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Battery Handling Systems Terms & Conditions of Use
Welcome. Battery Handling Systems, Inc. (“BHS” or “we” or “us” or “our”) controls and operates this Internet website located at www.bhs1.com (the “Site”). Our Site provides our customers (“customers” or “users” or “you” or “your”) information about our products, services, content and various other functionality. The term “Site” refers only to the home page and all associated pages accessible through the home page directly or through additional links but does not include third-party web sites not maintained or sponsored by BHS. These Terms and Conditions of Use (“Terms”) are applicable only to our Site.
Not all products, programs and services which may be described on this Site are available in each and every country. When in doubt, contact your local BHS representative at the phone numbers provided on our Site to determine precisely what is available to you. Persons intending to use a BHS product described in this Site must follow product label directions and comply with all applicable laws and regulations relating to the product.
Your use of this Site is subject to these Terms and to the licenses and permissions herein contained. These Terms form a contract with you. A link to these Terms is posted prominently on the Home Page of this Web Site and will be continually available for your review.
PLEASE READ ALL THESE TERMS CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE INDICATES YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
We may revise these Terms at any time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page and check the effective date at the end to determine the current Terms to which you are bound. BHS reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other content contained on the Site, or terminate your password and user name and your use of the Site, for any reason or no reason.
Compliance with Local Law
BHS operates from its headquarters in St. Louis, Missouri, USA. However, this Site may offer products and services for purchase and use around the world. BHS makes no representation that the products and services made available through this Site or the contents of this Site are appropriate or available for use in all locations around the world from which it may be viewed. Access to this Site from countries where its contents are illegal is prohibited. Those who choose to access this Site from such locations do so on their own initiative and are responsible for compliance with applicable local laws.
Your Use of Copyrighted Material on this Site
This Site contains information and materials, which may include some or all of the following, without limitation: text, software, photos, video, graphics, and audio (collectively "Materials") derived in whole or in part from information and materials supplied by BHS and other sources. All Materials displayed on this Site are protected by international copyright, trademark and other laws and the entire Site is copyrighted as a collective work under the United States Copyright Laws. BHS owns the copyright in the overall selection, coordination, arrangement and enhancement of such Materials, and owns the rights in, or license to use, the individual components of such Materials. BHS grants you a limited, non-exclusive and non-transferable license to use and display the content on this Site only for the bona fide purposes associated with your interaction with the Site. The license includes the right to print portions of the Materials but only for the stated uses. Unless otherwise stated, Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer solely for the uses stated or otherwise intended by the Site, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. Modification of the Materials or use of the Materials for any other purpose is a violation of BHS’ or such other sources' copyright, trademark and other proprietary rights and may violate other laws. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed Materials obtained from this Site.
Confidential or Proprietary Information of BHS
BHS strives to provide the public broad access to information about its products and services. In doing so, it is not our intention to waive any intellectual property rights we may have in information on this Site under applicable laws. BHS has policies and procedures in place that are designed to prevent the disclosure on this Site of information that we consider to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may be disclosed inadvertently by BHS, you agree to act in good faith to recognize and respect the confidentiality of the information and you agree not to make use of or disclose any confidential or trade secret information you may obtain from this Site to anyone else and to destroy any copies of the information, in any form, in your possession.
User Names and Passwords
To use certain features of the Site, you may be required to register with BHS either through the registration pages on this Site and/or by entering into a separate end user agreement with BHS, as determined by BHS in its sole discretion. If you register to use certain restricted portions of this Site, either by online registration or by separate registration agreement, you agree:
- to use the Site solely for legitimate purposes;
- to provide true, accurate, current and complete information about yourself, to not imitate any other person or assume a false identity, and to not select a user name or password that, to your knowledge, is already used by another person;
- to not use a user name in which another person has rights without such person’s authorization;
- to maintain and promptly update the information you provide to keep it true, accurate, current and complete;
- to immediately notify us of any unauthorized use of your password, user name or the Site, or any other breach of security by sending notice to us via the contact information provided on this Site;
- to not share your user name or password with any other person;
- to assume and bear full responsibility for all risks arising out of the use of the Site by you and any other person using your user name or password.
If our Site permits you to place orders or otherwise effect transactions with BHS, additional terms and conditions may be applicable to those transactions and, if so, those terms will be displayed on the Site pages which enable to you to conduct such business.
The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with us, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.
By entering into a transaction with BHS through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of BHS and others and are protected by United States and international copyright, trademark and other intellectual property laws. Unless otherwise stated on the Site, nothing on this 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 written permission of the Trademark owner. Unless expressly permitted on the Site, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way Trademarks from this Site, including code and software underlying this Site. The names Battery Handling Systems, Inc., BHS, and the BHS logo may not be used in any manner, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from BHS.
Linking To and From This Site
BHS may provide as a convenience to you, links to web sites operated by other entities and persons, but makes no representations whatsoever about any other web site which you may access through this Site. A link to a third party web site from this Site does not mean that BHS endorses or accepts any responsibility for the content, or the use of such third party web site. If you use a third party web site, you do so at your own risk. BHS makes no warranty or representation regarding, and does not sponsor or endorse, any linked web sites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that BHS is affiliated or associated with, or that any linked site is authorized to use any Trademark of BHS.
BHS may also offer, as a convenience to you, links from third party sites to this Site. If you utilize a site that links to this Site, such third party web site:
- may link to, but not replicate, content on this Site;
- may not create a browser or border environment around content on this Site;
- may not imply that BHS is endorsing it or its products;
- may not misrepresent its relationship with BHS;
- may not present false information about BHS’ products or services;
- may not use BHS's Trademarks without express written permission; and
- may not contain content that could be construed as distasteful, offensive or controversial, and must contain only content that is appropriate for all age groups.
BHS does not control and is not responsible for the content of any third-party sites linked to this Site and is not responsible for any changes or updates to such third-party sites.
Disclaimer Of Warranties
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BHS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE AND MATERIALS ON THE SITE.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, BHS DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, BHS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF BHS COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls BHS' liability for such product.
Limitation Of BHS’ Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BHS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE SITE OR THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BHS OR A BHS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your indemnification Obligation
You agree to defend, indemnify and hold harmless BHS , its directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than BHS appears on this Site, BHS does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Information Provided By You
It has been and remains BHS’ policy not to accept or consider ideas, suggestions or materials other than those that BHS has specifically requested from you. Accordingly, BHS does not want you to, and you should not send, any confidential or proprietary information to BHS through the Site unless specifically requested by BHS. Please note that any unsolicited information or material sent to BHS will be deemed not to be confidential or proprietary. By submitting information and material to the Site, you automatically grant to BHS (or warrant that the owner of such information and material has expressly granted to BHS) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that BHS is free to use any ideas, concepts, know-how, or techniques that you send TO BHS for any purpose.
These Terms shall be governed by the laws of the State of Missouri, without giving effect to any principles of conflicts of law. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms constitute the entire agreement between BHS and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
These Terms were last revised on March 14, 2008 and govern your access of this Site from this date forward until a later revision is posted.