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Account Control : Register an Account
EDC Web site Use Agreement
The following sets forth the terms of use for the web site edcparts.com
and any and all other web sites, addresses, pages, list servers, http: and/or
other information posted on the internet by Endoscopy Development Company, LLC
(herein “EDC”). By entering and viewing this web site the user (herein “You”)
hereby acknowledge that You have read this agreement, understand this agreement
and agree to be bound by its terms. Any link to a third party product, service,
web site, address, page, list server, http: and/or other information source is
provided for solely for convenience and EDC assumes no liability or responsibility
for the contents thereof.
EDC USES REASONABLE CARE AND DILIGENCE IN PROVIDING INFORMATION AND MANUFACTURING
PRODUCTS. EDC DOES NOT, HOWEVER, GUARANTEE THE ACCURACY OR COMPLETENESS
OF THE INFORMATION PROVIDED OR THE QUALITY, MERCANTABILITY OR FITNESS OF THE PRODUCTS
SOLD. INFORMATION, MATERIALS AND PRODUCTS ARE PROVIDED ON AN "AS IS" “WHERE
IS” BASIS WITH ALL FAULTS LATENT AND PATENT AND WITH NO WARRANTY, EXPRESS OR IMPLIED,
AND ANY AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. EDC ASSUMES NO LIABILITY
FOR ANY LOSS, DAMAGE OR EXPENSE FROM ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED
OR THE QUALITY, MERCHANTABILITY OR FITNESS OF THE PRODUCTS SOLD, WHETHER ARISING
IN CONTRACT, TORT OR OTHERWISE. YOU AND ANY AND ALL OTHER CUSTOMERS OF EDC,
OR ANY OF ITS SUBSIDIARIES, AFFILIATES, OR DIVISIONS, ARE SOLELY RESPONSIBLE FOR
AND ASSUME ALL LIABILITY IN CONNECTION WITH THE USE AND RELIANCE UPON THE INFORMATION,
MATERIAL AND PRODUCTS AVAILABLE HEREIN AND FOR MAINTAINING SECURITY OF ANY PASSWORD
SELECTED OR FOR ANY PERSONAL INFORMATION DISCLOSED HEREIN OR FOR THE USE OF ANY
OF THE SERVICES AVAILABLE HEREIN.
You are permitted the limited right to print information and materials for your
personal and non-commercial use only. While no fee is required in consideration
of this permission, EDC requires that the following statement be included in any
production of the material, information or product descriptions available herein:
© 2004, EDC. All Rights Reserved. Reprinted with permission of EDC. Except as
expressly permitted by EDC as set forth above, no part of this web site or the
information or product descriptions available herein may be copied, photocopied,
reproduced, translated, reduced to any electronic medium or machine-readable form,
or re-transmitted, in whole or in part, without the prior written consent of EDC.
Any other reproduction in any form without the prior written consent of EDC is
prohibited. Written consent may be obtained from EDC through: Endoscopy Development
Company, LLC, 3407 Hollenberg Drive, Bridgeton, MO 63044 Each request should include:
- The
source of the EDC information being requested
- Reason
for reprinting (i.e., meeting, class, etc.)
- Number
of copies that will be made
EDC Privacy Policy
Your right to privacy is a concern to EDC. At EDC we are helping You maintain
control over Your personal data while fostering the growth of a more interactive
environment by use of the internet. In a few areas on edcparts.com
and other EDC web sites, EDC will ask You to provide information that will enable
EDC to enhance Your visit or follow up with You after Your visit or after You
purchase products or information from EDC. EDC requests information from
You when You:
- Register with EDC
- When You submit feedback on
edcparts.com
- When You purchase products from
EDC
In each of the instances above, EDC will ask for Your name, e-mail address, and
other appropriate personal information that would be necessary for You to register
with EDC, to purchase products from EDC and to utilize other services or offers
made by EDC. The information You provide to EDC will be kept confidential
by EDC and will be used only to support Your customer relationship with EDC.
When You provide Your personal information such as name, address, phone number,
and company name, EDC will not sell this information to any outside company for
any use other than such uses as relate to your business relationship with EDC.
EDC will use commercially reasonable efforts to maintain the confidentiality of
Your information but EDC does not guarantee the confidentiality of Your information.
EDC will comply with any order, directive or demand regarding the disclosure of
Your information issued by any governmental or quasi-governmental court, agency
or bureau with jurisdiction.
EDC Terms and
Conditions
edcparts.com USER AGREEMENT
1. License
A. Under this agreement between
the User and Endoscopy Development Company, LLC (“EDC”), "User" shall mean the
person or entity who uses or is authorized by such person or entity to use edcparts.com,
so long as such user agrees to be bound to the terms and conditions hereof.
B. EDC hereby grants to User a
revocable, temporary, limited, nonexclusive right and license to use edcparts.com
on any computer controlled by User. edcparts.com allows the User to (1)
to place orders for EDC goods and services ("EDC Services") and (2) to access
EDC product information provided locally or through use of on-line connections
("Information"). EDC reserves all rights not expressly granted to User.
C. User acknowledges that the Information
includes valuable and proprietary property of EDC or third parties who have contributed
to edcparts.com. The Information is licensed by EDC to User for User's
limited personal use in conducting User’s internal business affairs and in placing
orders from EDC. Consistent with the foregoing limitation, User may copy,
print, and use portions of Information for its limited personal use in conducting
User’s internal business affairs and in placing orders from EDC. If User
wishes to use the Information in a manner not expressly permitted by this Agreement,
User may request permission from EDC by giving to EDC a written description of
the intended use and such other information as EDC may request. Permission may
only be granted in writing by EDC and may be granted or withheld by EDC in its
sole and absolute discretion.
2. Charges and Taxes
User shall be responsible for any charges for EDC Services incurred through use
of any password User adopts, any customer identification number assigned to User
and any order User places with EDC, unless such charges result from EDC’S error.
In addition, User shall be solely liable for any state or local sales, use or
other taxes of a similar nature, if any, that may be due on account of User's
use and/or purchase of EDC Services. All invoices shall be payable in accordance
with EDC's standard order, billing, and collection policies.
3. Termination
EDC may terminate the license granted under this Agreement and may terminate the
business relationship with User via edcparts.com or otherwise, at any time
and for any reason in EDC’s sole and absolute discretion. Upon termination
of this Agreement, User shall no longer be permitted to use edcparts.com.
Termination for any reason shall not affect EDC's entitlement to and ability to
collect any undisputed sums due for EDC Services ordered, sold and/or performed
prior to such termination.
4. Indemnity
User shall defend, indemnify and hold harmless EDC from and against any and all
third party claims, actions, causes of action, liabilities, damages, costs and
expenses, including reasonable attorneys' fees and court costs, arising from User's
use of edcparts.com. The foregoing indemnity shall not apply in the
event of EDC’s gross negligence or willful misconduct.
5. Title/Copyright
edcparts.com and the information available therein is the valuable, confidential,
copyrighted and trade secret property of EDC. EDC owns all right, title
and interest in and to edcparts.com, including without limitation, all
current and future enhancements, modifications, revisions, new releases and updates
thereof and any derivative works based thereon and all documentation thereto,
and all copyrights, trade secrets and patents, if any, therein.
6. Assignment
edcparts.com may not be temporarily or permanently transferred or assigned
to anyone without the prior written consent of EDC, which such consent may be
given or withheld by EDC in its sole and absolute discretion. Any EDC-authorized
transferee of User’s right to use edcparts.com must first agree to be bound
by the terms and conditions of this Agreement.
7. Disclaimer of Warranty and
Limitation of Liability
A. EXCEPT AS SPECIFICALLY PROVIDED
ELSEWHERE IN THIS AGREEMENT WITH RESPECT TO EDCPARTS.COM OR ANY EDC SERVICES
OR ANY EDC PRODUCTS ORDERED BY USER, EDC HEREBY DISCLAIMS ALL OTHER WARRANTIES,
ORAL OR WRITTEN, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY.
B. EDC IS NOT AN INSURER WITH
RESPECT TO USER'S USE OF EDCPARTS.COM OR EDC SERVICES OR EDC PRODUCTS ORDERED
BY USER AND, THEREFORE, EDC SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE EDCPARTS.COM
OR EDC SERVICES OR EDC PRODUCTS ORDERED BY USER, EVEN IF EDC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
C. EDC’S ENTIRE LIABILITY AND USER'S
EXCLUSIVE REMEDY FOR DAMAGES DUE TO PERFORMANCE OR NON-PERFORMANCE OF EDC, REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, SHALL BE LIMITED TO REFUND
OF THE CHARGE SPECIFICALLY RELATED TO SUCH EDC SERVICE OR EDC PRODUCT ORDERED
BY USER.
8. Use of cookies
edcparts.com uses cookies to keep track of your shopping cart. These cookies do
not contain any personal information about you.
9. General
A. EDC’s performance shall be
excused during a period of delay or interruption due to causes beyond EDC’s control
such as war, terrorism, riot, strike, unavailability of materials and Acts of
God.
B. This Agreement shall be treated
as though it were executed and performed in the County of St. Louis, State of
Missouri. The rights and obligations under this Agreement shall not be governed
by the United Nations Convention on Contracts or the International Sale of Goods,
the application of which is expressly excluded, but such rights and obligations
will instead be governed by the substantive and procedural laws of the State of
Missouri. The exclusive jurisdiction for any legal proceeding regarding
this Agreement shall be the Courts of St. Louis County, State of Missouri, and
the parties hereto expressly submit to the jurisdiction of said courts.
User and EDC specifically consent to extra-territorial service of process.
This Agreement shall be interpreted in accordance with and governed by the laws
of the State of Missouri (without regard to conflict of law principles).
C. No action arising under this Agreement
may be brought more than one (1) year after the cause of action has accrued.
D. Should any provision of this Agreement
be held to be void, invalid, unenforceable or illegal by a court of competent
jurisdiction, the validity and enforceability of the remaining provisions of this
Agreement shall not be affected thereby. Failure of either party to enforce
any provision of this Agreement shall not constitute nor be construed as a waiver
of such provision nor of the right to enforce such provision.
Notice of EDC Trademarks EDC ® and edcparts.com ® are registered
trademarks and/or service marks of EDC. All other brand, product or company names
are trademarks of their respective owners.
THE PARTIES HERETO ACKNOWLEDGE THAT THEY HAVE READ THIS AGREEMENT AND UNDERSTAND
THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS STATED HEREIN.
THE PARTIES FURTHER AGREE THAT THIS AGREEMENT SUPERSEDES ANY PROPOSAL OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES HERETO
RELATIVE TO THE SUBJECT MATTER OF THIS AGREEMENT.
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