Terms of Use

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FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES

The following rules govern the use by you of FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES (collectively, “Information”). BY SIGNING ON AND USING FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.

Personal Uses Permitted.

FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES is an online information exchange service for use by FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, its Partners, Members and the general public. You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules and regulations.

User’s Obligation to Abide By Applicable Law.

In connection with the use of FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement (“Applicable Law”). The Information available on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). Such Intellectual Property Laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (art and electronic) images, music, sound samplings and other protected materials. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.

Disclosure of Online Communications.

You are cautioned that any online communications may not be fully confidential. In addition, you should be aware that federal postal regulations do not protect electronic mail. You should be aware that some administrative personnel of FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES may, in the course of their regular duties, have access to communications for technical or operational purposes. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES may also disclose any communications to the extent permitted or required by law.

Prohibition Against Rogue Programming.

You shall not post, transmit or make available in any way through FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES any software or other materials which contain a computer virus, trojan horse, time bomb, worm or other rogue programming (“Rogue Programming”). FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES has no obligation to detect the presence of any Rogue Programming. Any downloading of software or other materials or any other use of the Information on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES is at your risk, and you are advised to take adequate precautions to minimize any loss to your system caused by Rogue Programming, including use of anti-virus programs and proper backup of files.

Content of Information.

You are responsible for the content of any Information you put on, or authorize to be put on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. The Information posted to or authorized to be posted to FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES does not necessarily reflect the views of FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES and in no event shall FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES assume or have any responsibility or liability for any information posted to or authorized to be posted on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES or for any claims, damages or losses resulting from the use and/or appearance of such information on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES reserves the right to review any Information that is or becomes available on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES reserves the right to refuse to post or to edit or remove, in whole or in part, any Information that is, in FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES’s sole discretion, unacceptable, undesirable or in violation of these rules. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES has no obligation to exercise such reservation of rights by FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES; however, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES has adopted and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES system or network who are repeat infringers. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES may terminate access for content providers or forum participants who are found repeatedly to provide or post protected material without necessary rights and permissions. By submitting information to, or authorizing the use of information by FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, you grant FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now know or hereinafter devised and represent that you have all necessary rights in such posting. While FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES strives to provide users with the highest-quality related resources on all of its sites, we cannot and do not ensure the quality or accuracy of the non- FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES content to which we link.

Postings

Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to submit, post, display, transmit and/or exchange information, ideas, opinions, photographs, images, video, creative works or other information, messages, transmissions or material to us, the Site or others (“Post” or “Postings”). Postings do not necessarily reflect the views of this Site, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES or its Parent Companies. We do not monitor, endorse, edit or screen any Postings, nor shall we be liable for any Posting that is in violation of this Agreement. In no event shall the Site, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES or its Parent Companies have or be construed to have any responsibility or liability for or in connection with any Posting whatsoever; however, if we determine, in our sole discretion and judgment, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; and/or (d) use any technological, legal, operational or other means available to FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES.

If a Posting originates from you or your account, you hereby agree that: (a) you are placing the Posting in the public domain without reservation of any rights or further control over the Posting or its use and you specifically authorize us to use such Posting in whole or in part, throughout the universe, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; (b) you represent and warrant that (i) the Posting is original to you or fully cleared for use as contemplated herein, (ii) the Posting does and will not, in any way, violate or breach any of the terms of this Agreement, (iii) the Posting does not contain libelous, tortious, or otherwise unlawful information, infringe or violate any copyright or other right, or contain any matter the publication or sale of which will violate any federal or state statute or regulation, (iv) the Posting is not obscene or in any other manner unlawful, (v) the Posting shall not be injurious to the health of the user, and (vi) we shall not be required to pay or incur any sums to any person or entity as a result of our use or exploitation of the Posting; (c) if your Posting incorporates the name, logo, brand, service or trademark, voice, likeness or image of any person, firm or enterprise, you specifically represent and warrant that you have the right to place such Posting in the public domain and grant FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES the right to use such Posting as described above; and (d) we have the right to delete, re-format and/or change your Posting in any manner that we may determine (although you will not be responsible for any such changes).
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.

Posting is for noncommercial purposes only and you may not Post in any manner which does or is intended to promote or generate revenue for any business enterprise or commercial activity.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the terms of this Agreement (except for any notices covered by the Copyright Compliance Policy), please click here to send us a message about it. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.

CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS

From time to time, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES or its suppliers and Advertisers may conduct promotions on or through the Site, including, without limitation, auctions, contests and sweepstakes (“Promotions”). Each Promotion may have Additional Terms and/or Rules which will be posted or otherwise made available to you and, for purposes of each Promotion, will be deemed incorporated into and form a part of this Agreement.

Podcasts.

The MP3 audio files and XML files that together comprise a FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES-hosted podcast (herein referred to as the “podcast”) are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the producer, including the content and technology included therein, are reserved to the producer. FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES-hosted podcast(s) are available for personal, noncommercial use only. You may link to FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:

(a) you do not modify or delete any of the podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES;
(c) the use or display does not suggest that FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, local FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES member stations nor the producer of the podcast(s) promotes or endorses any third party causes, ideas, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the producer and FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES.

For permission requests, please email feedback@Fesco Direct, Jel Holdings Corp, and affiliate websites Producers and FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES reserve the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.

The podcast producer and/or FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES may modify any of the terms and conditions contained herein, at any time and at our sole discretion, and such terms and conditions will become binding when placed online.

Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the podcast producer, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, nor any local FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES station be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).

Intellectual Property Rights

FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES’s Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices. Information about requesting permission to reproduce or distribute materials from the Site can be found by emailing information@fescodirect.com.

Your License to FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. By posting or submitting any material (including, without limitation, photos and videos) to us via the Site, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

Limitations on Linking and Framing.

You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES or FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Online Commerce

Certain sections of the Site may allow you to purchase many different types of products and services online that are provided by third parties. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Site or on a site linked to by the Site, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by both the merchant and us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies. In addition, when you purchase products or services on or through the Site, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly. You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of any products or services made available by third parties through the Site.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Use of Company Directories

The information contained in any company directories that may be provided on the Site is provided for business lookup purposes and is not to be used for marketing or telemarketing applications. This information may not be copied or redistributed and is provided “AS IS” without warranty of any kind. In no event will we or our suppliers be liable in any way with regard to such information.

Interactive Features

This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others.

Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  • Restrict or inhibit any other user from using and enjoying the Service.
  • Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  • Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  • Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  • Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  • Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  • Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  • Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  • Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.
  • Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.
  • Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

Registration

To access certain features of the Site, we may ask you to provide certain demographic information including your gender, year of birth, zip code and country. In addition, if you elect to sign-up for a particular feature of the Site, such as chat rooms, web logs, or bulletin boards, you may also be asked to register with us on the form provided and such registration may require you to provide personally identifiable information such as your name and email address. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the Terms of our Privacy Policy.

Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Disclaimer of Warranties

FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES NOR THE MEMBER STATIONS WARRANT THAT ANY INFORMATION IS COMPLETE OR ACCURATE, THAT FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION IS FREE OF ROGUE PROGRAMMING.

Throughout the Site, we have provided links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor our parent or subsidiary companies nor any of our respective affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You must provide and are solely responsible for all hardware and/or software necessary to access the Site. You assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.

Limitation of Damages/Liability.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES OR THE MEMBER SITES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OR INABILITY TO USE FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, INCLUDING WITHOUT LIMITATION USE OF OR RELIANCE ON INFORMATION AVAILABLE ON FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETIONS OF FILES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, DISCLOSURE OF COMMUNICATIONS, OR ANY OTHER FAILURE OF PERFORMANCE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Release and Indemnity.

YOU HEREBY RELEASE AND WAIVE ANY AND ALL CLAIMS AND/OR LIABILITY AGAINST FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, OUR PARTNERS AND/OR OUR MEMBERS ARISING FROM OR IN CONNECTION WITH YOUR USE OF PARTNERS. YOU ALSO AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES, OUR PARTNERS AND/OR OUR MEMBERS, FROM AND AGAINST, ANY AND ALL CLAIMS OR LIABILITY, INCLUDING COSTS AND ATTORNEYS FEES, ARISING FROM OR IN CONNECTION WITH YOU USE OF FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES OR FAILURE TO ABIDE BY APPLICABLE LAW.

Modifications.

These rules may be modified by FESCO DIRECT, JEL HOLDINGS CORP, AND AFFILIATE WEBSITES from time to time and such modifications will be binding on you when placed online.

Other

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals and communications, written oral. You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Site. In the event of any conflict between any such third-party terms and conditions and these Terms of Service, these Terms of Service shall govern. This agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any principles of conflicts of law. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Copyright © 2009 Fesco Direct LLC. – All Rights Reserved.

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