Acceptable Use of the Edmund A. Gray Company, Inc. Web Site

1. Committing to Terms of Use

Please read the terms of use carefully before accessing Edmund A. Gray Company Inc’s (EAGray) Web Site available at www.eagray.com (Web Site).  By accessing the Web Site you commit to following terms of use. You are not permitted to use the Web Site if you do not accept the terms.

 2. About the information on the Web Site

The Web Site offers information for current and potential customers of EAGray.

 3. Availability of the Web Site

The Web Site and its content is a service provided by EAGray that is provided on “as it is” basis. EAGray does not guarantee that the Web Site will be available without interruption or errors. EAGray reserves the right to make changes to the Web Site and limit the access to the pages at any time. EAGray provides no guarantee on the availability, accuracy, reliability or contents of the Web Site.  

4. Technical Requirements

You can use the Web Site and related services with the most common browsers, however EAGray does not support the use of Beta version of browsers.

 5. Liability

EAGray is not liable for any damages, loss of sales or business interruptions arising out of the use or inability to use the Web Site or the services offered on the Web Site, even if EAGray has been notified of the possibility of such damage. In case some jurisdictions do not allow exclusion of certain limitations of liability, the liability of EAGray would in such a case be limited to the greatest extent permitted by the relevant law.

The information provided on the Web Site will, under no circumstances, constitute an offer to buy or sell products offered by EAGray nor shall it constitute advice or recommendation on application, installation or use of products listed herein.

Also, by your use of the EAGray Web Site, you affirm that you will not make any claims on EAGray based on the material and information published on the Web Site, and you commit to compensate EAGray for any costs that may occur from actions taken by a third party based on the material and information published on the Web Site.

 6. Conduct

You agree not to modify the documents and information available on the EAGray Web Site in any manner or form or to use modified versions of such documents or information.  Without limiting the foregoing, you agree that you will not use our Web Site to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;

2. Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;

3. Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;

4. Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;

5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;

6. Download any file that you know or reasonably should know cannot be legally obtained in such manner;

7. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;

8. Interfere with or disrupt our sites, servers, or networks;

9. Impersonate any person or entity, including, but not limited to, an EAGray employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;

10.   Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;

11.   Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;

12.   Engage in any illegal activities.

 7. Links offered by a third party

EAGray’s Web Site may contain links to pages owned or managed by third parties. When you transfer to such a page you must review and accept their possible terms of use before starting to use said pages. When you transfer to a linked page you also accept that that page is not managed by or affiliated with EAGray and EAGray has no control over the content of the material created or published on these pages. EAGray is not responsible for any of the material on pages managed by a third party. The inclusion of a third party link that is not related to EAGray on EAGray pages does not in any way indicate that EAGray endorses the products or services included in these pages.

8. Immaterial property rights and the right to use the Web Site

The contents of the Web Site are protected by immaterial property rights. EAGray reserves all rights to the Web Site and their contents, unless otherwise stated in the terms of use. Copying, transferring, distribution or storing of the page content or parts of it in any form whatsoever is prohibited without written permission from EAGray, apart from any exceptions or notations mentioned on the Web Site. You are allowed to view the Web Site on a computer (or similar device) and print out parts.

Distribution and publication of the content of EAGray’s Web Site is forbidden without written consent from EAGray. Separate terms of use may be attached to services offered and individual documents available on EAGray’s Web Site, which mean that such special terms are in addition to the terms of use applied to the said documents or services.

9. Privacy protection

EAGray collects processes and analyzes data on the use, traffic, and events on the Web Site, as well as other statistics related to the pages. EAGray can, if it deems necessary, also acquire such data from reliable third parties; however, only so that the data cannot be restored to relate to one identifiable person.

In case you want to supply information to EAGray that is legally privileged or relates to your customer relationship with EAGray, we ask you to send the message via mail. If you send material other than the above-mentioned customer relationship-related or personal data to EAGray by, e.g., e-mail or through the Web Site, you accept and confirm that (a) the material you are sending is not illegal or otherwise unfit for publication, (b) you have taken necessary precautions before sending to find and remove any possible viruses and other impurities or destructive features, (c) the material is yours or you have unlimited permission to deliver it to EAGray and that EAGray can publish the material free of charge and/or include the material or part of it in its own products without any liability or obligation to pay.

10. Applicable Law

These terms of use are governed by California law.

11. Indemnification
You hereby agree to indemnify, defend and hold EAGray and all of our officers, directors, owners, employees, agents, information providers, affiliates, and partners (collectively, “EAGray Parties”) harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any EAGray Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:

1. Your use of our sites;

2. Any use or alleged use of accounts or passwords by any person, whether or not authorized by you;

3. The content, the quality, or the performance of content that you received from our sites;

4. Your connection to our sites;

5. Your violation of these Terms; or

6. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

12. Arbitration
EAGray may elect to resolve any controversy or claim arising out of or relating to these Terms or our sites by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in Los Angeles, California, necessary to protect the rights or the property of you or EAGray (or its agents, officers, employees, assigns, suppliers, and customers), pending the completion of arbitration.

12. Communication

In questions relating to these terms and to EAGray, please contact EAGray directly via email or phone.