industrial by phone or mail at the contact information provided on the E&R Industrial Property. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information, including sensitive personal information or health information, in your e-mail correspondence with E&R Industrial. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
12. Miscellaneous
This Agreement will be governed by and construed in accordance with the laws of Illinois without regard to conflicts of laws principles. By using the E&R Industrial Property, you hereby agree that any and all disputes regarding this Agreement will be subject to the courts located in Lake County, Illinois or the federal courts for the Northern District of Illinois. This Agreement operates to the fullest extent permissible by law. Notwithstanding the preceding sentences with respect to the substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement in Section 16 and preempts all state laws to the fullest extent permitted by law. If the FAA is determined to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue shall be resolved under and governed by the law of your state of residence. Accessing materials on the E&R Industrial Property by certain persons in certain countries may not be lawful, and E&R Industrial makes no representation that materials on the E&R Industrial Property are appropriate or available for use in locations outside the United States. If you choose to access the E&R Industrial Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws.
This Agreement constitutes the entire agreement by and between the Parties, and any other prior representations or agreements are deemed merged herein, and those not specified herein do not represent any agreements or promises or covenants or representations on the part of either party. If E&R Industrial fails to act with respect to your breach or anyone else's breach on any occasion, E&R Industrial is not waiving its right to act with respect to future or similar breaches.
If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions of this Agreement.
13. Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Section 16 (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (a) this Agreement, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of the E&R Industrial Property, including receipt of any advertising, marketing, or other communications from us; (c) any transactions through, by, or using the E&R Industrial Property; or (d) any other aspect of your relationship or transactions with us, directly or indirectly, as a user or consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your consent to this Agreement.
If you are a new user of the E&R Industrial Property, you can reject and opt-out of the Arbitration Agreement within thirty (30) days of accepting this Agreement by emailing us at [insert email] with your first and last name and stating your intent to opt-out of the Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of this Agreement, including the provisions regarding controlling law or in which courts any disputes must be brought.
For any Claim, you agree to first contact us at [insert email] and attempt to resolve the dispute with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim through binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and the Arbitration Agreement, the Arbitration Agreement shall control. The arbitration will be conducted in the U.S. County where you live or Lake County, Illinois, unless you and we agree otherwise. If you are using the E&R Industrial Property for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the Grainer Property for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. You and we agree that the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether this Agreement, or any provision of this Agreement, is unconscionable or illusory or any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
NOTHING IN THIS SECTION WILL BE DEEMED AS: PREVENTING US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS AS NECESSARY TO PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF OUR DATA SECURITY, INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS; OR PREVENTING YOU FROM ASSERTING CLAIMS IN SMALL CLAIMS COURT, IF YOUR CLAIMS QUALIFY AND SO LONG AS THE MATTER REMAINS IN SUCH COURT AND ADVANCES ON ONLY AN INDIVIDUAL (NON-CLASS, NON-COLLECTIVE, AND NON-REPRESENTATIVE) BASIS.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE E&R INDUSTRIAL PROPERTY FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND WE AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER USERS. YOU AND WE AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
