Battery Handling Systems Web Site Terms & Conditions of Use
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 BHS pages accessible through the home page directly or through additional links but does not include third-party web sites, even if those third-party web sites can be accessed through links found on 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 & Conditions of Use (“Terms”) and to the licenses and permissions herein contained. These Terms form a contract with you. A link to these Terms is posted on the Home Page of this Web Site and will be continually available for your review.
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 you acknowledge and agree that such revisions may be retroactive. You 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 do so on their own initiative and are responsible for compliance with applicable local laws.
Limited License/ Copyright and Intellectual Property Law Restrictions
Except for public domain material, the content on the Site is protected by intellectual property laws, including U.S. copyright laws. You are hereby granted a non-exclusive license to use the material at the Site (“Content”) while connected to the Site. You are also granted a limited license to print one copy of any Content posted at the Site, but only for your personal use. Except as expressly provided above, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on the Site, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to or deletion of author attribution or copyright notices are prohibited. Commercial use of any of the Content is strictly prohibited. Use of any of our trademarks as metatags on other websites also is strictly prohibited. You may not display the Site in frames (or any of the Content via in-line links) without our express written permission, which may be requested by contacting us. You may, however, establish ordinary links to the Site without our written permission.
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 additional terms and conditions will be displayed on the Site pages which enable to you to conduct such business. Notwithstanding anything herein to the contrary, for BHS products, the warranty terms, if any, as well as any warranty disclaimers and any exclusions or limitations of warranty or remedy, set forth on the label and/or instructions for a product controls BHS’ liability (if any) and your remedies (if any) for such product.
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 AND LIMITATION OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY PARTICULAR RESULTS MAY BE OBTAINED BY USE OF THE SITE. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THIS SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE SITE IS 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, ACCURACTY 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 THIS SITE 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, UNTIMELINESS, OR UNAUTHENTICITY OF INFORMATION OR CONTENT PROVIDED BY, CONTAINED WITHIN, OR OBTAINED THROUGH THE SITE, 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.
YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
SOME STATES 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.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. 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 AND LIMITATION OF REMEDIES 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 THIS SITE. FOR ALL BHS PRODUCTS, THE WARRANTY TERMS, IF ANY, AS WELL AS ANY WARRANTY DISCLAIMERS AND ANY EXCLUSIONS OR LIMITATIONS OF WARRANTY OR REMEDY, 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 or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site. You agree to such indemnification and hold harmless even if such damages, claims and expenses arise, in whole or in part, from the negligence or alleged negligence of BHS.
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 in writing 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.
Governing Law, Jurisdiction and Venue
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.
The Site is hosted on servers located in the United States. In the event of any dispute arising out of or relating to the Site, your access to the site, or your use of the site, 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.
These Terms were last revised on 04/28/2014 and govern your access of this Site from this date forward until a later revision is posted.