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Terms of Use

Updated July 2017

THESE TERMS OF USE ARE PROVIDED BY WEST VIRGINIA ELECTRIC SUPPLY COMPANY ("W.VA. ELECTRIC SUPPLY," "WE," "OUR," or "US") TO YOU GOVERN YOUR ACCESS TO AND USE OF WVSUPPLY.COM, WVLIGHT18.COM, WVPOWERSYSTEMS.COM, (“SITE" or “SITES”). PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS OF USE, YOU MUST EXIT THE WEBSITE IMMEDIATELY.

CHANGES TO THE TERMS OF USE

W.Va. Electric Supply reserves the right, at any time and without notice, to modify these Terms of Use by revising them on the website. By continuing to access or use the Website, you agree to be bound by the revised Terms of Use. You may not modify these Terms of Use except in a writing signed by W.Va. Electric Supply.

PERMITTED USE OF THE WEBSITE

The information and materials on the Website are provided for general informational purposes. You may use the site solely for the purpose of learning about and/or purchasing W.Va. Electric Supply services or products. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Website for any other purpose. You understand and agree that you are specifically prohibited from copying or displaying information or content from this website for redistribution to third parties for commercial purposes without the prior written permission of W.Va. Electric Supply.

USER SUBMITTED CONTENT

We may, from time to time, allow you to post content to the Website. W.Va. Electric Supply does not and cannot review all such content, and you remain solely responsible for such content. You will not submit any content that contains viruses, harmful computer code, or is illegal, false, misleading, defamatory, harassing, racist, biased, threatening or violates the rights of any party or which may otherwise give rise to liability or violate any law.

W.Va. Electric Supply reserves the right to block, remove or modify user submitted content for any reason, including if we believe it violates these Terms of Use or our policies.

THIRD-PARTY LINKS

W.Va. Electric Supply may link to sites operated by third parties. These links are available only for convenience and for no other purpose. W.Va. Electric Supply has no control over these linked sites and does not warrant or make any representation about the content, products or services on such third-party sites. W.Va. Electric Supply specifically disclaims any responsibility if such sites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.

A link to a third-party site on the Website does not constitute sponsorship, endorsement, approval or responsibility for any third-party site.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send emails to W.Va. Electric Supply, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

ADVERTISEMENT DISCLAIMER

W.Va. Electric Supply intends to have every advertised item in stock. However, availability may vary by location. W.Va. Electric Supply has made every effort to ensure the accuracy of this advertisement but please contact [email protected] or the branch nearest you in the case of a suspected error. W.Va. Electric Supply is not responsible for typographical or photographic errors.

PURCHASES

All purchases of products from W.Va. Electric Supply are subject to our standard credit approval process and our Standard Terms and Conditions of Sale ("Terms of Sale"). Any terms and conditions in any purchase order or other documentation that is not provided or otherwise approved in writing by W.Va. Electric Supply which are different from or in addition to the Terms are hereby rejected and of no effect.

SHIPPING & FREIGHT TERMS

Freight charges will apply unless otherwise agreed to by W.Va. Electric Supply. For special order, non-stock products, and factory direct orders, freight charges may apply regardless of shipping location. Not all cataloged items are stocked in every warehouse, therefore additional shipping time and charges may be required.

PAYMENT TERMS

For approved credit accounts, payments are due within 30 days of invoice date. Most major credit cards are accepted.

CLAIMS AND RETURN GOODS POLICY

W.Va. Electric Supply reserves the right to charge a restocking fee on returns for reasons other than defective merchandise or shipping errors. We carefully fill and pack every order. In the rare event an item is missing or received damaged, please call 1-800-624-3433. A Return Authorization number is required for any return. Please contact your local Branch or call 1-800-624-3433 for a Return Authorization number. W.Va. Electric Supply reserves the right to charge a restocking fee on returns.

SALES TAX

Unless a valid sales tax exemption certificate is provided in advance of the order, customers are responsible for all applicable state and local sales taxes.

PRODUCT SALES

Terms of product sales are FOB Shipping Point, when utilizing a common carrier for delivery. In the event that W.Va. Electric Supply delivers product to a customer (not common carrier) then title to the product passes to the customer upon delivery.

ERRORS

We do not warrant that product descriptions or other Website content is accurate, complete or error-free. Prices and promotions are subject to change. In the event that a service or product is mistakenly listed at an incorrect price or with incorrect specifications, W.Va. Electric Supply reserves the right to refuse or cancel any orders placed for product or service listed incorrectly.

DISCLAIMER - WARRANTY

THE WEBSITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE WEBSITE ARE PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, W.VA. ELECTRIC SUPPLY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

W.Va. Electric Supply does not represent or warrant that the functions contained in the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Website or the server that makes the Website available are free of viruses or other harmful components. W.Va. Electric Supply does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. W.Va. Electric Supply does not make any warranties or representations regarding the security of your personal information. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless W.Va. Electric Supply, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

LIMITATION OF LIABILITY

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. NEITHER W.VA. ELECTRIC SUPPLY, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

PRIVACY

W.Va. Electric Supply's Privacy Policy can be found below on this webpage, or by clicking here, and is incorporated and made part of these Terms of Use.

TRADEMARKS

We own W.Va. Electric Supply and other trademark and tradenames contained on the site related to our company. Other trademarks of the site for our suppliers, distributors, customers and other business partners are owned by those respective companies. These marks may not be used on any product or service without our consent or the consent of the respective trademark owner.

COPYRIGHT

Copyright © 2018, West Virginia Electric Supply Company. ALL RIGHTS RESERVED.

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of W.Va. Electric Supply or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Website is the exclusive property of W.Va. Electric Supply and protected by United States and international copyright laws. All software used on the Website is the property of W.Va. Electric Supply or its software suppliers and protected by United States and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the site.

COPYRIGHT COMPLAINTS

W.Va. Electric Supply respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at 1-800-624-3433.

EXPORT CONTROL

Software and other materials downloaded or otherwise made available from the Website may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Website may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders.

W.Va. Electric Supply does not authorize the downloading or exportation of any software or technical data from the Website to any jurisdiction prohibited by the United States Export Control Laws.

GOVERNING LAW AND JURISDICTION

These Terms of Use and your use of the Website are governed by the laws of the State of West Virginia, without regard to any conflict provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of West Virginia, County of Cabell.

ASSIGNMENT

This Terms of Use may not be assigned or transferred by you, but W.Va. Electric Supply may assign its rights and duties under these Terms of Use to any party at any time without notice to you.

QUESTIONS AND COMMENTS

If you have any questions or comments about the Website or these Terms of Use, please contact us by email at [email protected] or by mailing us at the following address:

W.Va. Electric Supply Inc. P.O. Box 6668, Huntington, WV 25773-6668

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