TERMS AND CONDITIONS OF USE
Terms and conditions for use for world wide web sites owned, operated or controlled by S.P.E.P. Acquisition Corp., d.b.a. Sierra Pacific Engineering and Products (“SPEP”).

PLEASE READ CAREFULLY

By accessing, browsing and/or using the pages in the SPEP Site owned, operated or controlled by SPEP you agree to the terms and conditions set forth here. If you do not agree, you should not use the SPEP Site. If you are currently a party to a separate, written agreement with SPEP that has terms that are inconsistent with these Terms and Conditions of Use, the terms of that Agreement will apply to matters that are within the scope of the Agreement.

COPYRIGHT

All content included on the SPEP Site, such as text, graphics, logos, button icons, images, product designs, digital downloads, data compilations, and software is the property of SPEP, or their content suppliers and is protected by United States and international copyright laws. The compilation of all content on the SPEP Site is the exclusive property of SPEP (and is protected by United States and international copyright laws.

USE

Viewing the SPEP Site creates a copy of SPEP materials in your computer's random access memory and/or in your hard drive and/or in your proxy server. You are hereby permitted to view this site and to print pages for your own personal, noncommercial use, provided that you do not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, printouts or services from the SPEP Site. The materials published on SPEP Site may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of SPEP. However, provided all copyright, trademark and proprietary rights notices are retained, users may download SPEP Site content solely for the purpose of the selection and purchase of SPEP products. Any unauthorized usage may violate copyright laws, trademark laws, laws of privacy and publicity. SPEP does not warrant or represent that use of SPEP Site content will not infringe rights of third parties.

TRADEMARKS

The trademarks, service marks and logos (the “Trademarks”) used and displayed on the SPEP Site are Trademarks of SPEP, and others. Nothing on any SPEP Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the site without the prior written consent of the Trademark owner. “Sierra Pacific Engineering and Products”, “SPEP” and “SPEP.COM” are some of the trademarks owned by SPEP ("SPEP Trademarks"). SPEP Trademarks may not be used in connection with any product or service that is not manufactured by or under license from SPEP.

LINKS

The SPEP Site may include links to other sites that contain information created, published, maintained or otherwise posted by organizations independent of SPEP. SPEP provides these links only as a convenience, and does not endorse, approve, certify, maintain or control these external sites and does not guarantee the accuracy, completeness, efficacy, timeliness or correct sequencing of information located at such sites. SPEP reserves the right to remove these links at any time and without notice. SPEP requires third parties to obtain SPEP's written permission prior to linking to the SPEP Site. If permission is given, such links may not, however, include frames or other features that distort, mischaracterize or misrepresent the source or ownership of materials on the SPEP Site or disparage or are otherwise detrimental to SPEP. Furthermore, SPEP assumes no responsibility for the content of sites that include links to the SPEP Site, and makes no warranties or representations whatsoever with respect to such sites. No materials may be posted on the SPEP Site without the express written permission of SPEP.

DISCLOSURES OF INFORMATION

It is not the intention of SPEP to knowingly take the proprietary information of any third party. However, any information or materials contained in communications transmitted to SPEP by electronic mail or otherwise methods of communications will be treated as non-confidential and non-proprietary. The discloser of such information or materials agrees that it may be freely used for any purpose by SPEP in its discretion. The same applies to ideas, concepts, know-how or techniques or any other information contained in any communication sent to SPEP, which SPEP is free to use for any purpose including but not limited to designing, inventing, manufacturing and marketing products.

LEGAL USES

You may use the SPEP Site only for lawful purposes, and are strictly prohibited from posting on or transmitting through the SPEP Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, harassing, pornographic, profane, hateful, racially, ethnically or otherwise objectionable material of any kind or material that constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise violates any law or contains material which infringes upon copyright, trademark right or other intellectual property right of any third party.

PRODUCTS AND PRICING

To the extent that products are sold through the SPEP Site, such product sales are subject to the then existing Terms and Conditions of Sale of SPEP Terms and Conditions of Sale, product prices, configurations and availability are subject to change at any time by SPEP.

DISCLAIMER

THE MATERIAL IN THE SPEP SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. SPEP MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS IN THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. SPEP DISCLAIMS ALL WARRANTIES AND CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPEP DOES NOT WARRANT THE AVAILABILITY OF THE SPEP SITE, THAT THE SPEP SITE AND YOUR USE OF THE SPEP SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SPEP SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS. SPEP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SPEP SITE AND/OR THE MATERIALS IN THE SPEP SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.

APPLICABLE LAW

By visiting the SPEP Site, you agree that the laws of the State of California, United States of America, without regard to conflict of law principals that would dictate selection of another jurisdiction's laws, will apply to these Terms and Conditions of Use and any dispute of any sort that may arise between you and SPEP.

DISPUTES

Any dispute at law or in equity between you and SPEP concerning the SPEP Site or the materials located at the SPEP Site shall be filed only in the State and Federal courts located in Los Angeles Country, California, and you hereby consent and submit to the personal jurisdiction of such courts for purposes of litigating any such action. In any such lawsuit, the prevailing party shall be entitled to recover as an element of costs of suit, with reasonable attorney fees as fixed by the court. The “prevailing party” shall be the party who is entitled to recover its costs of suit, whether suit proceeds to final judgement. The party not entitled to recover its costs shall not recover attorney fees. The provisions of these Terms and Conditions of Use are independent of and separate from each other, and no provision shall be affected or rendered invalid because any other provision may be invalid or unenforceable in whole or in part for any reason.

MODIFICATION TO TERMS AND CONDITIONS

SPEP can revise the Terms and Conditions at any time by modifying or updating this posting. Your use of the SPEP Site on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

SEVERABILITY

If any of these terms and conditions is deemed invalid, void or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms and conditions.

PRIVACY POLICY

SPEP is dedicated to protecting the privacy of user's information which may be posted to the site. The following policy governs SPEP's collection and use of user information through the SPEP web site.

SPEP does not collect personally-identifying information about a user except when knowingly and willfully provided by the user. Information requested will be used solely to permit SPEP to contact and provide web site users with catalogues, to permit service and user support by SPEP and otherwise enhance customer support. Any information you send SPEP will only be used to help us offer you better services and enhanced customer support, and will not be used in ways to which you have not consented. SPEP will not give, sell, rent, or trade your personal information to third parties, except that it may share personal information with our business partners in order to facilitate your purchase, the process of servicing your products, to help you exchange your products, and in general to better serve you.

We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses our web site. We also receive and store any information you enter on our web site or give to us in any other way. Our web servers may automatically monitor the number of visitors, the average time spent on the site, the popularity of our web sites, and any programming errors or failures on any of our web sites in order to determine the effectiveness of the SPEP web site.

SPEP may occasionally contact you to inquire about your satisfaction with SPEP products and services.

SPEP may also receive information about you from other sources and add it to our account information. SPEP also sometimes receive updated delivery and address information from our shippers or other sources so that we can correct our records and deliver your next purchase or communication more easily. SPEP may share aggregate data about our sales, customers, traffic patterns, and other related site information with respectable third parties. However, none of this data is related to any individual’s name without their consent.

Lastly, to help guard against unauthorized interception of information you send us, SPEP uses Secure Sockets Layer (SSL) encryption.