WEBSITE TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use (“Agreement”) are a legal agreement between the owner, Sturgeon Electric Company, Inc. (“Sturgeon”) and the user (“you” or “your”) of the Sturgeon website www.Sturgeonelectric.com (“Website”). Please read this Agreement carefully before accessing or using the Website. By accessing the Website, you agree to be bound by this Agreement. If you do not accept all the terms and conditions set forth in this Agreement, then you may not use the Website.
THESE TERMS INCLUDE AN ARBITRATION CLAUSE AND A WAIVER OF YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE LAWSUIT.
Sturgeon may modify this Agreement at any time, for any reason, by posting a new version on the Website. These changes will not affect rights and obligations that arose prior to such change. Your continued use of the Website following the posting of the modified Agreement will be subject to the Agreement in effect at the time of your use. Please review this Agreement periodically for changes. If you object to any provision of this Agreement or any subsequent modification of this Agreement or become dissatisfied with the Website in any way, your only recourse is to immediately terminate your use of the Website.
Limitations of Liability and Indemnification. By using any part of the Website, you agree that in no event will the Website, Sturgeon, its officers, employees, agents, subsidiaries, or web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the Website and using any of the services available or advertised therein. Your sole remedy for any breach or default of this Agreement by the Website or Sturgeon shall be to immediately terminate your use of the Website. You indemnify and agree to defend and hold harmless the Website, Sturgeon, its officers, employees, agents, subsidiaries, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards, or settlements) relating to or arising out of your use of the Website including any breach by you of the terms contained in this Agreement.
Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you meet online by virtue of the Website. You understand that the Website and Sturgeon do not perform psychological testing or background checks on the individuals who may use the Website. You understand and agree that you must take all reasonable precautions before meeting others through the Website, which includes, but is not limited to, exchanging e-mail first before giving out any personal information and meeting in a public place.
Do Not Rely on the Website Opinions, advice, statements, or other comments found on the Website should not necessarily be relied upon and are not to be construed as professional advice from the Website or Sturgeon. The Website and Sturgeon do not guarantee the accuracy or completeness of any of the information provided therein and are not responsible for any loss resulting from your reliance on such information.
Warning re: Offensive Information. It is possible that by using your e-mail address on the Website, other people may, through other means outside the control of the Website, have access to personal information about you. The Website, Sturgeon its employees, agents, subsidiaries, and web hosting services are not responsible for any offensive transmissions via email by others or for the release of any information by others about you.
Right to Monitor. The Website and Sturgeon reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by Sturgeon staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
Confidentiality. It is agreed that neither the Website nor Sturgeon have an obligation to keep personal information confidential including, but not limited to, the following: (1) basic biographical information; (2) when you actively chose to post your personal information for others to see; (3) when you send a message to another client, which will disclose your e-mail address to that client or (4) you have harassed another person via any service provided by the Website, in which case the confidentiality clause contained in this Agreement is rendered null and void.
Ownership, Copyrights, Trademarks, Licenses. The Website and Sturgeon own and retain all proprietary rights to the Website, its content, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information on the Website or of Sturgeon. By posting or providing information to the Website and Sturgeon you represent that you have the right to grant permission for use by the Website and Sturgeon.
No Warranties. The Website and Sturgeon provide the Website, its content, and any related services on an “as is” basis and do not make any warranty (express, implied, limited or otherwise) in relation to the Website. Specifically, the Website and Sturgeon do not warrant that any services indicated on the Website will be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services or the Website will be corrected.
Jurisdiction. You agree that by accepting this Agreement, you and Sturgeon are each waiving the right to trial by jury and the ability to participate in a class action. ANY AND ALL DISPUTES STURGEON OR YOU HAVE RELATING IN ANY WAY TO THE WEBSITE, TO ANY SERVICES OFFERED ON THE WEBSITE, OR YOUR RELATIONSHIP WITH STURGEON (INCLUDING – WITHOUT LIMITATION – WITH RESPECT TO DATA, YOUR INTERACTION WITH STURGEON, STURGEON ADVERTISMENTS AND DISCLOSURES, EMAIL AND MOBILE SMS (TEXT) MESSAGES STURGEON SENDS YOU, OR THE USE OR DISCLOSURE OF ANY INFORMATION ABOUT YOU), THIS AGREEMENT WILL BE SUBMITTED TO CONFIDENTIAL ARBITRATION IN THE FEDERAL JUDICIAL DISTRICT IN WHICH YOU RESIDE, EXCEPT TO THE EXTEHT THAT YOU HAVE, IN ANY WAY, VIOLATED OR THREATENED TO VILOLATE ANY STURGEON COMPANY INTELLECTUAL PROPERTY RIGHT. CLAIMS INLCUDE CLAIMS BASED ON CONTRACT, TORT (INCLUDING INTENTIONAL TORT), FRAUD, AGENCY, YOUR OR STURGEON’S NEGLIGENCE, STATUTORY OR REGULATORY PROVISONS, OR ANY OTHER SOURCE OF LAW.
If you intend to seek arbitration, you must first send to Sturgeon, by certified mail, a written notice of dispute (“Notice”). The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. If you and Sturgeon cannot reach an agreement to resolve the claim within thirty (30) days after the notice is received, either pay may commence arbitration. All arbitrations required by this Agreement will be conducted under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award is binding and must be entered in the courts of the State of Colorado. Unless you and Sturgeon agree otherwise in writing, the arbitrator may not consolidate more than on person’s claims and may not otherwise preside over any form of a representative, private attorney general or class proceeding.
TO THE EXTENT PERMITTED BY LAW, YOU WILL NOT AGREE TO ACT AS A REPRESENTATIVE OR A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS IN ANY LAWSUIT AGAINST COMPANY IN ANY COURT, OR IN ARBITRATION, WITH RESEPECT TO ANY CLAIMS. THIS SECTION (JURISDICTION) WILL SURVIVE THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND STURGEON FOR ANY AND ALL DISPUTES YOUR OR THE COMPANY HAS RELATING – IN ANY WAY- TO THE WEBSITE OR YOUR RELATIONSHIP WITH THE COMPANY.
Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
Certification. You certify that you are at least 18 years of age and that your answers to any registration materials on the Website will be truthful. In accessing and using the Website, you understand and agree that basic information concerning you, given to the Website, may be published on the website for others to view.
Entire Agreement. This Agreement constitutes your entire Agreement with the Website and Sturgeon with respect to the Website and any related services.
Waiver. The failure of the Website or Sturgeon to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Website or Sturgeon must be in writing and signed by an authorized representative of Sturgeon. You further understand and agree that clicking or pressing on the “I agree” is the electronic equivalent of a written signature on this document.