Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS WEBSITE. All users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable law. If
you do not agree to these terms and conditions, please do not use this
site.
Copyright The entire content included in
this site, including but not limited to text, graphics or code is copyrighted as
a collective work under the United States and other copyright laws, and is the
property of ERZ Industries LLC. The collective work includes works that are
licensed to ERZ Industries LLC. Copyright 2003, ERZ Industries LLC ALL RIGHTS
RESERVED. Permission is granted to electronically copy and print hard copy
portions of this site for the sole purpose of placing an order with
ERZ Industries LLC or purchasing ERZ Industries LLC products. You may display
and, subject to any expressly stated restrictions or limitations relating to
specific material, download or print portions of the material from the different
areas of the site solely for your own non-commercial use, or to place an order
with ERZ Industries LLC or to purchase ERZ Industries LLC products. Any other
use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by ERZ Industries LLC. You further agree not to change or delete any
proprietary notices from materials downloaded from the
site.
Trademarks All trademarks, service marks
and trade names of ERZ Industries LLC used in the site are trademarks or
registered trademarks of ERZ Industries LLC
Warranty
Disclaimer This site and the materials and products on this site are
provided "as is" and without warranties of any kind, whether express or implied.
To the fullest extent permissible pursuant to applicable law,
ERZ Industries LLC disclaims all warranties, express or implied, including, but
not limited to, implied warranties of merchantability and fitness for a
particular purpose and non-infringement. ERZ Industries LLC does not represent
or warrant that the functions contained in the site will be uninterrupted or
error-free, that the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful components.
ERZ Industries LLC does not make any warrantees or representations regarding
the use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may not
apply to you.
With the exception on ballast, we do offer a 6 months warranty on defected
ballast.
Limitation of Liability ERZ Industries LLC
shall not be liable for any special or consequential damages that result from
the use of, or the inability to use, the materials on this site or the
performance of the products, even if ERZ Industries LLC has been advised of the
possibility of such damages. Applicable law may not allow the limitation of
exclusion of liability or incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
Typographical
Errors In the event that a ERZ Industries LLC product is mistakenly
listed at an incorrect price, ERZ Industries LLC reserves the right to refuse
or cancel any orders placed for product listed at the incorrect price.
ERZ Industries LLC reserves the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card charged. If
your credit card has already been charged for the purchase and your order is
cancelled, ERZ Industries LLC shall issue a credit to your credit card account
in the amount of the incorrect price.
Term;
Termination These terms and conditions are applicable to you upon
your accessing the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated by
ERZ Industries LLC without notice at any time, for any reason. The provisions
relating to Copyrights, Trademark, Disclaimer, Limitation of Liability,
Indemnification and Miscellaneous, shall survive any
termination.
Notice ERZ Industries LLC may
deliver notice to you by means of e-mail, a general notice on the site, or by
other reliable method to the address you have provided to
ERZ Industries LLC.
Return We do not accept any return unless if item is damage upon arrival or we shipped the wrong item.
Miscellaneous Your use of
this site shall be governed in all respects by the laws of the state of
California, U.S.A., without regard to choice of law provisions, and not by the
1980 U.N. Convention on contracts for the international sale of goods. You agree
that jurisdiction over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited to the
purchase of ERZ Industries LLC products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause of action or claim
you may have with respect to the site (including but not limited to the purchase
of ERZ Industries LLC products) must be commenced within one (1) year after the
claim or cause of action arises. ERZ Industries LLC's failure to insist upon or
enforce strict performance of any provision of these terms and conditions shall
not be construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any of these
terms and conditions. ERZ Industries LLC may assign its rights and duties under
this Agreement to any party at any time without notice to
you.
Use of Site Harassment in any manner or form
on the site, including via e-mail, chat, or by use of obscene or abusive
language, is strictly forbidden. Impersonation of others, including a
ERZ Industries LLC or other licensed employee, host, or representative, as well
as other members or visitors on the site is prohibited. You may not upload to,
distribute, or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity rights,
abusive, illegal, or otherwise objectionable which may constitute or encourage a
criminal offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial content on
the site or use the site to solicit others to join or become members of any
other commercial online service or other
organization.
Participation
Disclaimer ERZ Industries LLC does not and cannot review all
communications and materials posted to or created by users accessing the site,
and is not in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, ERZ Industries LLC is merely
acting as a passive conduit for such distribution and is not undertaking any
obligation or liability relating to any contents or activities on the site.
However, ERZ Industries LLC reserves the right to block or remove
communications or materials that it determines to be (a) abusive, defamatory, or
obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a
copyright, trademark or; other intellectual property right of another or (d)
offensive or otherwise unacceptable to ERZ Industries LLC in its sole
discretion.
Indemnification You agree to
indemnify, defend, and hold harmless ERZ Industries LLC, its officers,
directors, employees, agents, licensors and suppliers (collectively the "Service
Providers") from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent or
wrongful conduct) by you or any other person accessing the site using your
Internet accou nt.
Third-Party Links In an
attempt to provide increased value to our visitors, ERZ Industries LLC may link
to sites operated by third parties. However, even if the third party is
affiliated with ERZ Industries LLC, ERZ Industries LLC has no control over
these linked sites, all of which have separate privacy and data collection
practices, independent of ERZ Industries LLC. These linked sites are only for
your convenience and therefore you access them at your own risk. Nonetheless,
ERZ Industries LLC seeks to protect the integrity of its web site and the links
placed upon it and therefore requests any feedback on not only its own site, but
for sites it links to as well (including if a specific link does not
work).
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