IMPORTANT! CAREFULLY READ THESE TERMS OF USE (THE “TERMS”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, AND GOVERN YOUR USE OF WWW.WHSALISBURY.COM and other websites which are owned or operated by Salisbury Electric Safety, LLC, including without limitation www.arcsafety.com (THE “website”). This website is owned and operated by Salisbury Electric Safety, LLC, (“Salisbury”). You agree to these Terms & Conditions by accessing this website. IF YOU DISAGREE WITH ANY OF THESE TERMS OR DO NOT AGREE TO BE BOUND BY ALL THESE TERMS, DO NOT USE THIS WEBSITE. The website and its content have been compiled for informational purposes only and are subject to change at any time without notice.

LOCATION
Salisbury operates the website in the United States.  Information contained on the website may not be appropriate or available for use in other locations, and access to this website from territories where the content of the website may be illegal is prohibited.  If you access the website from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws.  

You agree to comply with all rules, laws, and regulations that are applicable to your use of the website, including, without limitation, all applicable laws, rules, and regulations governing your transmission or use of any software or data.  If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provision of these Terms, which will remain in full force and effect.  The section titles in these Terms are for your convenience only and do not have any legal or contractual effect.

DISCLAIMER
This website is purely a public resource of general information that is intended, but not guaranteed, to be correct and complete.  THIS SITE IS PROVIDED BY SALISBURY ON AN "AS IS" “AS AVAILABLE” BASIS. SALISBURY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.  TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE STATE AND LOCAL LAW, SALISBURY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions do not permit the exclusion of implied warranties, so the above exclusion may not apply to you.  You may have other rights which vary by jurisdiction.  This website may be temporarily unavailable due to maintenance or malfunction of computer equipment. SALISBURY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES AND LIABILITIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.. WITHOUT LIMITING THE FOREGOING, SALISBURY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. IN THE CASE OF PRODUCTS MANUFACTURED BY SALISBURY AND OFFERED ON THIS SITE, THE ONLY WARRANTY APPLICABLE SHALL BE THE LIMITED WARRANTY FOR PRODUCTS MANUFACTURED BY SALISBURY, DESCRIBED BELOW IN THESE TERMS AND CONDITIONS. 

SALISBURY IS NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER'S COMPUTER, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.

THE WEBSITE MAY CONTAIN FACTS, OPINIONS, VIEWS, STATEMENTS AND RECOMMENDATIONS OF THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE WEBSITE DOES NOT REPRESENT OR ENDORSE THE ACCURACY, TIMELINESS, COMPLETENESS, OR RELIABILITY OF ANY FACTS, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, OPINIONS, VIEWS, STATEMENTS AND/OR RECOMMENDATIONS IS AT YOUR SOLE RISK.  IN NO EVENT WILL SALISBURY BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL SALSIBURY BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN ONE HUNDRED DOLLARS ($100).

INDEMNIFICATION
By using this website you agree to indemnify, defend and hold Salisbury harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to: (a) your breach of your representations; (b) your violation of these Terms & Conditions or any law, rule or regulation; (c) a claim that is based on your use of this website or its content; or (d) any content uploaded by you or through your computer to the website or otherwise sent by you to Salisbury.  You will cooperate as fully and reasonably as required by Salisbury in the defense of any claim.  Salisbury reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Salisbury.

LINKS TO OTHER CONTENT
Certain links on this site lead to resources located on websites maintained by third parties over whom Salisbury has no control.  As such, Salisbury makes no representation as to the accuracy or any other aspect of the information contained at such outside sites.  Although Salisbury tries to choose those sites which will be helpful to you, Salisbury is not responsible for the quality, safety, completeness, accuracy or nature of the content of such sites.  Salisbury provides these links simply as a convenience to you; this convenience should not be considered an endorsement by us of these websites or the companies who own them.  Your dealings or communications through the website with any party other than Salisbury are solely between you and that third party. Third-party websites may have different privacy policies, terms and conditions, and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on such websites. If you decide to access and use third-party websites, you understand, acknowledge, and agree that you do so at your own risk.

LINKING POLICY
If you link to this website, we require that you follow these guidelines. The link to this website must not damage, dilute or tarnish the goodwill associated with any Salisbury names or any other intellectual property, nor may the link create the false appearance that your website or organization is sponsored by, endorsed by, affiliated or associated with Salisbury.  You agree that you will not link to the website from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate.  Under no circumstances may you "frame" this website or alter its intellectual property or content in any way.  Salisbury reserves the right, in its sole discretion, to terminate a link with any website that it deems inappropriate or inconsistent with the website or these Terms & Conditions.

INFORMATION YOU SUBMIT
Except as otherwise described in the Privacy Policy, below, or other agreement on the website, anything you submit to Salisbury through this website or otherwise (whether solicited or unsolicited), including, without limitation, any data, questions, comments or suggestions, is and will be treated as non-confidential and non-proprietary and we will not be liable for any use or disclosure.  When you submit information via the website, you irrevocably grant to Salisbury and its partners a non-exclusive, worldwide, royalty-free license, including, without limitation, all right, title and interest in your submissions, and including, without limitation, all patents, trademarks, service marks, trade names, trade identities, copyrights, trade secrets, logos, domain names, know-how, source code and object code, mask-work rights, inventions, moral rights, author’s rights, algorithms, rights in packaging, goodwill and other intellectual property and proprietary rights whatsoever in your submissions.  You further agree that Salisbury and its partners will have the unfettered right throughout the universe, in perpetuity, without any credit or compensation to you, to exploit, use, reuse, modify, alter, display, archive, publish, sub-license, perform, reproduce, disclose, transmit, broadcast, post, sell, translate, create derivative works of, distribute, for any purpose, including advertising, marketing, publicity and promotional purposes, any of your submissions or portions of your submissions and your name, voice, likeness and other identifying information, in any form, media, software or technology of any kind now known or developed in the future.  That use includes, without limitation, developing, manufacturing and marketing products using your submissions or portions of your submissions. You hereby waive any moral rights you may have in and to any of your submissions, even if such material is altered or changed in a manner not agreeable to you. You agree and understand that Salisbury and its partners are not obligated to review the information you submit through the websites or otherwise, and may alternatively choose to discard your submissions without any liability whatsoever.

The Internet may be subject to breaches of security. You should be aware that submissions over the Internet may not be secure, and you should consider this before submitting any information to Salisbury.

LIMITED WARRANTY FOR PRODUCTS MANUFACTURED BY SALISBURY
Salisbury warrants its products to be in compliance with their respective specifications and free from defects in materials and workmanship. Salisbury's only obligation under this limited warranty will be, at Salisbury's sole option, to repair or replace any part proving defective, or to refund the purchase price. THE PURCHASER / USER ASSUMES ALL OTHER RISKS, IF ANY, SUCH AS THE RISK OF ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT. THIS WARRANTY IS MADE IN LIEU OF THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND MAY NOT BE VARIED OR EXTENDED EXCEPT IN WRITING BY AN AUTHORIZED OFFICIAL OF SALISBURY.

GROUNDING CONFIGURATION/PRODUCT SPECIFICATIONS
In accepting your order, Salisbury makes no warranty, express or implied, as to the fitness of your selection of GROUNDING CONFIGURATION for any particular purpose and is not responsible for your choice of specification or any errors you may make in selecting those specifications. You acknowledge that use of GROUNDING CONFIGURATION not appropriate to the requirements of any particular job could result in serious injury or death. THE PURCHASER/USER ASSUMES ALL RISKS ASSOCIATED WITH ITS CHOICE OF GROUNDING CONFIGURATION AND ITS CHOICE OF SPECIFICATION OF PRODUCTS PURCHASED AND USED. SALISBURY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE ARISING OUT OF THE PURCHASER/USER'S SELECTION OF GROUNDING CONFIGURATION OR OTHER CHOICE OF PRODUCT SPECIFICATION.

OWNERSHIP
All content included on this website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, domain names, trademarks, service marks, trade dress, trade identities and software is the property of Salisbury or its content suppliers and is protected by U.S. and international copyright laws.  The collection, compilation, assembly and arrangement of all content on this website is the exclusive property of Salisbury and is protected by U.S. and international copyright laws. The website and its contents may only be used as permitted by Salisbury on the website; all other uses, including reproduction, modification, distribution, transmission, republication, display or performance of the content on this website without the express permission of Salisbury is strictly prohibited.

NO SCRAPING
This website and its contents are intended solely for personal, noncommercial use by you.  You may download, print and store selected portions of the website’s content if you:

(1) only use these copies of that content for your own personal, non–commercial use,
(2) do not copy or post that content on any network computer or broadcast the content in any media, and
(3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Salisbury reserves complete title and full intellectual property rights in any content you download from this website.

Except as noted above, you may not:
(1) collect or use any product listings, descriptions, or prices; any derivative of this website or its contents;
(2) download or copy account information for the benefit of any third party;
(3) use of data mining, robots, or similar data gathering or extraction tools; or
(4) copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content without first obtaining written permission from Salisbury. 

This permission does not include any resale or commercial use of this website or its contents;

This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Salisbury.

RESTRICTIONS ON USE
You agree not to:

• upload or transmit viruses, bugs, worms, Trojan horses or other harmful, disruptive or destructive files;
• transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party;
• post material that is false, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, disparaging (including disparaging of Salisbury), vulgar, obscene, pornographic, invasive of another’s privacy, or promotes violence, racial hatred, terrorism or illegal acts, is otherwise objectionable, or interferes with any third party's uninterrupted use and enjoyment of the website;
• impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the website or to Salisbury, including forging any TCP/IP packet header or any part of the header information in any transmission to the website for any reason;
• transmit or otherwise make available through the website any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes; or
• violate any applicable local, state, federal or international law, rule or regulation.

Copyright and Copyright Agent
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Salisbury's copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party;
(e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Salisbury’s copyright agent for notice of claims of copyright infringement on or regarding the websites can be reached as follows:

Jerry Olson, Salisbury's Vice President of Sales and Marketing
7520 N. Long Ave.
Skokie, IL 60077
877.406.4501
jerry.olson@whsalisbury.com

PRIVACY POLICY
Your use of the website indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Policy.  Please note that this Privacy Policy only covers information collection practices on the website and does not cover any information collected by us offline or elsewhere.

Information Collected
Certain features on this website may ask you to provide us with personally identifiable information, which is information that could reasonably be used to identify you personally (such as your name, address, or e-mail address).  You can choose not to provide certain information, but then you may not be able to take advantage of or participate in some or all of the website’s features.  This website is not directed to children under the age of 13, and we do not knowingly collect personally identifiable information from children under 13 years of age.  If we discover that a child younger than the age of 13 has provided this website with personally identifiable information, we will delete that child's personally identifiable information from our database.

In addition, when you visit or download information from this website, our web servers may automatically collect website usage information.  Website usage information is non-personally identifiable information that describes how our visitors use and navigate this website.  It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting the website, and IP address (see below for more information on IP addresses).  We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service.

Use of Internet Protocol ("IP") Addresses
An IP address is a number that’s automatically assigned to your computer or network when you are on the Internet.  When you request pages from this website, our servers log your IP address.  We may use IP addresses for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the website.  We may also use IP addresses in cooperation with internet service providers or law enforcement agencies to identify users if we deem it necessary to comply with law, to enforce compliance with this Privacy Policy or this website’s Terms of Use, or to protect the website or its users.

Use of Cookies and Web Beacons
Cookies are pieces of information that a website either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes.  We may use cookies for a number of purposes, such as to track site usage.  Salisbury does not save personally identifiable information in cookies, but we may link the cookie to any personally identifiable information or other information we collect.  Most browsers are initially set up to accept cookies.  You can reset your browser to refuse all cookies or to indicate when a cookie is being sent by indicating this in the preferences or options menu in your browser.  However, it is possible that some parts of this website will not operate correctly if you disable cookies and you may not be able to take advantage of or participate in certain features of this website.  You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

Our web pages or e-mails may contain a small graphic image called a web beacon (which is sometimes also called a "web bug" or "clear gif") and which allows the party that set the web beacon to monitor and collect certain limited information about the viewer of the web page or e-mail message (such as the type of browser downloading the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed, as well as the URL of the page the web beacon comes from).  Web beacons are typically very small (generally 1-by-1 pixel) and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail message, including an advertisement or HTML content, can act as a web beacon.  We may use web beacons for a number of purposes, such as to count visitors to our web pages or to monitor how our users navigate this website, and we may include web beacons in e-mails in order to count how many e-mails (or particular items within the e-mails) we sent were actually opened.

Use and Disclosure of Information Collected at the website
We may use your personally identifiable information to contact you, to answer a question or provide you with requested information, for internal business purposes, to contact you in our discretion regarding your use of the website or its content, or changes to our Terms of Use or Privacy Policy, or for other purposes disclosed at the time you submit your information.  We may also add the information you provide to our databases, subscriber lists, and contact lists.

Salisbury does not share the personally identifiable information collected through the website with third parties except as set forth below or elsewhere in this Privacy Policy:

In response to judicial, administrative or similar proceeding or order, such as subpoena, or a request from local, state or federal law enforcement officials or other governmental authorities conducting an investigation; 

With corporate affiliates of Salisbury and other groups or companies that offer products or services that we believe may be of interest to you;

When Salisbury employs third parties to perform functions on its behalf, which may include, without limitation, third party hosting companies, communication services (including e-mail), and data analysts. These third parties may have access to personally identifiable information in order to perform such services on Salisbury’s behalf; or 

In the event Salisbury merges with another business entity or has a similar corporate change.

We may also disclose non-personally identifying information, such as aggregated user statistics, to third parties.

Security
We use safeguards to help protect personally identifiable information we collect on this website from unauthorized access, use, modification or disclosure. However, due to the design of the Internet and other factors outside of our control, we cannot guarantee that your information or communications between you and our servers will be free from unauthorized access by third parties.

Consent to Transfer
This website is operated in the State of Illinois, in the United States. If you are located in Canada, the European Union or elsewhere outside of the United States, please be aware that any information you provide to Salisbury will be transferred to the United States. By using this website or providing Salisbury with your information you consent to this transfer.

Acceptance & Privacy Policy Changes
By using this website, you accept our privacy practices, as outlined in this Privacy Policy section of the Term & Conditions. We reserve the right to modify, alter or otherwise update this Privacy Policy at any time. We will post any new or revised policies on the website, but we will only use your personally identifiable information in accordance with the privacy policy that was in effect at the time it was collected, unless you consent to any new terms regarding its use.

ELECTRONIC COMMUNICATIONS
When you visit this website or send e-mails to Salisbury, you are communicating with us electronically.  You consent to receive communications from Salisbury electronically. Salisbury will communicate with you by e-mail or by posting notices on this website.  You agree that all agreements, notices, disclosures and other communications that Salisbury provides to you electronically satisfy any legal requirement that such communications be in writing.

TRADEMARKS
Salisbury's trademarks are denoted with the symbol "(tm)" and its registered trademarks with the symbol "(r)". These trademarks may not be used in any way, except by the express written permission of the company, or in any manner that is likely to cause confusion, dilute the company's marks, or in any manner that discredits the company.

CONTINUED USE OF THE SITE
You understand and agree that Salisbury will determine your compliance with these Terms & Conditions in its sole discretion.  Any violation of these Terms & Condition may result in restrictions on your access to all or part of the website and may be referred to law enforcement authorities.  Salisbury’s failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right.  No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.  Salisbury reserves the right, in its sole discretion, to modify or discontinue this website, or any portion of the website without notice to you or any third party.  Upon termination of your membership or access to the website, or upon demand by Salisbury, you must destroy all materials obtained from this website and all related documentation.

We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms. We will post any changes to these Terms on this website.  Your continued use of this website after the posting of any change in the Terms will constitute your acceptance to be bound by any such changes.

APPLICABLE LAW/FORUM SELECTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to its conflicts of laws provisions. Through the use of this site, User submits to the exclusive jurisdiction of the courts of the State of Illinois and of any United States courts located within that jurisdiction for purposes of any and all litigation arising out of the use of this site, or the purchase of any goods made through this site. User waives any objections to the forum of the State of Illinois for lack of venue, forum non conveniens, or any other jurisdictional basis.

The Effective Date of these Terms & Conditions and Privacy Policy is January 1, 2008.