Website Terms & Conditions of Use
The terms and conditions provided below govern your use of pomeroy.com and its features, including the store, the Client Access Portal, and the Client Reporting Portal, as well as any other publicly-accessible website operated by Pomeroy Technologies, LLC (“Pomeroy”) (the “Website”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.
Pomeroy reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.
- Use of the Website. You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of Pomeroy or any third party. You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use. You agree not to alter or modify, or attempt to alter or modify, any part of the Website. Pomeroy may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but Pomeroy is under no obligation to do so and we do not assume any responsibility or liability arising from same. You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of Pomeroy’s customers. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
- User Submissions to the Website. Any communication which you post or submit to the Website is considered to be non-confidential and in the public domain. By posting communications to the Website, you automatically grant Pomeroy a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
- User Accounts and Security. As a user of the Website, you may receive or establish an account in order to place orders, manage your account, or take other actions available to account holders (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify Pomeroy of any unauthorized use of your Account or any other breach of security. Pomeroy shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.
- Agreement to Pay. You agree to pay for all products and services you purchase through the Website. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND CHARGES AND FOR PROVIDING VALID PAYMENT INFORMATION.
- Right to Change Prices and Availability of Products. Prices and availability of products or services are subject to change at any time at Pomeroy’s sole discretion.
- Electronic Signatures and Contracts. Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
- Limit on Liability. The material on the Website may contain inaccuracies or typographical or other errors. Pomeroy makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.POMEROY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, POMEROY IS NOT RESPONSIBLE FOR THOSE COSTS.The website and its content are delivered on an “as-is” basis. Pomeroy reserves the right to change or discontinue any or all content or features of the website or services offered through the website without notice.POMEROY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY USE OF THE WEBSITE, YOU AGREE THAT POMEROY WILL NOT BE LIABLE FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE OR SERVICE OFFERED THROUGH THE WEBSITE.
Pomeroy makes no warranty that the use of material or content displayed on this website will not infringe upon the rights of third parties neither owned by nor affiliated with Pomeroy.
- Typographical Errors Disclaimer and Limitation of Liability. In the event a Pomeroy product or service is listed at an incorrect price, Pomeroy shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Pomeroy shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.
- Disclaimer of Damages. IN NO EVENT SHALL POMEROY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT POMEROY IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF POMEROY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID POMEROY TO USE THE WEBSITE OR ITS SERVICES.Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.
- Indemnity. You agree to indemnify, defend and hold harmless Pomeroy, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.
- Copyrights and Trademarks. Our website is owned and operated by us. Unless otherwise specified, our website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of Pomeroy. The copyright and other proprietary rights and interests in all of this information are owned by us, our affiliates or someone who has granted us a license to use the information or materials. You may view, download, print and retain a copy of pages of our website only for your personal use. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our website in whole or in part without our prior written consent. Requests for any such consent should be directed to firstname.lastname@example.org.The trademarks, service marks, and logos displayed on our website are registered and common-law trademarks of Pomeroy, and others. No license or right to use any trademark contained on our website is granted to you and any use of any such mark contained on this website is expressly prohibited unless you obtain the prior written authorization to use such mark from us or such other third party holder of the mark. If you have a specific question related to the marks on our website or a request for the use of such marks, please direct your inquires to us via e-mail email@example.com or by telephone to 859-586-0600.
- Third Party Websites. The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by Pomeroy. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with Pomeroy, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.
- Termination. If you fail, or if Pomeroy suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, Pomeroy, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof).Pomeroy reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and Pomeroy will not be liable to you or to any third party should it exercise such rights.
- Export Control. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
- Governing Law. These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to Hebron, Kentucky, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens.
- Dispute Resolution. Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
- Contact/Address for Legal Notice. All questions, comments and legal notices should be submitted to:
General Counsel – Pomeroy
1020 Petersburg Road
Hebron, Kentucky 41048
Last revised: January, 2020