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Terms of Use


Terms and conditions for use for world wide web sites owned, operated or controlled by Eclatorq Technology Co., Ltd. or any of its Affiliates ("Eclatorq Sites")

PLEASE READ CAREFULLY

By accessing, browsing and/or using the pages in any Site owned, operated or controlled by Eclatorq Technology Co., Ltd. or any of its Affiliates, including this Site, ("Eclatorq Sites") you agree to the terms and conditions set forth here. If you do not agree, you should not use Eclatorq Sites. If you are currently a party to a separate, written agreement with The Eclatorq Works or any of its Affiliates that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement.

ELECTRONIC COMMUNICATIONS

When you visit Eclatorq Sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on Eclatorq Sites. You 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.

COPYRIGHT

All content included on Eclatorq Sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of The Eclatorq Works, its Affiliates, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on Eclatorq Sites is the exclusive property of The Eclatorq Works (or the Affiliate identified in any copyright notice on the site) and is protected by United States and international copyright laws.

USE

Viewing a Eclatorq Site creates a copy of Eclatorq materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the Eclatorq Site. The materials published on Eclatorq Sites may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of The Eclatorq Works or its appropriate Affiliate.

TRADEMARKS

The trademarks, service marks and logos (the 'Trademarks') used and displayed on Eclatorq Sites are registered and unregistered Trademarks of The Eclatorq Works, its Affiliates and others. Nothing on any Eclatorq Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner. Eclatorq, Eclatorq in a Notched Rectangle design, BOSTITCH, CONTACT EAST, GOLDBLATT, HUSKY, JENSEN, LABOUNTY, MAC, PROTO, VIDMAR, and ZAG are some of the registered and unregistered trademarks owned by The Eclatorq Works and/or its Affiliates ("Eclatorq Trademarks"). Eclatorq Trademarks may not be used in connection with any product or service that is not manufactured by or under license from The Eclatorq Works or its appropriate Affiliate.

LINKS

Eclatorq Sites may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of The Eclatorq Works and its Affiliates. Eclatorq provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. Eclatorq reserves the right to remove these links at any time and without notice.

Other parties may provide links to Eclatorq Sites. Eclatorq does not require third parties to obtain Eclatorq's consent prior to linking to Eclatorq Sites. Such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on Eclatorq Sites or disparage or are otherwise detrimental to Eclatorq. Eclatorq assumes no responsibility for the content of sites that include links to Eclatorq Sites, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on Eclatorq Sites without the express written permission of Eclatorq.

PRODUCTS AND PRICING

All products sold through Eclatorq Sites are subject to the then existing Terms and Conditions of Sale of the division or Affiliate responsible for sales of such products. Links to these Terms and Conditions can be found on the Home Pages of the relevant Eclatorq Sites. Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by Eclatorq.

DISCLAIMER

THE MATERIAL IN ECLATORQ SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ECLATORQ MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. ECLATORQ DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ECLATORQ DOES NOT WARRANT THE AVAILABILITY OF ECLATORQ SITES, THAT ECLATORQ SITES AND YOUR USE OF ECLATORQ SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ECLATORQ SITES OR THE SERVER(S) THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. ECLATORQ DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF ECLATORQ SITES AND/OR THE MATERIALS IN ECLATORQ SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICATBILITY OR OTHERWISE. YOU (AND NOT ECLATORQ) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.

APPLICABLE LAW

By visiting a Eclatorq Site, you agree that the laws of Taiwan, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and Eclatorq.

DISPUTES

Any dispute between you and Eclatorq concerning a Eclatorq Site or the materials located at a Eclatorq site shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute, provided, however, that Eclatorq may commence action against you in a court of law for infringement of Eclatorq's intellectual property rights. Any claim required to be submitted to arbitration shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the United States Federal Arbitration Act and will take place according to the Commercial Rules of the American Arbitration Association. The arbitration will be held in Hartford, Connecticut. Each party shall bear all of its own costs of arbitration, except that the fees of the arbitrator shall be divided equally between the parties. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment in a United States Court of Law.

MODIFICATION TO TERMS AND CONDITIONS

Eclatorq can revise the Terms and Conditions at any time by modifying or updating this posting. Your use of a Eclatorq Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

SEVERABILITY

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.





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