Website Usage and Conditions
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY
These Terms and Conditions Apply to the Website
Your use of the website (“Website”) having the URL of www.byrne-electrical.com and operated by Byrne Electrical Specialists, Inc. (“Byrne Electrical Specialists”) are governed by these Terms and Conditions ("Terms").
By accessing, browsing, or otherwise using the Website, you acknowledge and agree that these Terms apply to your use and/or participation and you agree to comply with these Terms when using the Website. If you do not agree to be bound by these Terms each time that you use the Website, or if you do not have the authority or capability to agree to or accept these Terms, you may not use the Website.
These Terms May Change
Byrne Electrical Specialists reserves the right to modify these Terms at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by these Terms as so modified. Accordingly, you should review these Terms for changes whenever you use the Website.
All of the content that you see and hear on the Website, including, but not limited to, text, graphics, logos, designs, page headers, page footers, images, illustrations, audio clips, and video clips (collectively, the "Content"), is owned by Byrne Electrical Specialists, or third parties who have licensed the Content to Byrne Electrical Specialists. The Website as a whole is copyrighted as a collective work under U.S. copyright law, and Byrne Electrical Specialists owns the copyright in the selection, coordination, arrangement, and enhancement of the Content. The Content is protected by United States and international copyright, trademark, and other laws.
The Content is intended for your personal and noncommercial use only. You may not copy, reproduce, distribute, republish, download, display, post, transmit, or create derivative works of or from the Content in any form or by any means, except as may be specifically permitted by these Terms, pursuant to prior written consent, or the written consent of the respective intellectual property owner. In the event of such consent, you will acquire no right, title, or interest in any downloaded Content or other materials transferred to you by any means.
Byrne Electrical Specialists reserves complete title and full intellectual property rights in and to all materials downloaded from the Website.
Submission of Comments or Suggestions
Although we welcome your suggestions and comments concerning the Website, all such communications, including original creative stories, Messages (as defined below), product ideas, and original artwork (collectively, "Comments"), submitted will be and remain the exclusive property of Byrne Electrical Specialists. Your submission of any Comments will constitute an irrevocable and legally-enforceable assignment to Byrne Electrical Specialists of all your worldwide rights, title, and interests in all copyrights and other intellectual property rights in the Comments. Accordingly, Byrne Electrical Specialists will be entitled to use, reproduce, disclose, publish, and distribute any Comments that you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to irrevocably assign to us on the above terms.
Correction of Errors and Inaccuracies; Limitations on Quantity; Returns
The information on the Website may contain typographical errors or inaccuracies, and may be incomplete or outdated. We therefore reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies, or omissions may relate to product descriptions, pricing, and availability. In the event a product is listed at an incorrect price due to typographical error, error in pricing information received from our suppliers or any other error, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card account charged. If your credit card account has already been charged for the order and your order is canceled, we shall immediately issue a credit to your credit card account in the amount charged to your credit card account. We also reserve the right to limit quantities (including after you have submitted your order).
Colors of the products for purchase on the Website are displayed as accurately as possible. Because the colors of products will look differently on different computer monitors, however, we cannot guarantee that your monitor's display of any color will be the same as the color of the product received.
THE WEBSITE IS OPERATED AND THE PROMOTIONAL PROGRAMS ARE RUN ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, BYRNE ELECTRICAL SPECIALISTS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS WEBSITE, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE GENERAL NATURE OF THIS DISCLAIMER:
- BYRNE ELECTRICAL SPECIALISTS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
- BYRNE ELECTRICAL SPECIALISTS DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION.
BYRNE ELECTRICAL SPECIALISTS DOES NOT ENDORSE OR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THE WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THE WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
BYRNE ELECTRICAL SPECIALISTS ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL BYRNE ELECTRICAL SPECIALISTS OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF BYRNE ELECTRICAL SPECIALISTS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BYRNE ELECTRICAL SPECIALISTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).
By accessing and using the Website you agree that your access, use, and participation is subject to, governed by, and interpreted in accordance with the laws of the State of Michigan, United Sates of America, Excluding its conflict of laws provisions.
Regardless of where you access the Website, you agree that any action at law or in equity arising out of or relating to these Terms must be filed and adjudicated only in the Federal or State courts located in Grand Rapids, Michigan, USA, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.
YOU AGREE TO WAIVE YOUR RIGHTS TO A TRIAL BY JURY (REGARDLESS OF THE SOURCE OF SUCH RIGHT) IN ANY ACTION AGAINST BYRNE ELECTRICAL SPECIALISTS ARISING FROM AND/OR DIRECTLY OR INDIRECTLY RELATED TO OR CONNECTED WITH THESE TERMS OR YOUR USE OF THE WEBSITE.
Notwithstanding any of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Website, and to block or prevent future access to and use of the Website if you violate any of these Terms. Upon termination, these Terms will still apply.
Consent to Email Communication
When you visit the Website, or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically and agree that we may communicate with you by email or by posting notices on the Website.
Legal EquivalencyThis electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a "writing" or "in writing," and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an "original" when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administrative proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
PrivacyWe have adopted a Privacy Statement that you should refer to in order to fully understand how we use and collect information on the Website, through Promotional Programs, or by other means. To learn about our privacy practices, please refer to the Privacy Statement section of the Website located here.
Additional Policies and Terms
Additional policies and terms apply to your use of specific portions of the Website (and products available on the Website). Please review all such additional specific terms and conditions, including: FAQ, Shipping Information, and Returns. All purchases will be subject to the terms and conditions to which you agree when placing your order.
California's Proposition 65
California's Proposition 65 requires retailers to provide notice to their customers if they sell products that contain certain chemicals. Some of our products may contain listed chemicals.
WARNING: Products available for purchase on the Website may contain chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.
Claims of Copyright Infringement
We disclaim any responsibility or liability for copyrighted materials posted on our site. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below. Byrne Electrical Specialists respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to the Designated Copyright Agent, identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
- Deliver this Notice, with all items completed, to
Bryne Electrical Specialists
320 Byrne Industrial Drive
Rockford, MI 49341