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TERMS OF USE
BETWEEN USER AND ELECTROLUX CONSTRUCTION PRODUCTS

Electrolux Construction Products and its affiliates (Electrolux Construction Products) provide a website located on the Internet at http://www.TargetBlue.com (Site) that allows Users to find information about our company, its products and its services. Within this site Users will be able to search by keyword our catalog and parts lists. Users will have the ability to communicate electronically with our company. Users will also be able to use wizards to help them determine the best products to suit their particular needs. Also provided will be a large library of reference material covering many aspects of the industry.

Please read this Agreement (Agreement) carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by this Agreement. Electrolux Construction Products provides the information and services on this Site to you, the User, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions and notices.

Electrolux Construction Products assumes no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services or other material on the Site. While Electrolux Construction Products strives to keep the information and pricing on the Site accurate, complete and up-to-date, Electrolux Construction Products cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information and pricing.
PROPRIETARY RIGHTS
All materials on the Site (as well as the organization and layout of the Site) are owned and copyrighted or licensed by Electrolux Construction Products. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the written consent of Electrolux Construction Products.
UNLAWFUL OR PROHIBITED USES
You understand and agree that when using the Electrolux Construction Products Site, you will not do the following: (i) upload, post, email or otherwise transmit content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, libelous, invasive of privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) transmit and/or facilitate transmission of software and/or hardware viruses; codes, files or programs designed to interrupt, destroy or limit the operation and/or function of software, hardware and/or telecommunications equipment; (iv) transmit and/or facilitate the transmission of content that violates and/or infringes the confidentiality of work product; patent; trademark; trade secret; copyright; and/or proprietary rights of others; (v) falsely identify and/or represent who you are; (vi) manipulate or falsify your transmission to us and by that transmission cause us to incorrectly, inadvertently and/or unknowingly transmit information, of any kind, to an unauthorized person /or party, and/or (vii) collect or store data from us, without our prior written consent.

You may access, download and print materials on this Site for your own personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer or sell any information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of screen scraping or database scraping to obtain lists of users or other information. If and when requested by Electrolux Construction Products, you agree to provide true, accurate and complete user information and to refrain from impersonating or falsely representing your affiliation with any person or entity. Except with the written permission of Electrolux Construction Products, you agree to refrain from accessing or attempting to access password protected, secure or non-public areas of this Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
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DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE AND ANY SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. ELECTROLUX CONSTRUCTION PRODUCTS DOES NOT WARRANT OR REPRESENT THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE SITE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. ELECTROLUX CONSTRUCTION PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ELECTROLUX CONSTRUCTION PRODUCTS MAKES NO WARRANTY THAT (i) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE OR ANY SERVICE PROVIDED HEREIN (A SERVICE) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELECTROLUX CONSTRUCTION PRODUCTS OR THROUGH OR FROM THE SITE OR ANY SERVICE OFFERED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELECTROLUX CONSTRUCTION PRODUCTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELECTROLUX CONSTRUCTION PRODUCTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR ANY SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ANY SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR ANY SERVICE.

IN NO EVENT SHALL ELECTROLUX CONSTRUCTION PRODUCTS'S TOTAL LIABILITY TO YOU FOR DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING ELECTROLUX CONSTRUCTION PRODUCTS'S SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE ABOVE SECTIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Electrolux Construction Products from any liability, loss, claim and expense (including attorneys reasonable fees) related to your violation of this Agreement.
LINKS TO THIRD PARTY SITES
The Site may contain hyperlinks to websites operated by parties other than Electrolux Construction Products. Such hyperlinks are provided for your reference only. Electrolux Construction Products does not control such websites, and is not responsible for their content. Inclusion of hyperlinks by Electrolux Construction Products to such websites does not imply any endorsement of the material on such websites or any association with their operators, and you access and use such websites, including information, material, products and services therein, solely at your own risk. Furthermore, once linked to another website, you should read that website's privacy policy before disclosing any personal information.
LINKS TO THE SITE
You may only provide a hypertext link to the Site on another website provided that (a) the link must be a text only link clearly marked (e.g. “TargetBlue.com”); (b) the link must “point” to the “home page” URL (e.g. “TargetBlue.com”) and not to other pages within the Site; (c) the appearance, position, and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Site; (d) the appearance, position, and other aspects of the link may not create the false appearance that the linking page, its owner, or any other entity is associated with or sponsored by Electrolux Construction Products or the Site; and (e) the link, when activated by a user, must display the Site full screen and not within a “frame” on the linking website. Electrolux Construction Products reserves the right to revoke its consent to the link at any time in its sole discretion.
CROSS REFERENCE INFORMATION
Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are perfectly comparable. For critical applications, review specifications prior to purchase.
THIRD PARTY SERVICE PROVIDERS
Some of the services available through our Site may be provided by third parties who have their own privacy policies that may be different than ours. You should review the privacy policy of third parties before providing your personal information to them.
USE OF SUBMISSIONS
Postings to and communications with the Site are not private. You grant Electrolux Construction Products the unrestricted right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site (including your identity and information about you) for any purpose, including commercial uses, without compensation of any kind to the individual making the communication, and to authorize others to do so. Any information you submit to Electrolux Construction Products in any medium shall become the exclusive property of Electrolux Construction Products and shall not be returned to you.
USER IDENTIFICATION AND PASSWORD PROTECTION
Site User identification and passwords shall be maintained as personal and confidential. Transferring or sharing assigned user identification and password information is strictly prohibited. Any violation of this prohibition shall result in immediate termination of access to the Site as well as liability to Electrolux Construction Products for all damages resulting from such breach. It is your sole responsibility to protect the active password from unauthorized use. You will be responsible for any changes to your User identification and password.
CUSTOMER RESPONSIBILITY
YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF SITE PRODUCTS TO ACHIEVE INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OF SITE PRODUCTS OR ANY CONTENT RETRIEVED THROUGH THE SITE, INCLUDING THOSE TO ANY THIRD PARTY, FOR THE CONTENT, ACCURACY, AND REVIEW OF SUCH RESULTS.
TERMS OF PURCHASE
The Terms of Purchase contain Electrolux Construction Products's conditions of sale. Placement of an order shall be deemed acceptance of the Terms of Purchase. All prices on our Site are subject to change without notice. If a price of a product on the Site does not reflect the current Electrolux Construction Products price, Electrolux Construction Products will notify the Customer of the change in price prior to shipping the product. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by Electrolux Construction Products.
TRADEMARKS
This Site contains many Electrolux Construction Products logos, trademarks and service marks (“Marks”). All Marks are the property of Electrolux Construction Products. All rights in the intellectual property contained in this Site including copyright, trademarks, trade secret and patent rights are reserved. Access to this Site does not constitute a right to copy or use any of the intellectual property of Electrolux Construction Products. Without the prior written consent of Electrolux Construction Products, you agree not to display or use in any manner, the Marks.
CHANGES TO SITE
Electrolux Construction Products may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site, at any time without notice. Electrolux Construction Products may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

The information and services offered on the Site are provided with the understanding that neither Electrolux Construction Products or Users are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
FOREIGN CORRUPT PRACTICES ACT
Purchaser acknowledges that it is not the agent of Electrolux Construction Products and represents and warrants that it has not and covenants that it will not pay anything of value to any government employee in connection with the resale of the products.
GOVERNING LAW; LIMITATIONS
This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of the State of Kansas, United States of America, without giving effect to any principles of conflicts of law. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Failure by Electrolux Construction Products to insist upon strict enforcement of any provisions of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between Electrolux Construction Products and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Johnson County, State of Kansas. All other trademarks are the property of their respective owners.

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