Last Modified: January 14, 2020
IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OUR SERVICES.
We may revise these Terms at any time by posting new Terms to this page, at our sole discretion. By continuing to use our Services, you agree to be bound by any such revisions, and you acknowledge and agree that such revisions may be retroactive. You should therefore periodically visit this page and check the last updated date at the end to determine the current Terms to which you are bound.
Intellectual Property and Limited License
BHS and its corporate affiliates, partners, and licensors own all intellectual property rights associated with the Services and any content displayed on the Services (including text, images, video, underlying code, etc.) (“Content”), including patents, copyrights, trademarks (whether registered or unregistered), trade dresses, trade secrets, design rights (whether registered or unregistered), know-how, mask works, moral rights, and all similar rights that may exist now or later in any jurisdiction, including without limitation any applications and registrations for the foregoing (collectively, “Intellectual Property Rights”). All such Intellectual Property Rights will remain the exclusive property of BHS and its corporate affiliates, partners, and licensors and are protected by U.S. and international laws, including copyright and trademark laws.
The trademarks, service marks, and logos (“Trademarks“) used and displayed on the Services are registered and unregistered Trademarks of BHS and others and are protected by applicable law, including but not limited to the names Battery Handling Systems, Inc., BHS, and the BHS logo. BHS’ Trademarks may not be used by you in any manner, including in advertising or publicity pertaining to distribution of materials on the Services, without prior written permission from BHS.
Restrictions on Use
You agree that you will not:
- Modify, decompile, reverse engineer, or disassemble the Services or otherwise attempt to discover any underlying source code, ideas, algorithms, file formats or programming interfaces;
- Modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Services;
- Use any meta tags, “hidden text,” agents, robots, scripts, spiders, crawlers or other tools or means, whether manual or automated, to collect, retrieve, scrape, index, mine, republish, redistribute, transmit, sell, license, download, access or manage the Services or its Content, including the personal information of others without BHS’ express prior written authorization;
- Use the Services or Content for any improper, illegal, or unauthorized purposes;
- Take any action that may unreasonably encumber or burden the Services’ infrastructure;
- Bypass measures meant to restrict access to the Services;
- Circumvent, disable, or otherwise interfere with security features of the Services;
- Distribute, transmit, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other technology or material intended to interfere with or cause harm to the Services or users of the Services;
- Violate or interfere with any rights of BHS, our users, or any other third parties, including intellectual property, privacy, or publicity rights; or
- Express or imply that any statement you make is endorsed by BHS, without our express prior written permission.
Compliance with Local Law
BHS operates from its headquarters in St. Louis, Missouri, USA, but may permit access or use of our Services from outside of the United States. BHS makes no representation that our Services are appropriate or available for use in all locations around the world from which it may be viewed. You agree to purchase, access, or use our Services where it is legal to do so. Those who choose to purchase, access, or use our Services from another country do so on their own initiative and are responsible for compliance with applicable local laws.
Product and Service Availability
Not all products, programs and services which may be described on the Services are available in each and every country. When in doubt, contact your local BHS representative at the phone numbers provided on our Services to determine precisely what is available to you. Persons intending to use a BHS product described in the Services must follow product label directions and comply with all applicable laws and regulations relating to the product.
BHS reserves the right to modify or discontinue any part of the Services at any time, without notice to you.
Accuracy of Services and Content
While our goal is to provide you with accurate Services and Content, and the information on our Services is presented in good faith and believed to be correct, we do not guarantee that any information on our Services or in our Content is completely accurate or complete, including but not limited to: training information, product specifications, tutorials, product literature, industry news, blog posts, and price information. When you use or rely on the information on our Services and Content, you assume all risk associated with doing so.
If you discover any errors in our Services and Content, you may report them to us and we will endeavor to promptly correct them. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. BHS reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
Certain content on the Services is the property of third parties, and is used with their permission. The opinions expressed by third parties do not necessarily reflect those of BHS.
We reserve the right to withdraw or amend the Website and any Services or Content, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to registered users.
Confidential or Proprietary Information of BHS
BHS strives to provide the public broad access to information about its products and services. BHS has policies and procedures in place that are designed to prevent the disclosure of information on our Services that we consider to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information 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 the Services to anyone else and to destroy any copies of the information, in any form, in your possession.
Account User Names and Passwords
You may be required to register an account with BHS to use certain restricted features of the Services. If you register to use such restricted portions of the Services, you agree:
- to use the Services solely for legitimate purposes;
- to provide and maintain true, accurate, current and complete information about yourself, to not imitate any other person or assume a false identity;
- to immediately notify us of any actual or suspected unauthorized use of your user name, password, or other personal information, or any other breach of security;
- 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 Services by you and any other person using your user name or password; and
- to assume and bear full responsibility for any financial liability or other liability incurred under your account.
If our Services permit you to place orders or otherwise effect transactions with BHS, additional terms and conditions (“Transaction Terms”) may be applicable to those transactions and, if so, those Transaction Terms will be displayed on the applicable Services 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 and 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 Services to countries or persons prohibited under such applicable import and export control laws.
By entering into a transaction and/or placing an order with BHS through its Services, you represent to us that you are not in a country where such import/export is prohibited, and that you are not 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.
Links To and From The Services
As a convenience to you, BHS may provide links to websites operated by other entities and persons. BHS makes no representations whatsoever about any other website which you may access through the Services. BHS does not control and is not responsible for the content of any third-party websites linked to these Services and is not responsible for any changes or updates to such third-party websites. If you use a third-party website, you do so at your own risk.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THE SERVICES. ALL INFORMATION ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SERVICES ARE MADE AVAILABLE ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OR OTHERWISE, OTHER THAN THOSE WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE, INJURY, LOSS, OR EXPENSE, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSSES OR EXPENSES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES, ARISING IN CONNECTION WITH THE SERVICES AND YOUR USE HEREOF WHETHER CAUSED BY (1) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OR USE OF RECORDS, OR (2) ERRORS, INACCURACIES, OMISSIONS, OTHER DEFECTS IN, OR UNTIMELINESS, OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SERVICES, OR (3) ANY OTHER FAILURE, ACTION, OR OMISSION, AND REGARDLESS OF WHETHER ARISING UNDER BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER THEORY OR CAUSE OF ACTION.
WITHOUT LIMITING THE DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY TERMS ABOVE, UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT WITH RESPECT TO ANY CLAIM EXCEED FIFTY DOLLARS ($50.00).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
THE FOREGOING DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES DOES NOT APPLY TO ANY PRODUCT WARRANTIES, WARRANTY EXCLUSIONS, STATEMENTS OF REMEDY OR LIMITATION OF REMEDY SET FORTH ON PRODUCT LABELS FOR PRODUCTS WHICH MAY BE DISPLAYED ON THE SERVICES. FOR ALL BHS PRODUCTS, THE WARRANTY TERMS, IF ANY, AS WELL AS ANY WARRANTY DISCLAIMERS AND ANY EXCLUSIONS OR LIMITATIONS OF WARRANTY OR REMEDY, THAT ARE SET FORTH ON SUCH LABEL CONTROLS BHS’ LIABILITY FOR SUCH PRODUCT.
YOUR INDEMNIFICATION OBLIGATIONS
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BHS, ITS CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUCCESSORS-IN-INTEREST, LICENSORS, LICENSEES AND SUBLICENSEES, FROM AND AGAINST ALL DAMAGES, CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING DIRECTLY OR INDIRECTLY OUT OF OR FROM: (1) YOUR ACTUAL OR ALLEGED BREACH OF THESE TERMS; (2) YOUR USE OR MISUSE OF ANY INFORMATION OR CONTENT FROM THE SERVICES, OR (3) ANY ALLEGATIONS THAT YOUR USE OF THE SERVICES INFRINGE, MISAPPROPRIATE, OR OTHERWISE VIOLATE OTHERS’ INTELLECTUAL PROPERTY RIGHTS. YOU AGREE TO SUCH INDEMNIFICATION EVEN IF SUCH DAMAGES, CLAIMS AND EXPENSES IN PART ARISE FROM THE NEGLIGENCE OR ALLEGED NEGLIGENCE OF BHS.
Advertisements that May Appear on the Services
If any advertisement for a product or service provided by anyone other than BHS appears on the Services, 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.
Additional eStore Terms
Information Submitted By You
If you submit any ideas, suggestions, feedback, or materials to BHS, 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.
Governing Law, Jurisdiction and Venue
These Terms shall be governed by the laws of the State of Missouri, U.S.A., 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, along with any other written agreements that you enter with BHS, including, if applicable, Transaction Terms, constitute the entire agreement between BHS and you with respect to your use of the Services; provided.
In the event of any dispute arising out of or relating to the Services, you agree that the exclusive venue for litigating disputes shall be in the Missouri State Court for the County of St. Louis, Missouri or the Federal United States District Court, Eastern District of Missouri. You agree that personal jurisdiction over you is proper in such Courts, and waive any defense based upon lack or insufficiency of personal jurisdiction or venue.
If you have questions or concerns about these Terms, please contact: Battery Handling Systems, Inc., c/o Marketing Department, P.O. Box 28990, St. Louis, MO 63132 or email us at [email protected].