Terms and Conditions of Use - Certified, Infrared Services, Thermographic Inspection, The Infrared Service Experts

Terms and Conditions of Use

Eller Infrared Services (hereafter also referred to as "www.ellerinfrared.com", "the website", or simply, "the site") provides services to the general public subject to the following Terms and Conditions of Use.

If you visit, subscribe to, or otherwise use the Eller Infrared Services website, you accept these Terms of Use. If you do not agree to abide by these terms and conditions, please immediately cease any and all use of ellerinfrared.com.

Eller Infrared Services may post a notice on the web site or broadcast messages to inform you of changes to the Terms of Use or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Terms of Use shall be effective immediately upon posting of the notice or broadcast of the message. Your continued use of the site or services after such notice or broadcast will reaffirm your agreement to be bound and to abide by the Terms of Use as amended. This Agreement ("Agreement") is by and between Eller Infrared Services and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of the Eller Infrared Services website and domain name services ("Services") and explains Eller Infrared Services' obligations to You and Your obligations to Eller Infrared Services.

This Agreement along with any other or additional Eller Infrared Services policies, together with any modifications that may be made hereto, constitute the complete and exclusive agreement between You and Eller Infrared Services. This Agreements supersedes all prior proposals, agreements, or other communications. All Eller Infrared Services policies and agreements specific to use of the Eller Infrared Services web site are incorporated herein and are made part of this Agreement by reference.

You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Eller Infrared Services may establish from time to time, and any agreements that Eller Infrared Services is currently bound by or will be bound by in the future.

You understand and agree that Eller Infrared Services operates this website on a commercial basis and that in consideration of your use of the site, you agree that you are bound to the terms and conditions herein with regard to your use of this website.

The following additional terms and conditions apply:

Term of Agreement and Modification

You agree that Eller Infrared Services may modify this Agreement at any time and you agree to be bound by all changes that Eller Infrared Services may reasonably make hereto. If You conclude any purchase or other transaction with Eller Infrared Services the term of this Agreement shall continue in full force and effect as long as you (or your successors or assigns in interest to the subject of any transaction including any domain name(s) purchased) use and/or take advantage of the subject of that purchase or transaction.

Electronic Communication

When you visit Eller Infrared Services, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail to your registered email address or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or via this website satisfy any legal requirement that such communications be in writing.

Copyright rights

All content included on this site, such as text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of Eller Infrared Services, its subscribers, or its content and software suppliers and that this content is protected by U.S. and international copyright laws. Eller Infrared Services's selection, coordination and arrangement of all content on this site is the exclusive property of Eller Infrared Services, and is protected as a compilation by U.S. and international copyright laws. All software used on this site or in conjunction with the services provided by Eller Infrared Services is the property of Eller Infrared Services or its software suppliers and is protected by U.S. and international copyright laws.

As between Eller Infrared Services and you, you will own your member content, and Eller Infrared Services owns all right, title and interest (including all intellectual property rights) in and to the Site, the Services, the technology, information, documents, files, webpages and other product developed in connection with the Site or available on the Site.

License and Site Access

Eller Infrared Services grants you a limited license to access and make personal use of this site but not to download (other than page caching) or modify this site in any way, except with the express written consent of Eller Infrared Services. This license does not include any resale or commercial use of this site or its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Eller Infrared Services. Any unauthorized use terminates the permission or license granted by Eller Infrared Services.

You are granted a limited, revocable, and nonexclusive right to create hyperlinks to Eller Infrared Services pages so long as the links do not portray Eller Infrared Services or its suppliers or their products or services in a false or misleading manner.

You agree not to translate, reverse engineer, reverse compile, disassemble, or create derivative works from software programming contained in the Site or the Services.

Entire Agreement

The Terms of Use agreement constitutes the entire agreement between you and Eller Infrared Services and governs your use of the Service, superseding any prior agreements between you and Eller Infrared Services with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Eller Infrared Services services, affiliate services, third-party content, or third-party software. In the case of inconsistencies between these Terms and any information included in off-line materials, these Terms shall control.

Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY ELLERINFRARED.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS. ELLERINFRARED.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCT DESCRIPTIONS OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ELLERINFRARED.COM DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW, ELLERINFRARED.COM DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE ITS WEBSITE AND THE SERVICES, AND DO NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSTIE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ELLERINFRARED.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL ELLERINFRARED.COM BE LIABLE ON ACCOUNT OF YOUR USE OR MISUSE OF THE ELLERINFRARED.COM WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ELLERINFRARED.COM WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE ELLERINFRARED.COM WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ELLERINFRARED.COM WEBSITE OR THE SERVICES, OR VIEWING THE PHOTOS IT HOSTS, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELLERINFRARED.COM OR THROUGH OR FROM THE ELLERINFRARED.COM WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

THE LAWS OF CERTAIN COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold Eller Infrared Services, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute that may arise from your breach of these Terms of Use or violation of any representations or warranties contained in these Terms. You also agree to hold Eller Infrared Services harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to any media or other material you provide through or post on Eller Infrared Services's site.

Applicable law

This legal notice shall be governed by and construed in accordance with the laws of the state of North Carolina without regard to its conflicts of laws provision.

Modifications of site, policies or terms of use, User account termination.

We reserve the right to make changes to our site, policies, and these Terms of Use at any time. Should you object to any terms and conditions of these Terms of Use or any subsequent modifications thereto, or should you become dissatisfied with Eller Infrared Services in any way, your only recourse is to immediately:

a) discontinue your use of Eller Infrared Services; and
b) terminate your Eller Infrared Services subscription by contacting us by e-mail via our online feedback form. Term of Agreement and Modification:

General Terms of Use

This Agreement ("Agreement") is by and between Eller Infrared Services ("www.EllerInfrared.com") and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of the Eller Infrared Services website and domain name services ("Services") and explains Eller Infrared Services' obligations to You and Your obligations to Eller Infrared Services.

The following additional terms and conditions apply:

Term of Agreement and Modification

Limitation of Liability

Eller Infrared Services shall not be liable under any circumstances to you or any other person for indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort (including but not limited to negligence), breach of warranties, either express or implied, any breach of this agreement or its incorporated agreements and policies, and/or your inability to use any domain name or otherwise, even if Eller Infrared Services has been advised of the possibility of such damages.