OVERVIEW
This page outlines the Terms and Conditions for EngineeringDesignResources.com, which operates this website. Throughout the site, the terms “we”, “us” and “our” refer to EngineeringDesignResources.com.
EngineeringDesignResources.com offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Therefore, by visiting our site and/or purchasing something from us, you engage in our “Service”. Furthermore, you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
PLEASE READ
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. In other words, if you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If you consider these Terms of Service as an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. Therefore, it is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes.
Bluehost, Inc. hosts EngineeringDesignResources.com.
PayPal, Inc. provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence.
You may not use our products for any illegal or unauthorized purpose. Similarly, you may not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any code of a destructive nature.
In conclusion, a breach or violation of any of the Terms will result in an immediate termination of your services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve:
- transmissions over various networks, and
- changes to conform and adapt to technical requirements of connecting networks or devices.
The system always encrypts credit card information during transfer over networks.
Unless we give you express written permission, you agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
This site may contain certain historical information. However, historical information is not necessarily current, and we provide it for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice, at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Our Products or Services are available exclusively online through our website. These Products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region, or jurisdiction, which may be exercised on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time, without notice, at our sole discretion. We reserve the right to discontinue any Product at any time. Any offer for any Product or Service made on this site is void where prohibited.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of the order. If it seems that orders, in our sole judgment, are placed by dealers, resellers, or distributers, we reserve the right to limit or prohibit those orders.
You agree to provide current, complete, and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, in order for us to complete your transactions and contact you as needed.
For more details, please review our Refund Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools, of which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind. In addition, this access is provided without any endorsement. We shall have no liability, whatsoever, arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and approve the terms on which the relevant third-party provides.
In the future, we may also offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy. In addition, we do not warrant and will not have liability or responsibility for any third-party materials or websites. Similarly, we do not warrant and will not have liability or responsibility for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices. After that, make sure you understand them before you engage in any transaction. Customers should direct complaints, claims, concerns, or questions regarding third-party products directly to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and use any comments that you forward to us. These sent items can be online, by email, by postal mail, or otherwise.
We are and shall be under no obligation to
- maintain any comments in confidence,
- pay compensation for any comments, or
- respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine, in our sole discretion, is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. Furthermore, you agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Our Privacy Policy governs your submission of personal information through the store.
SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct these and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate. This can be done at any time, without prior notice, including after you have submitted your order.
However, we have no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Furthermore, a specified update or refresh date applied in the Service or on any related website does not indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions set forth in the Terms of Service, you may not use the site or its content to/for:
- any unlawful purpose,
- solicit others to perform or participate in any unlawful acts,
- violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances,
- infringe upon or violate our intellectual property rights or the intellectual property rights of others,
- harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability,
- submit false or misleading information,
- upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet,
- collect or track the personal information of others,
- spam, phish, pharm, pretext, spider, crawl, or scrape,
- any obscene or immoral purpose, or
- interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
In conclusion, we reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
In addition, we do not warrant that the results we may obtain from the use of the Service will be accurate or reliable.
You agree that we may periodically remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
Furthermore, you expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use. This is without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
LIABILITY
In no case shall EngineeringDesignResources.com, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the Service or any Products procured using the Service, or for any claim related in any way to your use of the Service or any Product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or content (or Product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
In addition, because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless EngineeringDesignResources.com and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, by any third-party, due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. Therefore, you may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice. After that, you will remain liable for all amounts due up to and including the date of termination. In addition, we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
In addition, these Terms of Service and any policies or operating rules posted by us on this site, or in respect to the Service, constitutes the entire agreement and understanding between you and us. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Customer shall not construe any ambiguities in the interpretation of these Terms of Service against the drafting party.
SECTION 18 – GOVERNING LAW
The laws of the United States shall govern and construe these Terms of Service and any separate agreements whereby we provide you Services.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Furthermore, your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
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