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These Terms Of Use comprise a contract that describes what you can expect from Advanced Battery Systems, Inc. (a MA Corp., a.k.a. ABS), and what ABS expects from you. By registering with ABS, you become a ABS member and are legally bound by this Agreement. There is no charge for becoming a member or using the service. This Agreement is subject to changes made by ABS at any time, and material changes are effective upon public notice to members as posted on this site. ABS will post such changes within this section of the website and users are responsible for rechecking this policy on a regular basis in order to update yourself on any changes in this Agreement.

LICENSE AND SITE ACCESS
ABS grants you a limited license to access the ABS Online Catalog and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of ABS. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, specifications, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of anyone or any company; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of ABS. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ABS and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing ABS's name or trademarks without the express written consent of ABS. Any unauthorized use terminates the permission or license granted by ABS. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the ABS web pages as long as the link does not portray ABS, its affiliates, or their products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ABS logo or any other proprietary graphic or trademark as part of the link without express written permission. You are solely responsible for retaining the confidentiality of your username and password. If you believe that the security of your username and/or password has been compromised, you must notify ABS. You will remain liable for any unauthorized use of the ABS services until ABS has been notified of any breach of security.

YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. ABS and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a email or other content. ABS reserves the right (but not the obligation) to remove or edit information known to be false or inaccurate.

PRODUCT DESCRIPTIONS
ABS and its affiliates attempt to be as accurate as possible. However, ABS does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product shown by ABS within the www.advanced-battery or www.batteryprice.com websites is not as described, your sole remedy is to contact us so we can investigate the alleged inaccurate information.

OTHER BUSINESSES
Companies associated with the battery industry have provided information for posting within this site. In addition, we provide links to the sites of affiliated companies for the purpose of providing additional technical information to the user. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of these businesses or individuals or the content of their Web sites. ABS does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY


THIS SITE IS PROVIDED BY ABS ON AN "AS IS" AND "AS AVAILABLE" BASIS. ABS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ABS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

ABS WILL NOT BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CLAIM OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF A PRODUCT, COST OF CAPITAL, COST OF SUBSTITUTED SERVICES OR PRODUCTS, DOWN-TIME COSTS, LABOR COSTS, OR CLAIMS OF CUSTOMERS.

ABS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM ABS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ABS 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.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
By visiting ABS, you agree that the laws of the state of Massachusetts, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and ABS, its affiliates, and/or the user.

DISPUTES
Any dispute relating in any way to your visit to the ABS websites or to products you research through www.advanced-battery.com or www.batteryprice.com, shall be submitted in confidence to ABS's President in Stoughton, Massachusetts, except that, to the extent you have in any manner violated or threatened to violate ABS's intellectual property rights, ABS may seek injunctive or other appropriate relief in any state or federal court in the state of Massachusetts, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to ABS. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS:

Advanced Battery Systems, Inc.
516 Bedford Street
East Bridgewater, MA 02333

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