B. USE OF THIS WEB SITE
C. DISCLAIMER OF WARRANTY
TAYLOR POWER SYSTEMS, INC. MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION PUBLISHED ON THIS WEB SITE FOR ANY PURPOSE. ALL INFORMATION (INCLUDING ANY SOFTWARE) IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. TAYLOR POWER SYSTEMS, INC. HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION DISPLAYED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL TAYLOR POWER SYSTEMS, INC. BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE. THE INFORMATION ON THIS WEB SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE USER AGREES THAT USE OF THE WEB SITE IS AT THE USER'S SOLE RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF MATERIAL POSTED ON THE WEB SITE.
D. INTELLECTUAL PROPERTY RIGHTS
1. All intellectual property rights included in or related to the web site (including but not limited to copyrights, trademarks, trade dress and service marks), are owned or licensed by Taylor Power Systems, Inc. or its parent or affiliate entities. Users acknowledge that all data developed and/or collected by Taylor Power Systems, Inc. in connection with the operation of the web site shall be the exclusive property of Taylor Power Systems, Inc. Users are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to any contents found on the web site. Nothing on this web site is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the web site, without the prior written permission of Taylor Power Systems, Inc. Any rights not expressly granted herein are reserved. 2. All third party content published on the web site is the property of respective third party owners and may not be copied or distributed in any way by Users for any commercial purposes. 3. Taylor Power Systems, Inc.® and/or other products of Taylor Power Systems, Inc. or its parent or affiliates referenced herein are either trademarks or registered trademarks of Taylor Power Systems, Inc. or its parent or affiliates. The names of actual companies and other products mentioned herein may be the trademarks of their respective owners. 4. User shall comply with all applicable laws when accessing the Web Site or using information published on the Web Site.
Taylor Power Systems, Inc. may provide links to other web sites on the World Wide Web, which let the User leave Taylor Power Systems, Inc.'s site. The linked sites are not under the control of Taylor Power Systems, Inc. and the User acknowledges and agrees that Taylor Power Systems, Inc. is not responsible for the availability, accuracy, relevance, timeliness or completeness of such external sites. Taylor Power Systems, Inc. does not endorse and is not liable for any content, advertising, products or other materials on or available on such third party sites. Taylor Power Systems, Inc. expressly disclaims any responsibility to filter any such content. The inclusion of links to other items or places does not reflect either the value of the information contained in such a link or its accuracy, and Taylor Power Systems, Inc. does not endorse any views expressed or products or services offered at a linked location.
F. INTERACTIVE USAGE
Any information provided to Taylor Power Systems, Inc. or posted on the Web Site shall be provided and received by Taylor Power Systems, Inc. on a non-confidential basis. Taylor Power Systems, Inc. shall be free to use such information on an unrestricted basis. Any unauthorized or inappropriate material, as determined by Taylor Power Systems, Inc., is subject to removal by Taylor Power Systems, Inc. No solicitations may be placed on Taylor Power Systems, Inc.'s Web Site without the approval of Taylor Power Systems, Inc. No person accessing the Web Site may place or create any offensive or disruptive materials. No user shall post any information, which infringes on the intellectual property rights of a third party. In the event of such infringement, User shall be liable for all damages associated with or arising out of such infringement or arising from User's violation of these terms and conditions and shall defend and indemnify Taylor Power Systems, Inc. from same. Taylor Power Systems, Inc. reserves the right to discontinue user's access to the Web Site, or to discontinue or change the Web Site at Taylor Power Systems, Inc.'s sole discretion. User shall be responsible for appropriately safe guarding passwords issued to User to access the Web Site and shall be responsible for all damages associated with unauthorized use of a password issued to user by Taylor Power Systems, Inc. and shall defend and indemnify Taylor Power Systems, Inc. from any costs or claims resulting from such unauthorized use. In the event a User places an order with Taylor Power Systems, Inc. through or using Taylor Power Systems, Inc.'s Web Site, the User agrees that any order so placed shall be the same as a signed writing, created in the ordinary course of the sending party's business, at or near the time of the events recorded and transmitted by a person with knowledge of the events. When the order is printed from electronic records, such an order shall be considered an original Document. The party placing the order shall not contest the validity of the Document on the grounds that it fails to meet the common law statute of frauds or the statute of frauds found in Section 2-201 of the Uniform Commercial Code, or other applicable law or statute, that it fails to meet the business records exception to the hearsay rule or that it fails the best evidence rule because it is not an original document. When an order is transmitted by use of the Web Site by a User pursuant to a previously assigned User ID and Password, Taylor Power Systems, Inc. is authorized by the User to ship products and invoice the User in accordance with the terms and conditions, including but not limited to price, shipment instructions, etc., previously established by User and Taylor Power Systems, Inc.
G. INTERNATIONAL USE
1. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. You agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. You recognize that this website is developed for use within the United States and is not designed for use outside of the United States.
H. COPYRIGHT INFRINGEMENT NOTIFICATION
If you believe that any of the information posted to this web site infringes a copyright, trademark, patent or other right of another party, please contact Taylor Power Systems, Inc. at: Taylor Power Systems, Inc. • 947 Industrial Park Drive • Clinton, MS 39056 • Phone: (601) 922-4444