Internet Site Terms & Conditions Agreement

Please read the following terms and conditions carefully before using or accessing our site.

By accessing or using the pages in this Site, you agree to be bound by these terms and conditions. If you do not agree, you should not use this Site. We may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of this Site shall be deemed your conclusive acceptance of the modified Agreement.

OWNERSHIP
This Site, www.batterycouncil.org, is owned, operated and maintained by Battery Council International (“BCI”). This site and all perceptible components hereof, including without limitation information, graphics, photos, buttons, text, images, layout, arrangement, audio and other material (collectively “Content”), are copyrighted by BCI. BCI makes no representation that the Content of this site, including without limitation the information and other materials promoting the products and services identified herein, are appropriate or available for use in other locations.

RESTRICTIONS ON USE
The Content contained in this Site is the exclusive property of BCI, and protected by copyright, trademark and other Intellectual Property law, and except where otherwise noted, and except for personal, non-commercial use, may not be copied, distributed, reproduced, republished, posted, modified in any way, displayed, or transmitted in any form or by any means, without prior written permission of BCI. By visiting the Site the user does not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any materials or information displayed on the Site.

Any unauthorized use of the Content of this Site, including trademarks, service marks, or trade dress found within the Site, may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

The Content in this site is provided for lawful purposes only. This Site is controlled by BCI from its offices within the United States of America. If you choose to access this Site from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use, download, export or re-export any Content of this Site, including software, in violation of U.S. export laws and regulations.

SUBMISSIONS AND USE OF YOUR COMMUNICATIONS
All communications and other materials (including, without limitation unsolicited ideas, graphics, concepts, know-how, suggestions or materials) you send to BCI through this Site, by electronic mail, or otherwise will be treated as non-confidential and nonproprietary. All such communications and other materials are, and shall remain, the sole and exclusive property of BCI and may be used by BCI for any purpose whatsoever, commercial or otherwise, without payment of any compensation to you, and BCI shall not be liable for any use or disclosure thereof. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this Site. This information is for internal purposes only and is not sold or otherwise transferred to third parties of BCI or to other entities who are not involved in the operation of this Site.

DISCLAIMER AND GENERAL NOTICES
This Site and all Content, included or available therein, are provided “As Is” and “As Available” with all faults. TO THE EXTENT PERMISSIBLE BY LAW, BCI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THIS SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BCI does not represent or warrant that your use of the Site will be uninterrupted, error free, secure, free of viruses or other harmful components, or that any Content is accurate, complete or correct. BCI shall not be liable or responsible for any damages or injuries caused by use of this Site or for any errors or omissions in the Contents of the Site. Your use of this Site is solely at your own risk.

BCI may from time to time revise the Content information, services and the resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. BCI may, in its sole discretion, discontinue site availability at any time without notice. In addition, BCI has no duty to update this site or the Content hereof, and BCI shall not be liable for any failure to update such Content. BCI may, at any time, revise these Terms and Conditions by updating this posting, and you are bound by any such revisions.

BCI is neither responsible nor liable for your use of other web sites which you may access via certain links within this Site. The links are to be accessed at the user’s own risk, and BCI makes no representations about any other web site that you may access through its Site and is not responsible for the content, completeness, or accuracy of these links or the web sites hyper-linked to this Site. Your use of any linked site is subject to the terms and conditions of that site. Further, inclusion of these links and other “resources” referenced on this Site does not constitute an endorsement by or affiliation with BCI. You may not create a link to the Site without first obtaining the written permission of BCI.

This Site may also contain references to other company, brand or product names. These company, brand, product and service names are used herein for identification purposes only and may be the trademarks and/or service marks of their respective owners. BCI makes no representations about them, their owners, their products or their services.

THIRD-PARTY WEBSITES
BCI may provide access to information, products, or services offered on websites that are owned or operated by other companies (“third-party websites”). We provide this access through the use of hyperlinks that automatically move you from a BCI website to the third-party site.

While we do our best to provide you with helpful, trustworthy resources, BCI cannot endorse, approve, or guarantee information, products, services, or recommendations provided at a third-party website. Since we may not always know when information on a linked site changes, BCI is not responsible for the content or accuracy of any third-party website. BCI shall not be responsible for any loss or damage of any sort resulting from the use of a link on its websites nor will it be liable for any failure of products or services advertised or provided on these linked sites.

BCI offers you links on an “as is” basis. When you visit a third-party website by using a link on a BCI site, you will no longer be protected by the BCI privacy policy or terms of use. The data collection, use, and protection practices of the linked site may differ from the practices of BCI sites. You should familiarize yourself with the privacy policy and terms of use of the linked website. Those are the policies and practices that will apply to your use of the linked website, not the BCI policies and practices.

RESTRICTION OF LIABILITY
BCI shall not be liable for damages or loss of any kind, including without limitation

any indirect, special, incidental, or consequential damages, arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content hereof, regardless of the nature or cause of any such damages or losses and whether or not a claim thereof is based in contract, tort, negligence or otherwise. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

TRADEMARKS
This Site contains trademarks, service marks, and trade dress owned and used by BCI and you may not use any of such materials for any purpose without the express written agreement of BCI.

JURISDICTION
Any claim relating to the Site Content or to these Terms and Conditions shall be governed and interpreted pursuant to the internal substantive laws of the State of Illinois, notwithstanding any principles of conflicts of law. You agree and hereby submit to the exclusive personal jurisdiction and venue of the Federal and State Courts located in the State of Illinois.

OTHER
Any failure by BCI to enforce any of its rights under these Terms and Conditions or under applicable law shall not constitute a waiver of such rights. If any term, condition, or provision of this Terms and Conditions Agreement is determined to be unlawful, invalid, void, or for any reason unenforceable, then that term, condition, or provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms and Conditions constitute the entire agreement between you and BCI relating to the subject matter herein.