Website Legal Terms of Use Agreement

IMPORTANT: We welcome you to our site; however, if you do not agree to our Terms of Use, please 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]

THIS TERMS OF USE AGREEMENT MAY CHANGE FROM 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.

Parties to the Terms of Use Agreement

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."

Summary Terms

For summary terms of Acceptable Use and Privacy Policy.

Liability

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 site.

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.

Submissions

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" is also a provision of the Privacy Policy.

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

These Terms of Use will apply to every access to this website. Electrosmart Ltd reserves the right to issue revisions to these Terms of Use by publishing a revised version of this 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.

This Terms of Use and the license granted may not be assigned or sublet by you without Electrosmart Ltd's written consent in advance.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the New Zealand, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

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 Visitor.

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 any kind.
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 by Electrosmart.
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.

Applicable Law

The applicable law of this agreement is the law of New Zealand.

Termination

These Terms of Use agreement are effective until terminated 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.