IMPORTANT: We welcome you to our
discontinue using the site immediately! THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED
BY THE CHILD ONLINE PRIVACY ACT (COPA) OF 1998. [USA]
TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS PART OF
THE CONSIDERATION FOR PERMISSION TO VIEW THIS WEBSITE, TO
KEEP THEMSELVES INFORMED OF CHANGES.
Visitors, viewers, users, subscribers, members, affiliates,
or customers, collectively referred to herein as "Visitors,"
are parties to this agreement. The website and its owners,
Electrosmart Limited, and/or operators are parties to this
agreement, herein referred to as "Electrosmart."
For summary terms of Acceptable Use
Content - The materials in this site are provided
"as is" and without warranties of any kind either
express or implied. Nothing on this site, including advice,
programs, information, products, or advice, programs, information
and products contained on sites linking from this site is
intended to provide specific product, legal or medical advice,
or any other advice, whatsoever, for any individual or company.
shall be construed as a treatment or cure for any disease
or health condition and should not be relied upon in that
regard.. You must seek professional medical advice. Visitors
assume the all risk of viewing, reading, using, or relying
upon this information.
All data provided on this website is to be used for information
purposes only. The products and services described on this
website are only offered in jurisdictions where they may be
legally offered. Information provided in our website is not
all-inclusive, and is limited to information that is made
available to Electrosmart Ltd and such information should
not be relied upon as all-inclusive or accurate. Changes may
be made at any time without prior notice.
Products - This site may represent products from
third party manufacturers. Electrosmart disclaims all warranties,
express or implied, including, but not limited to, implied
warranties of merchantability and fitness for a particular
purpose relating to any product or treatment. Electrosmart
does not warrant that the products and treatments will be
uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes it available are
free of viruses or other harmful components.
Expected Results - Electrosmart does not warrant
or make any representations regarding the use or the results
of the use of the materials in this site in terms of their
correctness, accuracy, reliability, or otherwise. You and
not Electrosmart Ltd assume the entire cost of all necessary
servicing, repair or correction. Applicable law may not allow
the exclusion of implied warranties, so the above exclusion
may not apply to you.
Damages from Use - Under no circumstances, including,
but not limited to, negligence, shall Electrosmart be liable
for any special or consequential damages that result from
the use of, or the inability to use, the materials in this
site, even if Electrosmart or Electrosmarts authorized representative
as been advised of the possibility of such damages.
Electrosmart assumes no responsibility for damage to computers
or software of the visitor or any person the visitor subsequently
communicates with from corrupting code or data that is inadvertently
passed to the visitor's computer. Again, visitor views and
interacts with this site, or banners or pop-ups or advertising
displayed thereon, at his own risk. Electrosmart makes no
warranty that downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms.
Visitor forever waives all right to claims of damage of any
and all description based on any causal factor resulting in
any possible harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable, whether
personal or business in nature.
Disclaimer - Electrosmart disclaims any responsibility
for the accuracy of the content of this website. Visitors
assume all risk of viewing, reading, using, or relying upon
this information. Unless you have otherwise formed an express
contract to the contrary with the website, you have no right
to rely on any information contained herein as accurate. Electrosmart
makes no such warranty. Applicable law may not allow the limitation
or exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
In no event shall Electrosmart's total liability to you for
all damages, losses, and causes of action (whether in contract,
tort, including but not limited to, negligence or otherwise)
exceed the amount paid by you, if any, for accessing this
Links and Marks
The owner of this site is not necessarily affiliated with
sites that may be linked to this site and is not responsible
for their content. The linked sites are for your convenience
only and you access them at your own risk. Links to other
websites or references to products, services or publications
do not imply the endorsement or approval of such websites,
products, services or publications by Electrosmart or its
subsidiaries and affiliates.
Certain names, graphics, logos, icons, designs, words, titles
or phrases at this website may constitute trade names, trademarks
or service marks of Electrosmart or of other entities. The
display of trademarks on this website does not imply that
a license of any kind has been granted. Any unauthorized downloading,
re-transmission, or other copying of modification of trademarks
and/or the contents herein may be a violation of federal common
law trademark and/or copyright laws and could subject the
copier to legal action.
All of the trademarks on this site are trademarks of Electrosmart
or of other owners used with their permission.
Restrictions on Use of Materials
Materials in this website are copyrighted and all rights
are reserved. All intellectual property is protected by International
Copyright Laws. Unless you have entered into an express written
contract with Electrosmart to the contrary, visitors, viewers,
subscribers, members, affiliates, or customers have no right
to use this information in a commercial or public setting;
they have no right to broadcast it, copy it, save it, print
it, sell it, or publish any portions of the content of this
website. By viewing the contents of this website you agree
this condition of viewing and you acknowledge that any unauthorized
use is unlawful and may subject you to civil or criminal penalties.
Visitor has no rights whatsoever to use the content of, or
portions thereof, including its databases, invisible pages,
linked pages, underlying code, or other intellectual property
the site may contain, for any reason for any use whatsoever.
Visitor agrees to liquidated damages in the amount of U.S.$100,000
in addition to costs and actual damages for breach of this
provision. Visitor warrants that he or she understands that
accepting this provision is a condition of viewing and that
viewing constitutes acceptance. and may not be copied, reprinted,
published, reengineered, translated, hosted, or otherwise
distributed by any means without explicit permission.
Database Ownership, License, and Use
Electrosmart warrants, and you accept, that Electrosmart
Ltd is the owner of the copyright of all databases of resources
available from time to time through this website. Electrosmart
Ltd and its contributors reserve all rights and no intellectual
property rights are conferred by this agreement.
Nevertheless, you may on an occasional limited basis download
or print out individual pages of information that have been
individually selected, to meet a specific, identifiable need
for information which is for your personal use only, or for
use in your business only internally, on a confidential basis.
You may make such limited number of duplicates of any output,
both in machine-readable or hard copy form, as may be reasonable
for these purposes only. Nothing herein shall authorize you
to create any database, directory or hard copy publication
of or from the databases, whether for internal or external
distribution or use.
Visitor agrees as a condition of viewing, that any communication
between Visitor and Electrosmart is deemed a submission. All
submissions, including portions thereof, graphics contained
thereon, or any of the content of the submission, shall become
the exclusive property of Electrosmart and may be used, without
further permission, for commercial use without additional
consideration of any kind. Visitor agrees to only communicate
that information to Electrosmart, which it wishes to forever
allow the Website to use in any manner as it sees fit. "Submissions"
Confidentiality of Codes, Passwords and Information
You agree to treat as strictly private and confidential
any subscriber code, username, user ID, or password which
you may have received from Electrosmart Ltd, and all information
to which you have access through password-protected areas
of Electrosmart Ltd's websites and will not cause or permit
any such information to be communicated, copied or otherwise
divulged to any other person whatsoever.
Other Legal Terms
Electrosmart Ltd reserves the right to issue revisions to
document on this site: that version will then apply to all
use by you following the date of publication. Each access
of information from this website will be a separate, discrete
transaction based on the then prevailing terms.
or sublet by you without Electrosmart Ltd's written consent
in accordance with the laws of the New Zealand, as it is applied
to agreements entered into and to be performed entirely within
To the extent you have in any manner violated or threatened
to violate Electrosmart Ltd's and/or its affiliates' intellectual
property rights, Electrosmart Ltd and/or its affiliates may
seek injunctive or other appropriate relief in any state or
federal court in any country, and you consent to exclusive
jurisdiction and venue in such courts.
Electrosmart Raised Disputes
If a dispute by Electrosmart arises under this agreement,
Electrosmart agree to first try to resolve it with the help
directly with Visitor. Should that not be successful, Visitor
agrees to the use of a mutually agreed-upon mediator in the
location of New Zealand, or other location as determined exclusively
by Electrosmart. All costs and fees, including, legal fees,
travel expenses, investigation fees, collection fees, and
attorney fees associated with the mediation will be paid by
If it proves impossible to arrive at a mutually satisfactory
solution through mediation, we agree to submit the dispute
to binding arbitration at the location of New Zealand under
the rules of the NZ Arbitration Association. Judgment upon
the award rendered by the arbitration may be entered in any
court with jurisdiction to do so.
If any provision of this agreement is void or unenforceable
in whole or in part, the remaining provisions of this Agreement
shall not be affected thereby.
Visitor Raised Disputes
As part of the consideration that the Website requires for
viewing, using or interacting with this website, Visitor agrees:
- To make all complaints directly to Electrosmart and Visitor
agrees to make no claim, dispute, or controversy ("claim")
of any kind (whether in contract, tort or otherwise) arising
out of or relating to this website, purchases,products,
including solicitation issues, privacy issues, and terms
of use issues in any Court of Law or Dispute Service of
- That any dispute, controversy or claim not resolved within
90 days, may proceed to use binding arbitration for resolution
in New Zealand under the rules of the NZ Arbitration Association,
or any other such location and/or jurisdiction as agreed
- In no case will Visitor have the right to go to court
or have a jury trial or have the right to engage in pre-trial
discovery except as provided in the arbitration rules. Visitor
will not have the right to participate as a representative
or member of any class of claimants pertaining to any claim
subject to arbitration; the arbitrator's decision will be
final and binding with limited rights of appeal.
- To keep all details of any such claims confidential.
The applicable law of this agreement is the law of New Zealand.
by either party. Visitor may terminate this agreement at any
time by destroying all materials obtained from any and all
of Electrosmarts site(s) and all related documentation and
all copies and installations thereof, whether made under the
terms of this agreement or otherwise. This agreement will
terminate immediately without notice at Electrosmart Ltd's
sole discretion, should you fail to comply with any term or
provision of this agreement. Upon termination, you must destroy
all materials obtained from this site and any and all other
of Electrosmart Ltd's site(s) and all copies thereof, whether
made under the terms of this agreement or otherwise.
© 2006 Electrosmart Ltd. All
Reproduction in whole or in part without express
written permission is strictly prohibited.