terms of use
Acceptance of the Terms of Use
These terms of use are entered into by and between You and Elk River, Inc. (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://elkriver.com (the “Website”), including any content, functionality and services offered on or through the Website.
Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which is incorporated herein by reference and can be found at https://elkriver.com/31/privacy-policy.htm. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in the Arbitration; Jury Waiver section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you except as otherwise provided above.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or to the entire Website.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features and functionality, including without limitation all information, software, text, displays, images, video, audio, and the design, selection and arrangement thereof, are owned by Elk River, Inc., its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may access and use the Website and its materials for legitimate personal or business purposes related to evaluating, purchasing, distributing, specifying, or using Elk River products. You may also download, print, or share materials made available by Elk River for those purposes, provided that you do not modify the materials or remove any copyright, trademark, or other proprietary rights notices.
Except as expressly permitted above or with our prior written consent, you may not reproduce, modify, distribute, republish, sell, license, create derivative works from, or otherwise commercially exploit Website content. No right, title, or interest in the Website or its content is transferred to you, and all rights not expressly granted are reserved by Elk River, Inc.
Trademarks
ELK RIVER and all related names, logos, product and service names, designs, and slogans are trademarks of Elk River, Inc. or its affiliates or licensors. You may not use such marks without the prior written permission of Elk River, Inc., except as otherwise expressly authorized by Elk River. All other names, logos, product and service names, designs, and slogans appearing on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:
• Violate any applicable law or regulation when using the Website.
• Send unsolicited advertising, promotional materials, spam, or similar communications through the Website.
• Impersonate Elk River, an Elk River employee, another user, or any other person or entity.
• Use the Website in a way that could disable, damage, overburden, or impair the Website or interfere with another person’s use of it.
• Use automated tools, including robots or spiders, to monitor, copy, or access Website content for unauthorized purposes.
• Copy or monitor Website content through manual processes for unauthorized purposes without Elk River’s prior written consent.
• Introduce viruses, malware, or other technologically harmful material.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Website, its server, or any server, computer, or database connected to the Website.
• Conduct a denial-of-service or distributed denial-of-service attack against the Website.
• Engage in any other conduct that could harm Elk River, the Website, its users, or expose Elk River or others to liability.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect through the Website is subject to our Privacy Policy. Please review our Privacy Policy for information about how we collect, use, and protect your information.
Links and Third-Party Websites
You may link to the Website or share links to Website content, provided that you do so in a fair and lawful manner and do not suggest any association, approval, sponsorship, or endorsement by Elk River without our prior written consent. You may not frame or display Website content on another website in a manner that misrepresents the content, obscures its source, or suggests that Elk River content belongs to or is provided by another person or entity.
The Website may contain links to websites or resources provided by third parties for your convenience. Elk River does not control and is not responsible for the content, availability, or practices of third-party websites. Your use of third-party websites is subject to the terms and policies applicable to those websites.
Disclaimer of Warranties
The Website and its content are provided on an “as is” and “as available” basis. Elk River, Inc. does not warrant that the Website or its content will be complete, accurate, current, uninterrupted, error-free, or free from viruses or other harmful components.
To the fullest extent permitted by law, Elk River, Inc. disclaims all warranties relating to the Website and its content, whether express, implied, statutory, or otherwise, including warranties of merchantability, non-infringement, and fitness for a particular purpose.
This disclaimer applies only to the Website and its content and does not modify or limit any express product warranty provided by Elk River, Inc. under its applicable Terms and Conditions.
The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
Limitation on Liability
To the fullest extent permitted by law, Elk River, Inc., its affiliates, and their respective officers, directors, employees, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of, or inability to use, the Website, its content, or any third-party website linked to the Website.
This limitation applies only to the Website and its content and does not modify or limit any rights, obligations, warranties, or remedies applicable to the purchase or use of Elk River products under Elk River’s applicable Terms and Conditions.
The foregoing does not affect any liability that cannot be excluded or limited under applicable law.
Indemnification
You agree to defend, indemnify, and hold harmless Elk River, Inc., its affiliates, and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys’ fees, arising out of or related to your violation of these Terms of Use or your unauthorized or unlawful use of the Website or its content.
Governing Law
These Terms of Use and any matter arising out of or relating to your use of the Website are governed by and construed in accordance with the laws of the State of Alabama, without regard to its conflict of law principles.
Arbitration; Jury Waiver
YOU AGREE THAT ALL DISPUTES, CLAIMS, AND CONTROVERSIES, WHETHER INDIVIDUAL, JOINT, OR CLASS IN NATURE, ARISING FROM THESE TERMS OF USE, YOUR USE OF THE WEBSITE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONTRACT AND TORT DISPUTES, SHALL BE ARBITRATED IN BIRMINGHAM, ALABAMA, PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION UPON REQUEST OF EITHER PARTY. ANY DISPUTE AS TO WHETHER A PARTICULAR DISPUTE OR CLAIM IS SUBJECT TO ARBITRATION UNDER THIS SECTION SHALL BE DECIDED BY ARBITRATION IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE PARTIES SHALL ARBITRATE DISPUTES IN CONFIDENCE. THE ARBITRATION WILL BE BINDING, AND JUDGMENT UPON ANY AWARD RENDERED BY ANY ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THE WRITTEN AWARD AND ANY FINDINGS OF THE ARBITRATOR MUST BE FILED WITHIN 30 DAYS OF THE FINAL ARBITRATION HEARING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. A PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, MAY NOT JOIN OTHER PERSON OR ENTITIES, AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1, ET SEQ.) SHALL APPLY TO THE CONSTRUCTION, INTERPRETATION, AND ENFORCEMENT OF THIS ARBITRATION PROVISION. TO THE EXTENT THAT ANY COURT OF COMPETENT JURISDICTION DETERMINES THAT THESE ARBITRATION PROVISIONS ARE INAPPLICABLE OR UNENFORCEABLE WITH RESPECT TO ANY CLAIM OR DISPUTE, THE PARTIES HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY COURT IN ANY ACTION FOR THE ADJUDICATION OF SUCH CLAIM OR DISPUTE. THE CHOICE OF LAW RULES OF ANY JURISDICTION AND THE UNITED NATIONS CONVENTION ON CONTRACT FOR THE INTERNATIONAL SALE OF GOODS DO NOT APPLY. IN THE EVENT OF A DISPUTE, THE PREVAILING PARTY IN ANY LITIGATION OR ARBITRATION WILL BE ENTITLED TO RECOVER, FROM THE OTHER PARTY, ITS REASONABLE ATTORNEY’S FEES AND COSTS INCURRED.
Limitation on Time to File Claims
To the fullest extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the claim or cause of action accrues. Otherwise, the claim or cause of action is permanently barred.
Waiver and Severability
No waiver by Elk River, Inc. of any term or condition of these Terms of Use will be considered a continuing waiver of that term or condition or a waiver of any other term or condition. Any failure by Elk River, Inc. to enforce a right or provision under these Terms of Use will not constitute a waiver of that right or provision.
If any provision of these Terms of Use is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use, together with our Privacy Policy, constitute the entire agreement between you and Elk River, Inc. regarding your use of the Website and supersede all prior or contemporaneous understandings, agreements, representations, or communications relating specifically to use of the Website.
These Terms of Use do not govern the purchase or sale of Elk River products, which are subject to Elk River’s applicable Terms and Conditions and any other applicable written agreements between Elk River and its customers.