Terms & Conditions

SAFETY ENVIRONMENTAL CONTROL, INC.

TERMS OF SERVICE

Safety Environmental Control, Inc. (“SECI,” “we,” “us,” or “our”) owns or licenses all right, title, and interest in and to this website (http://www.seci.com/default.asp) and all of its sub-domains (the “Website”).  We have established the following terms and conditions, including terms and conditions applicable to the purchase of products (the “Agreement”) with which you must comply when you access and view the Website.  All references to “you” or “your” refer to you and the entity on behalf of which you access or view the Website. 

By accessing and viewing the Website, you agree to the terms and conditions contained in this Agreement.  You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement, and you hereby accept this Agreement without limitation or qualification.  If you do not accept the terms and conditions of this Agreement, do not access or view the Website.

  1. MODIFICATIONS TO THIS AGREEMENT
    1. From time to time, SECI may without advance notice: (a) supplement or make changes to this Agreement and other rules, access and use procedures, documentation, security procedures, and standards for equipment related to the Website or (b) add, modify, or remove any content from the Website. All changes to the Agreement will be posted on this page and are effective as of the date they are posted. Accordingly, you should periodically visit this page to review the terms of this Agreement. Your access and viewing of the Website after a modification to this Agreement constitutes your acceptance of the modification. You should also review our Privacy Policy, the terms of which are incorporated herein by reference and made a part of this Agreement.
  2. OWNERSHIP
    1. SECI and its licensors own all information, text, reports, analyses, data, graphics, files, documents, images, sound recordings, audio and visual clips, interactive features, photographs, programs, applications, software, scripts, and any other content that you may access and view on the Website, as well as the collection, design, production, selection, layout, function, arrangement, and “look and feel” thereof (the “SECI Material”). We may incorporate third party software as part of the Website, and all such third party software is subject to additional terms provided by the third party licensor. The names, trademarks, logos, slogans, and taglines appearing on the Website (the “Trademarks”) are owned by or licensed to SECI and, if licensed, are used with permission of the owner. The Trademarks and the SECI Material are protected by trademark, copyright, and other intellectual property laws. You may not infringe upon the Trademarks or SECI Material in any way.
    2. You acknowledge and agree that all questions, comments, ideas, feedback, or other information provided by you to us (“Feedback”) are not confidential and that we may reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Feedback as it deems appropriate, for any and all commercial or non-commercial purposes, in our sole discretion. If you suggest any new features and/or functionality for the Website that we subsequently incorporates into the Website (or any other website, product or service of ours), you further acknowledge that (i) SECI shall own, and has all rights to use, such suggestions, and the Website (or any other website, product or service of ours) incorporating such new features and/or functionality shall be the sole and exclusive property of SECI and (ii) all such suggestions shall be free from any confidentiality restrictions that might otherwise be imposed upon SECI.
  3. YOUR LICENSE; USER ID
    1. SECI hereby grants you a limited, non-exclusive, revocable, non-transferable license to access and view the Website in accordance with the terms of this Agreement. This license does not give you any ownership or intellectual property interest in any SECI Material or the Trademarks. Other than as required to facilitate your permissible use, you may not reproduce, perform, publicly display, embed, create derivative works of, republish, upload, post, retransmit or redistribute in any way whatsoever any SECI Material. All rights not expressly granted to you under this Agreement are reserved by SECI.
    2. You may be assigned a unique user identification name and password for access to and use of the Website (“User ID”). You are solely responsible for ensuring the security and confidentiality of your User ID. You acknowledge that you will be fully responsible for all liabilities incurred through use of your User ID and that any interaction with the Website under your User ID will be deemed to have been performed by you. 
  4. SALES POLICY FOR PRODUCTS
    1. The prices displayed on the Website: (i) are offered only to our customers that do not have other pricing arrangements with us; (ii) are subject to this Agreement; (iii) are available for orders placed online, by phone, or in person; (iv) do not include freight, handling fees, taxes, and/or duties; and (v) are subject to change or correction at any time and without notice.  Customers with other pricing arrangements may view their pricing by logging into their account. SECI reserves the right, in our sole discretion, to offer any type of discount, including a volume discount, to customers. 
    2. Sales Tax; Duties, Import Fees. You are responsible for, and unconditionally guarantee payment and reimbursement to SECI of, all applicable U.S. federal, state and local taxes, as well as any applicable duties and/or import fees, or for providing a valid sales tax exemption certificate. When placing an order, you shall indicate which products are tax exempt.
    3. Payment and Credit Terms. SECI accepts most forms of payment. If you have established SECI credit, payment terms are net thirty (30) days from the date of invoice or shipment or pick-up of products. All credit extended by SECI and the limits of such credit, is at SECI’s sole discretion, and may be reduced or revoked by SECI at any time, for any reason. As a condition for the continued extension of credit, you agree to provide SECI with current credit information and the latest annual financial statement within five (5) business days following our request. SECI reserves the right to charge a convenience fee for late payments. SECI further reserves the right to charge you a late payment fee at the rate of two percent (2%) per month, not to exceed twenty-four percent (24%) per annum, or the amount of interest permissible under the law at the time such interest is charged, whichever is greater. Anticipation and cash discounts are not allowed. All payments must be made in U.S. dollars. SECI has the right of set-off and deduction for any sums owed by you to SECI. Additional terms applicable to your use of credit to purchase products on our Website are provided in the Business Credit Application & Agreement.
    4. Failure to Make Timely Payment. If you fail to make payment within thirty (30) days of shipment or pick-up, or fail to comply with SECI’s credit terms, or fails to supply adequate assurance of full performance to SECI within a reasonable time after requested by SECI (such time as specified in SECI’s request), SECI may defer shipments until such payment or compliance is made, require cash in advance for any further shipments, demand immediate payment of all amounts then owed, elect to pursue collection action (including without limitation, attorneys’ fees and any and all other associated costs of collection), and/or may, at its option, cancel all or any part of an unshipped order. If you fail to comply with these payment terms, SECI may, at its sole discretion, and without notice, immediately terminate any agreements it has with you. Upon such termination all amounts owed by you to SECI shall become immediately due and payable.
    5. Right to Change. SECI has the right, at any time and in its sole discretion, to immediately change the terms of any credit extended to you if: (i) there is a material change in your financial capability or creditworthiness; (ii) you enter into or sign an agreement regarding a Change of Control; or (iii) a trustee, receiver or examiner is appointed for your business r or its affiliates or subsidiaries or your business’s plan of reorganization is confirmed by a U.S. Bankruptcy Court. “Change of Control” means any (x) sale, lease, or other disposition of all or substantially all of your assets; (y) transaction or series of related transactions (by stock sale or otherwise) in which any person or entity becomes the beneficial owner, directly or indirectly, of more than 50% of your voting control; or (z) merger or consolidation involving you. Additionally, you, and each of its subsidiaries and affiliates, agrees to provide to SECI proper authorization necessary for SECI to request any financial information from third parties.
    6. Payment Guarantee. You hereby unconditionally guarantee payment as a primary obligor of, as provided herein, all purchases made by you, your subsidiaries and affiliates. Each of your subsidiaries and affiliates purchasing from SECI are jointly and severally liable for all purchases made by you and your subsidiaries, and you are also acting as agent for such subsidiaries and affiliates. You further agree to defend, indemnify and hold harmless SECI from any and all claims, injuries, damages, losses or suits, including, without limitation, attorneys’ fees and costs, arising out of, or in connection with any attempt to disgorge or recover payments to SECI made on behalf of you by a subsidiary and affiliate on the grounds that such payment was improper, unauthorized, or constituted a fraudulent transfer.
    7. Security Interest. You hereby grant to SECI a first priority purchase money security interest and/or chattel mortgage in the products and any accounts receivable or cash from resale thereof until full payment is made to SECI.  You agree to file, and you permit and authorize SECI to file, any financing statements or other appropriate documents with its governmental authorities to perfect the validity, priority, and enforceability of SECI’s lien or security interest.
  5. PRODUCT INFORMATION & WARRANTY POLICY
    1. Website & Product Literature Information. SECI is a distributor of products.  Information about the products on the SECI website, or any other product literature provided by SECI, is provided by the manufacturers and/or suppliers. Any product depictions are for illustrative purposes only. Possession of, or access to, any SECI literature or websites does not constitute the right to purchase products. SECI reserves the right to revise publishing errors on its website and literature, including any pricing or product availability errors. SECI further reserves the right, in its sole discretion, to cancel any and all orders resulting from such pricing or product availability errors, even if you have previously received an order confirmation from us.
    2. Third-Party Manufacturers. All products found on our Website have been manufactured by Third-Party Manufacturers (“Manufacturers”).  These products may be warranted by their respective Manufacturers against defects in workmanship and materials that arise during normal use. The Manufacturers have provided all statistical information found on the website. These statistics are reproduced solely for your information and convenience. SECI does not represent these statistics as being accurate. Determining the adequacy of any product for any intended purpose is your sole responsibility. In making that determination, you have not relied upon any warranty or representation made by SECI.
    3. Product Warranty Policy. We do not recognize the authority of any agent, employee or representative of SECI to bind us to any representation, affirmation of fact or warranty, expressed or implied. No warranty shall be created by any statement made on this Website or otherwise by SECI for the advertisement or promotion of any product. SECI makes no warranties of any kind. Any and all warranties, expressed or implied, including warranties of merchantability, fitness for a particular purpose, and noninfringement of intellectual property are hereby disclaimed by SECI. Any claim for consequential or incidental damages arising, directly or indirectly, out of or connected to the manufacture, sale, delivery or use of any product found on this Website shall in no event be SECI’s liability. In all events, SECI’s liability shall be limited to and shall not exceed the purchase price paid for the products by you.
    4. Product Substitution. Products and/or country of origin may be substituted and may not be identical to descriptions and/or images published on the website.
    5. Product Compliance and Suitability. Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. SECI does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations. It is your responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.
    6. Safety Data Sheets. Safety Data Sheets (“SDS”) for OSHA-defined hazardous substances are supplied by the manufacturers and/or suppliers. SECI MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY SDS. YOU ARE SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT.
    7. California Proposition 65. The State of California requires that certain warnings be given concerning products which contain chemicals subject to Proposition 65. A complete list of Proposition 65 regulated chemicals is available at oehha.ca.gov. For identification of products which contain a chemical subject to Proposition 65, please visit our website. Applicable Proposition 65 warning(s), are provided directly on our website product page and upon product purchase.
  6. USER INFORMATION
    1. You grant to SECI a non-exclusive license to copy, use and display any and all data, information or communications (including personally identifiable data) sent or entered by you while accessing the Website (“User Information”) to the extent necessary for SECI to operate the Website and to facilitate transactions initiated by you through the Website. You acknowledge that SECI exercises no control whatsoever over the content of the User Information and it is your sole responsibility, at your own expense, to provide the information, and to ensure that the information you transmit or receive complies with all applicable laws and regulations now in place or enacted in the future. SECI is under no obligation, however, to review User Information for accuracy, potential liability or for any other reason.
  7. ELECTRONIC COMMUNICATIONS
    1. By visiting the Website or otherwise communicating with us, you consent to receive electronic communications from us and 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. If, at any time, you wish to opt-out of receiving electronic communications, please contact us at the email address listed below. If you have provided us your telephone and/or fax number, then you expressly consent to receive marketing and/or non-marketing related communications at that telephone and/or fax number, including telephone calls, text messages, and faxes, as applicable.
  8. PROHIBITED ACTS
    1. The following is a non-exhaustive list of activities that are prohibited in connection with your access, viewing, and use of the Website:
      1. criminal or tortious activity, including, but not limited to, fraud, trafficking in obscene material, gambling, harassment, stalking, or spamming;
      2. uploading or distributing files that contain viruses, corrupted files or other software or programs that may damage the operation of the Website or computer systems of SECI and the Website’s users;
      3. web scraping, framing or utilizing framing techniques to enclose, or deep link to, any SECI Materials, the Trademarks or other proprietary information of SECI or its licensors;
      4. copying, decompiling, reverse engineering, disassembling, attempting to derive the source code, modifying, transcribing, storing, translating, selling, leasing, transferring, distributing or creating derivative works of the Website, the SECI Materials and/or the Trademarks;
      5. interfering with, disrupting or creating an undue burden on the Website;
      6. removing, altering or obscuring any Trademark or other proprietary notice or legend of SECI or its licensors contained in or on the Website and/or the SECI Materials;
      7. violating or attempting to violate the security of the Website or SECI’s computer systems or using the Website to violate the security of other websites by any method; and
      8. using the Website, the SECI Materials and/or the Trademarks in a manner inconsistent with this Agreement or applicable laws and regulations.
    2. SECI may take whatever remedial action it determines in its sole discretion is appropriate if you engage in any prohibited acts, including, but not limited to, immediate suspension or cancellation of your access to the Website. You agree that disputes arising from an alleged violation of this Agreement or any intellectual property rights may result in SECI suffering irreparable harm and that, in the event of such a dispute, SECI or its affiliates may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies.
  9. INTERNATIONAL USERS
    1. We operate the Website from the United States of America.  If you choose to access the Website from outside of the United States, you are responsible for complying with applicable local laws.
  10. LINKING
    1. Subject to the terms and conditions of this Agreement, you are permitted to link to our homepage for the Website. You may not link to the Website in a manner that may damage our reputation or take advantage of it or suggest an approval or endorsement without our prior written consent.  You may not establish a link from any website that is not owned by you.  You agree to cooperate with us in causing any unauthorized linking immediately to cease.  We reserve the right to withdraw linking permission without notice.
    2. The Website may contain links to independent third-party websites (“Linked Services”). We provide these Linked Services solely for your convenience and do not control or endorse any of them.  We are not and cannot be responsible for the content, security, or privacy policies of such Linked Services.
  11. VIOLATION OF THIS AGREEMENT
    1. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated or caused this Agreement to be violated or other agreements or guidelines associated with your use of the Website. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
    2. You agree that we may, in our sole discretion and without prior notice, terminate your access to the Website, including as a result of (i) requests by law enforcement or other government agencies, (ii) a request by you (self-initiated account deletions), (iii) discontinuance or material modification of the Website or any service offered on or through the Website, (iv) termination of the membership agreement or (v) unexpected technical issues or problems. We similarly reserve the right to do any of the following, at any time, without notice: (A) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason; (B) modify or change the Website, or any portion of the Website, and any applicable policies or terms; and (C) interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
    3. If we take any legal action against you due to your violation of this Agreement, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Website for any reason.
  12. DISCLAIMER OF WARRANTIES
    1. THE WEBSITE AND THE SECI MATERIAL ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND. SECI DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO THE WEBSITE AND THE SECI MATERIAL, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF ACCURACY, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE.
    2. SECI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE TRUTH, ACCURACY, COMPLETENESS, TIMELINESS, LEGALITY OR RELIABILITY OF ANY SECI MATERIAL. THE WEBSITE MAY CONTAIN INACCURATE OR OUT-OF-DATE INFORMATION OR TYPOGRAPHICAL OR SPELLING ERRORS. SECI RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES, STALENESS OR OMISSIONS; HOWEVER, SECI UNDERTAKES NO OBLIGATION TO UPDATE, AMEND OR CLARIFY THE WEBSITE OR ANY SECI MATERIAL, EXCEPT AS REQUIRED BY LAW. NO SPECIFIED UPDATE DATE APPLIED TO THE WEBSITE SHOULD BE TAKEN TO INDICATE THAT ALL CONTENT HAS BEEN MODIFIED OR UPDATED.
    3. SECI DOES NOT WARRANT THAT: (I) THE QUALITY OF THE WEBSITE OR THE SECI MATERIAL THAT YOU OBTAIN FROM SECI WILL SATISFY YOUR REQUIREMENTS OR MEET YOUR EXPECTATIONS, (II) THE WEBSITE WILL OPERATE UNINTERRUPTED AND ERROR-FREE OR (III) THE WEBSITE WILL BE FREE OF VIRUSES, WORMS OR OTHER HARMFUL MATERIAL. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THE WEBSITE. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR BACKING UP ALL YOUR DATA.
    4. SECI DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF THE INTERNET, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, MOBILE DEVICES, SOFTWARE OR FAILURE OF EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET, INCLUDING INJURY OR DAMAGE TO ANY COMPUTER OR MOBILE DEVICE RELATED TO OR RESULTING FROM THE WEBSITE.
    5. IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND VIEWING THE WEBSITE.
  13. LIMITATION OF LIABILITY
    1. YOU ACKNOWLEDGE THAT SECI IS OFFERING THE WEBSITE AS A PUBLIC SERVICE AND THAT YOU ARE ACCESSING AND VIEWING THE WEBSITE AND THE SECI MATERIAL AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SECI SHALL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE FOR ANY DAMAGES IN ANY WAY ARISING FROM OR RELATING TO YOUR RELIANCE UPON, YOUR USE OF OR INABILITY TO ACCESS OR VIEW THE WEBSITE OR THE SECI MATERIAL INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SECI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  14. INDEMNIFICATION
    1. You agree to defend, indemnify and hold harmless SECI and its owners, members, managers, trustees, officers, directors, employees, contractors, agents, advisors and independent contractors from and against any action, claim, demand, damages, liabilities, costs or expenses (including attorneys’ fees and court costs) arising out of: (a) your access, viewing or use of the Website, (ii) any conduct by you that actually or allegedly violates the terms of this Agreement, (iii) your actual or alleged infringement of the intellectual property rights of third parties or (iv) your actual or alleged failure to comply with any applicable laws and regulations.
  15. FORCE MAJEURE
    1. SECI shall not be in default or otherwise liable for any delay in or failure of its performance under this Agreement where such delay or failure arises by reason of any Act of God, epidemic, pandemic, any government or any governmental body, war, insurrection, acts of terrorism, pandemics, the elements, strikes or labor disputes, or other similar or dissimilar causes beyond SECI’s control. Certain obligations may require the cooperation of third parties outside the control of SECI. In the event such third parties fail to cooperate in a manner that reasonably permits the performance of SECI’s obligations, such failures shall be considered as causes beyond the control of SECI and shall not be the basis for a determination that SECI is in breach of any of its obligations under this Agreement or is otherwise liable.
  16. GENERAL PROVISIONS
    1. Relationship Between the Parties. This Agreement shall not be construed as creating any agency, partnership, joint venture or other similar legal relationship between you and SECI; nor will either party hold itself out as an agent, partner or joint venture party of the other party.
    2. Waiver. No waiver shall be implied from conduct or failure to enforce rights. No waiver shall be effective unless in a writing signed by all parties to be bound thereto.
    3. Governing Law. This Agreement and all claims arising out of, related to, or in any way associated with it shall be construed and governed in all respects according to the laws of the State of New Hampshire without regard to the conflict of law provisions thereof. Any cause of action or claim you may have with respect to the Website (including but not limited to the purchase of SECI products) must be commenced within one (1) year after the claim or cause of action arises. You specifically acknowledge and agree to the foregoing agreed upon statute of limitations.
    4. Arbitration. In the interest of resolving disputes between you and SECI in the most expedient and cost-effective manner, the sole venue and forum for any dispute arising out of, related to, or in any way associated with this Agreement shall be a binding Arbitration in New Hampshire. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. This Agreement to arbitrate disputes includes all claims arising out of or in any way related to this Agreement, SECI’s Privacy Policy, or your use of the Website, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement (each, a “Dispute”). YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SECI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION. YOU FURTHER UNDERSTAND THAT THESE DISPUTE RESOLUTION TERMS WILL APPLY TO YOU AND SECI UNLESS YOU CHOOSE TO OPT OUT PURSUANT TO THE BELOW. Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in this Agreement as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision. Nothing in this Agreement, including the paragraph directly above, will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim. You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by writing to info@seci.com. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes under New Hampshire law and irrevocably submit to the jurisdiction of New Hampshire state or federal courts. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and SECI will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
    5. Class Action Waiver. YOU AND SECI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING WHICH ARE NOT COVERED BY THIS SECTION 16. Further, unless both you and SECI agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
    6. Assignment. SECI may, at any time, in its sole discretion, and without notice to you, assign some or all of its rights and obligations under this Agreement. You may not assign your rights or delegate your duties under this Agreement without the prior written consent of SECI.
    7. Severability. If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability shall be deleted and shall not affect any other provision of this Agreement.
    8. Entire Agreement. This Agreement and the referenced Privacy Policy constitute the entire agreement between you and SECI with respect to your use of the Website. Any purported modification or amendment shall be void unless such modification or amendment was executed by original signature of SECI’s Chief Operating Officer
  17. CONTACT INFORMATION
    1. If you have questions or concerns with respect to this Agreement, please contact SECI by email to info@seci.com, by phone at (800) 543-4592, or by mail directed to P.O. Box 382, Keene, NH 03431

Last updated: April 22, 2020

 

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