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Terms & Conditions

Welcome to NEMA’s EMAC Store. Please take a few minutes to review these Terms and Conditions.

The use of the NEMA website (hereafter referred to as “this Website") and the sale of products and services offered on this Website are governed by the terms and conditions set forth below and all other disclaimers, guidelines, policies, and terms and conditions of sale appearing on this Website. Your use of this Website in any manner—whether browsing, offering your thoughts and ideas, registering and activating an account with us, or making a purchase—constitutes your acknowledgment that you have read the Terms and Conditions and that you agree to follow and be bound by them, and that disputes that may arise under them will be governed by the laws of the State of Kentucky without giving effect to any conflict of laws or principles.

These Terms and Conditions May Change

NEMA reserves the right to update or modify these Terms and Conditions at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use this Website.

Usage Restrictions
You may access and view the content appearing on this Website for personal, non-commercial use only. You may download and/or copy certain portions of the content for personal, non-commercial use only, provided that you (a) retain all copyright, trademark, or other proprietary notices contained on the content; (b) do not modify or alter the content in any way; and (c) do not make the content available to any third party. NEMA reserves complete title and full intellectual property rights for any Content that you download from this Website.

You agree to use this Website only for lawful purposes. The following activities are strictly prohibited: (a) misrepresenting the identity of a user, (b) tampering with this Website, and (c) conducting fraudulent activities.

Use of Our Website Disclaimer
This Website and all Content available on this Website are provided on an “as is” basis without warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that your use of this Website is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that NEMA shall not be liable for any damages of any kind related to your use of this Website.

NEMA attempts to ensure that the Content on this Website is complete and current. As indicated in the terms set forth below, NEMA cannot guarantee that the information contained on this Website will not contain errors, inaccuracies, or omissions. Such errors, inaccuracies, or omissions may relate to price or to product description or availability. NEMA reserves the right to correct any error, inaccuracy, or omission, or to change or update the content without prior notice to you. Further, NEMA reserves the right to refuse or cancel any orders containing any error, inaccuracy, or omission, whether or not the order has been submitted and/or confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, NEMA shall promptly issue a credit to your credit card.

Proprietary Rights
The NEMA logos and trademarks, as well as other marks, trade names, trademarks, and logos on this Website, are the properties of their respective owners. You may not use, reproduce, copy, or manipulate such logos in any manner without the prior written consent of the owner. The entire contents of this Website, including text, images, music, sound, photographs, video, illustrations, icons, graphics, headers, data, information, and software (collectively, “Content”) are subject to copyright, trademark, or other proprietary rights or licenses held by NEMA or a NEMA affiliate or by third parties who have licensed their rights to NEMA.

All Content is copyrighted as a collective work under U.S. and international copyright laws, and NEMA owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement, and selection of such Content or this Website. Except as provided above, you may not make copy, modify, or create derivative works of the Content. In addition, you may not distribute, publish, transmit, reuse, repost, and “frame” the Content in any manner or sell or attempt to sell the Content.

Limitations of Liability
IN NO EVENT SHALL NEMA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUCCESSORS OR ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE—WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH ANY USE OF, INABILITY TO USE, OR RESULTS OF USE OF, THIS WEBSITE OR ANY CONTENT ON THIS WEBSITE, EVEN IF NEMA OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE AND THE CONTENT THEREON, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN NEMA’S TOTAL LIABILITY TO YOU SHALL IN NO EVENT EXCEED ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Links to Third Party Websites
This Website may contain links to other sites that are neither owned nor operated by NEMA, although some such sites may have an affiliation with NEMA (collectively, “Third Party Sites”). Such links are provided for your convenience only. NEMA makes no representations whatsoever about any Third Party Sites which you may access through this Website, as NEMA has no control over the content appearing on such Third Party Sites. Moreover, a link to a Third Party Site does not imply and does not constitute sponsorship, endorsement, approval, or responsibility for the content on, or the use of, such Third Party Site. No rights to use or copy the information on this Website or the Third Party Site are granted or implied.

Note: The Terms of Use and Privacy Policies applicable to Third Party Sites may differ significantly from those of NEMA. You are encouraged to review the applicable privacy policies of such Third Party Sites.

Miscellaneous
The Terms and Conditions constitute the entire agreement between you and NEMA with respect to this Website. The Terms and Conditions supercede all prior or contemporaneous communications and proposals—whether electronic, oral, or written—between you and NEMA with respect to this Website. No modification of the Terms and Conditions shall be effective unless it is authorized by NEMA. If any provision of the Terms and Conditions is found to be contrary to law, then such provision shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.

Venue for Disputes
Any action relating to the use of the Website, catalogs, or any transaction with NEMA must be brought in the state or federal courts located in the County of Fayette, Kentucky.

Last Updated: July 2011