Terms & Conditions
Welcome to the eWorks Employee Purchasing Portal of eWorks Electronic Services Inc. (“Vendor”), an electronic resale and recycling organization. Vendor provides assessment, recycling, and resale of electronics sent to it by eWorks. These Terms & Conditions apply to your use of the Website [and also apply to all websites owned and/or provided by Vendor, including without limitation http://shop.eworksesi.org/].
Each time you use this Website, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date below.
1. OTHER TERMS
2. USE OF THE WEBSITE
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
3. COPYRIGHTS AND PERMISSIONS
Please feel free to browse the Website. Except as otherwise noted, all material on the Website is:
Copyright © 2017 eWorks Electronic Services Inc.
All Rights Reserved.
In general, you may review and print copies of material displayed on the Website, provided that the material (1) is only used for your personal and/or noncommercial purposes, and (2) retains, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the material as posted on the Website.
4. TRADEMARKS/SERVICE MARKS
You agree not to display or otherwise inappropriately use trademarks, service marks, logos and/or designs displayed on the Website without prior written permission from Vendor.
5. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY
Vendor respects the intellectual property of others, and we ask visitors to the Website to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Vendor:
- Identification of the copyrighted work(s) that you claim has been infringed;
- Identification of where the material that you claim to be infringing is located on the Website;
- A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
- Your address, telephone number, and e-mail address; and
- Your physical or electronic signature.
Drinker Biddle & Reath LLP
191 North Wacker Drive
Chicago, IL 60606
Similarly, if you believe that any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Vendor.
6. PRODUCTS FOR SALE
7. SUBMISSIONS BY YOU ON THE WEBSITE AND IN SOCIAL MEDIA
We appreciate hearing from you on this Website and on certain websites owned by Vendor or third parties (e.g., Instagram, Facebook, Twitter, Pinterest) where Vendor has established a social media page (the “Page”).
You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website or the Page any of the following:
- Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;
- Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;
- Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;
- Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;
- Content or links to content that, in Vendor’s sole judgment is objectionable, restricts or inhibits others from using the Website or Page, or which may expose Vendor or its users to any harm or liability of any type;
- Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.
Although Vendor has no obligation to screen, edit, or monitor any of the Content posted by users, Vendor reserves the right to restrict, suspend or terminate without notice a user’s access to the Website or the Page or any feature of this Website or the Page or any part thereof at any time.
The Website or Page may contain the opinions and views of other users, which Vendor does not endorse and for which Vendor is not responsible. Vendor is also not responsible for the accuracy of any content posted on the Website or Page, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.
Your dealings with third parties found on or through the Website or Page are solely between you and those third parties. Vendor does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Vendor will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Website or Page.
8. DISCLAIMER OF THIRD PARTY WEBSITES
This Website may provide links to other websites that we hope you will find helpful. Vendor may also be referenced on third-party websites.
9. ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES
Vendor is not responsible if the information made available on this Website is not accurate or complete. Any reliance upon the material on the Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this Website.
11. DISPUTE RESOLUTION
In the event of a dispute arising from or relating to the Website or these Terms & Conditions, you agree to submit such dispute to non-binding mediation in New York State. If mediation is not successful, you or Vendor may submit the dispute to arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association in New York State. Any action based on a breach of any provision of these Terms & Conditions may be brought to the federal or local courts presiding in New York State, whichever is appropriate, and to whose jurisdiction you consent in such an action. Notwithstanding the foregoing, Vendor may seek injunctive relief at any time. If a breach is found by a given court, the court shall have the right to issue an injunction, and grant to Vendor its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
12. APPLICABLE LAWS AND JURISDICTIONAL ISSUES
The Website shall be governed by the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of Washington, DC applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in Washington, DC, and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
13. COMPLIANCE WITH LAWS
You agree that you will not use the Website, or services provided on or through the Website, for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website, or services provided on or through the Website, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or services provided on or through the Website in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.
14. FORCE MAJEURE
Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Vendor is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Vendor, then Vendor shall not be responsible to you for any failure or delay in the performance of its obligations. Vendor shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Vendor from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.
16. NO ASSIGNMENT
You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Vendor.
17. INVALIDITY OF PROVISIONS
In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.
18. NO WAIVER
Any failure by Vendor to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.
19. CHANGES TO THE TERMS & CONDITIONS
No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms & Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Vendor.
20. COMPLETE UNDERSTANDING
Last Updated: May 24th, 2017