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Terms of use

The following terms and conditions (“Terms of Use”) apply to all visitors to or users of smcelectric.com and associated websites (this “Website”), a website of Southern Supply Corporation, dba “Tooling Associates”. By accessing this Website, you acknowledge acceptance of these terms and conditions, which govern access to and use of this Website, including any content, functionality and services offered on or through the Website. If you do not want to agree to these Terms of Use, you must not access or use this Website.

Tooling Associates reserves the right to change these Terms of Use from time to time at its sole discretion. Your continued use of this Website after a posted change in these Terms of Use will constitute your acceptance of such changes in these Terms of Use. Accordingly, you are advised to visit this page regularly in order to keep apprised of any changes in these Terms of Use. In the case of any violation of these Terms of Use, Tooling Associates reserves the right to seek all remedies available by law and in equity for such violations.

Access and Use of Information

You are hereby granted, subject to these Terms of Use, a limited, non-exclusive, non-transferable license to view the screens and materials on this Website and to print only a limited number of copies of such screens and materials as is needed for your own non-commercial use, in order to make a decision whether or not to purchase any products offered through this Website. Access to this Website is limited to viewing the linked Web pages solely to access information for purposes of making a purchase decision and using the e-Commerce functionality of the Website to make purchases. Any access to or use of this Website for any other purpose is expressly prohibited. Any access or attempt to access other areas of Tooling Associates’ computer systems or networks, or information contained therein, for any purpose is strictly prohibited.

Tooling Associates reserves the right to withdraw or amend this Website, and any service or material Tooling Associates provides on the Website, in our sole discretion without notice. Tooling Associates will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, and all other information Tooling Associates collects on this Website, is governed by our Privacy Policy, and you consent to all actions Tooling Associates takes with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify SMC immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

SMC has the right to disable any user name, password or other identifier, whether chosen by you or provided by Tooling Associates, at any time in our sole discretion for any or no reason, including if, in Tooling Associates’ opinion, you have violated any provision of these Terms of Use.

Prohibited Uses

You agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Online Purchases and Cross Reference Information

All purchases through this Website or other transactions for the sale of goods or services formed through the Website or as a result of visits made by you are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.

Tooling Associates’ product cross-reference results do not imply that all products compared are of functional equivalency or that performance and other characteristics are exact. For critical applications, review specifications prior to purchase.

Links

From time to time, other websites may provide hypertext links (“Links”) to this Website. No such Links shall imply any relationship or connection between Tooling Associates and the operator of the website containing the Link to this Website. Tooling Associates has no liability to you arising out of your use of any website that provides Links to this Website.

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Intellectual Property Rights

The information available on this Website is the property of Tooling Associates and its suppliers and is protected by copyright and other intellectual property laws. All rights not expressly granted under this Agreement are hereby reserved by Tooling Associates. No act of downloading any portion of this Website will constitute a transfer of title in such material. Any printouts using or referencing content from this site, with the purpose of evaluating or acquiring Tooling Associates’ products or services, shall contain Tooling Associates’ copyright notice. No other permission is granted to you to copy, reproduce, distribute, republish, transmit, upload, download, display in public, or modify the content contained on this Website.

The trademarks, logos and service marks (“Marks”) displayed on this Website are the property of Tooling Associates or other third parties. Users are not permitted to use these Marks without the prior written consent of Tooling Associates or such third party which may own the Mark.

Submissions

You agree that all product reviews, ratings, remarks, suggestions, ideas, graphics or other information communicated to Tooling Associates through this Website (“Submissions”) shall be the property of Tooling Associates. In order to facilitate this, you hereby irrevocably transfer, assign and convey to Tooling Associates all right, title and interest in any Submissions. Tooling Associates will not be required to treat any Submission as confidential and will not be liable for any ideas for its business and will not incur any liability as a result of any similarities that may appear in future Tooling Associates operations. Without limitation, Tooling Associates will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature.

You represent and warrant that:

  • You own or control all rights in and to the Submissions and have the right to make the assignment above to Tooling Associates.
  • All of your Submissions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any Submissions you submit or contribute, and you, not Tooling Associates, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. Tooling Associates is not responsible, or liable to any third party, for the content or accuracy of any Submissions posted by you or any other user of the Website. Tooling Associates has the right to remove or refuse to post any Submissions for any or no reason in our sole discretion.

Disclaimer

Although Tooling Associates has attempted to provide accurate information on the Web Site, Tooling Associates assumes no responsibility for the accuracy of the information. Tooling Associates may change products or services mentioned at any time without notice. YOUR USE OF THE WEBSITE AND ITS CONTENT IS AT YOUR OWN RISK. ALL INFORMATION PROVIDED ON THIS WEB SITE IS PROVIDED “AS IS” AND “AS AVAILABLE.” SMC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, NEITHER TOOLING ASSOCIATES NOR ANY PERSON ASSOCIATED WITH TOOLING ASSOCIATES MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE, OR THAT THE WEBSITE OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL TOOLING ASSOCIATES, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. TOOLING ASSOCIATES AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY TOOLING ASSOCIATES PRODUCT OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENTED, EVEN IF TOOLING ASSOCIATES OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT OF THE LAW).

TOOLING ASSOCIATES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Indemnification

You agree to defend, indemnify and hold harmless Tooling Associates, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your Submissions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Missouri, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver of by Tooling Associates of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Tooling Associates to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, the Privacy Policy, the Terms of Sale, the Customer Ratings and Reviews terms and conditions, and all other terms and conditions posted on this Website, or to which you agree as part of any program, promotion, or special feature administered by Tooling Associates through the Website, constitute the sole and entire agreement between you and Tooling Associates with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Copyright Information

All notices of copyright infringement claims should be sent to Tooling Associates.