Terms & Conditions

The terms and conditions of use contained in this Website Usage Agreement (“Agreement”) apply to any visitor or user (“User”) of the EaglePicher Commercial Power Solutions website http://www.epcompower.com/ and any linked websites (collectively referred to as the “Site”) that EaglePicher Commercial Power Solutions, Inc. or its divisions, affiliates, and subsidiaries (collectively referred to as “EaglePicher Commercial Power Solutions” or “Company”) own and control, and to the products, services, resources, information, data, specifications, photographs, text, audio, video and other content displayed on the Site (“Site Material”). By using the Site, User accepts the terms and conditions of this Agreement, which may be updated from time to time, and acknowledges receipt of the same.

The terms and conditions contained in this Agreement shall exclusively govern User’s use of the Site or any Site Material. EaglePicher Commercial Power Solutions hereby rejects any other terms and conditions that User may attempt to impose on the Company. If User does not agree with these terms and conditions, or any changes thereto, User must discontinue use of the Site immediately. The use of certain Site Material or the conduct of certain transactions on the Site may subject User to additional terms and conditions.

EaglePicher Commercial Power Solutions hereby grants User a non-exclusive, non-transferable license to access, use, display, and print the Site Material solely for User’s personal, internal, non-commercial use (“Use”), except as may be otherwise provided. User shall retain all copyright, trademark, proprietary information statements, and other notices in any copy that User makes of any Site Material. User shall maintain such notices in the same form and the same manner as they appear on the Site Material or on the Site. User shall not otherwise reproduce, modify, distribute, transmit, post, or publish the Site or any Site Material for any public, commercial, or other use without EaglePicher Commercial Power Solutions’ prior written consent. In the event that User provides this Site or any Site Material to any other individual or entity, User shall first provide such other individual or entity with notice of this Agreement and obtain that individual’s or entity’s acceptance of the terms and conditions contained in this Agreement.

Use of the Site Material is done at User’s own risk. User shall be solely responsible for any damage to User’s network, software or computer system, or any loss of data, or other damage that results from the use of the Site or the Site Material.

While using the Site, User shall not transit, post, publish, distribute, or use: (a) any false, misleading, indecent, obscene, libelous, or defamatory material; (b) any form of solicitation, including but not limited to, advertising and promotional material; (c) any material that may infringe the rights of EaglePicher Commercial Power Solutions or any third party, including but not limited to intellectual property, proprietary, or privacy rights; (d) any computer virus, worm, Trojan horse, or any other harmful software; (e) any EaglePicher Commercial Power Solutions hardware or software accessible through the Site, except as the Company may otherwise authorize; or (f) any false, fraudulent, deceptive or misleading means in order to gain, or attempt to gain, unauthorized access to EaglePicher Commercial Power Solutions' computers, software, data, accounts or databases.

The Site may include Site Material owned and/or operated by entities other than EaglePicher Commercial Power Solutions, as well as links to websites that such entities own or operate (“Third Party Site Material”). EaglePicher Commercial Power Solutions’ inclusion of Third Party Site Material on the Site is done solely for convenience, and by doing so, EaglePicher Commercial Power Solutions neither endorses any third party, nor or any Third Party Site Material. In addition, EaglePicher Commercial Power Solutions’ use of any Third Party Site Material does not mean, and shall not be construed to mean, that the Company is affiliated with or sponsors any entity that owns or operates any Third Party Site Material.

User’s access to and use of any Third Party Site Material shall be at User’s own risk, and EaglePicher Commercial Power Solutions assumes no responsibility for the accuracy or reliability of any information included or found in any such Third Party Site Material. EaglePicher Commercial Power Solutions grants no rights or licenses to User in any Third Party Site Material. User agrees to defend and hold EaglePicher Commercial Power Solutions harmless from any liability that may result from User’s use of any Third Party Site Material.

Any individual or entity wanting to link to EaglePicher Commercial Power Solutions’ Site must obtain EaglePicher Commercial Power Solutions’ prior written consent. However, EaglePicher Commercial Power Solutions consents to links in which: (a) the link is a text-only link containing only the name “EaglePicher Commercial Power Solutions, Inc.”; (b) the link connects only to the home page of the Site; (c) the link, when activated, displays the Site’s home page in a separate web page and not within a frame on the linked website; and (d) any aspect of the link does not create the false appearance that EaglePicher Commercial Power Solutions endorses, sponsors, or is affiliated or associated with the individual or entity providing the link; (e) do not damage, dilute, or infringe EaglePicher Commercial Power Solutions’ goodwill, reputation, or intellectual property rights. EaglePicher Commercial Power Solutions may revoke any consent to link at any time in its sole discretion.

This Site and the Site Materials contained therein contain EaglePicher Commercial Power Solutions intellectual property, and possibly, third party intellectual property. The Site and the Site Materials and are protected by United States and international copyright laws. Other laws and treaties may apply as well. User shall comply with all applicable laws and treaties.

Except as otherwise provided in this Agreement, EaglePicher Commercial Power Solutions grants no express or implied license or right to User under any patent, trademark, copyright, trade secret, or other intellectual property right of EaglePicher Commercial Power Solutions or of any third party.

“Eagle-Picher Commercial Power Solutions” and “EaglePicher Commercial Power Solutions” are trademarks of EaglePicher Commercial Power Solutions, Inc. Any trademarks, trade names, service marks, logos, domain names, URLs and other intellectual property displayed in the Site or provided in any Site Material are the respective property of EaglePicher Commercial Power Solutions or third parties, and EaglePicher Commercial Power Solutions grants no right to User to use any such intellectual property.

Some Site Material may include statements that relate to the Company’s future performance or projections, and can include, but are not limited to, statements regarding EaglePicher Commercial Power Solutions’ future financial performance, or EaglePicher Commercial Power Solutions’ future strategies or proposed business plans (or any other statement that comes within the meaning of the Private Securities Litigation Reform Act of 1995). User agrees that statements, which are not historical facts, including statements accompanied by words such as “anticipate,” “believe,” “expect,” “estimate,” “intend,” “project,” or “plan,” or variations of these words, and similar expressions, are “forward-looking statements.” User further agrees that such statements are only predictions about future events, that such statements are based on certain assumptions at the time the statement is made, that they are subject to a wide range of risks and uncertainties, and that actual events or results may differ materially from such predictions. User will place no reliance on any forward-looking statements on the Site. User may find in the Company’s filings with the Securities and Exchange Commission, information regarding factors that might cause actual results or events to differ from projections contained in any forward-looking statement. EaglePicher Commercial Power Solutions assumes no responsibility to provide updates to forward-looking statements after the date the statements are placed on the Site.

EaglePicher Commercial Power Solutions may periodically, in its sole discretion, modify and update the Site or any Site Material. However, EaglePicher Commercial Power Solutions may not necessarily update or modify this Site or any Site Material when errors or inaccuracies are discovered, or when new information becomes available. EaglePicher Commercial Power Solutions, therefore, assumes no responsibility for the accuracy or reliability of the Site or any Site Material. User understands that, because information may become stale or incomplete over time, User releases EaglePicher Commercial Power Solutions from any and all liability regarding such information.

The Site and the Site Material may be subject to U.S. export control laws and may also be subject to the laws of the country where User resides. User shall comply with all applicable laws, statutes, ordinances, and regulations regarding User’s use of the Site. EaglePicher Commercial Power Solutions makes no representation that the Site or the Site Material is appropriate or available for use in jurisdictions outside of the United States. User shall not access or attempt to access the Site or any Site Material from any country, territory, or jurisdiction where doing so is prohibited. If User so chooses to access this site from any prohibited location, User does so at User’s own risk

This Agreement, and any issue regarding the use of the Site or any Site Material, shall be governed, construed, interpreted, and enforced under the laws of the State of Arizona, United State of America, regardless of its conflict of laws provisions. In the event of litigation pertaining to this Agreement, the exclusive forum, venue and jurisdiction shall be in the State of Arizona, County of Maricopa, unless otherwise required by law.

IN NO EVENT SHALL EAGLEPICHER COMMERCIAL POWER SOLUTIONS, ITS AFFILIATES, OR SUBSIDIARIES, BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR REVENUES, BUSINESS INTERRUPTION, COSTS OF REPLACEMENT GOODS, AND LOSS OR DAMAGE OF INFORMATION OR DATA, SOFTWARE OR HARDWARE, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, ANY SITE MATERIAL, ANY FUNCTIONS OF THE SITE, ANY EAGLEPICHER COMMERCIAL POWER SOLUTIONS PRODUCT OR SERVICE, OR ANY OTHER LINKED WEBSITE, OR ANY OTHER DAMAGES RESULTING FROM THE USE OF OR RELIANCE ON THE SITE OR SITE MATERIAL, EVEN IF EAGLEPICHER COMMERCIAL POWER SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ALL SITE MATERIAL IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. EAGLEPICHER COMMERCIAL POWER SOLUTIONS DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, TITLE, NON-INFRINGEMENT, OR THOSE ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THE INTERNATIONAL CONVENTION FOR THE SALE OF GOODS, THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT ARE EXPRESSLY DISCLAIMED.

FURTHER, EAGE-PICHER MAKES NO WARRANTY THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION, THAT THE SITE OR ANY SITE MATERIALS CONTAINED HEREIN ARE FREE FROM DEFECTS, THAT THE COMPANY WILL TIMELY CORRECT ANY INTERRUPTIONS OR DEFECTS, OR THAT THE SITE OR ANY SITE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USER SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS EAGLEPICHER COMMERCIAL POWER SOLUTIONS, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, DIRECTORS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, DAMAGES, LIABILITIES, AND COSTS, OR OTHER EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE OR ANY SITE MATERIAL, ANY BREACH OF THIS AGREEMENT, ANY INTELLECTUAL PROPERTY RIGHT INFRINGEMENT BY USER, AND ANY OF USER’S SUBMISSIONS TO THE SITE.

This Agreement shall survive any termination, expiration, or discontinuation by User of this Site. EaglePicher Commercial Power Solutions reserves the right to terminate this Agreement at any time without notice.

In the event that User breaches any of the terms and conditions contained in this Agreement, EaglePicher Commercial Power Solutions may, without foregoing any other available rights or remedies, terminate User’s current and future use of the Site and the Site Materials. EaglePicher Commercial Power Solutions’ remedies are cumulative and in addition to all remedies otherwise legally available. EaglePicher Commercial Power Solutions may exercise its remedies either individually or cumulatively. EaglePicher Commercial Power Solutions’ remedies shall include, but not be limited to, direct, indirect, special, punitive, incidental and consequential damages, including, without limitation, any lost profits or revenues, business interruption, costs of replacement goods, and loss or damage of information or data, software or hardware. EaglePicher Commercial Power Solutions’ selection of any particular remedy, or its forbearance in exercising any remedy available to it, shall not constitute an election or waiver of any other remedy.

This Agreement constitutes the entire and exclusive understanding and agreement between EaglePicher Commercial Power Solutions and User.

This Agreement shall be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of User.

EaglePicher Commercial Power Solutions’ failure to either enforce at any time any provision contained in this Agreement or to exercise any right, privilege, or legal remedy, shall not be deemed a waiver of such provisions or right, remedy, or privilege

In the event that any provision of this Agreement may be invalid, unlawful or incapable of being enforced by a rule of law or public policy, all other provisions shall, nonetheless, remain in full force and effect.

Section headings are for the convenience only and shall not be used to construe or interpret the terms and conditions contained herein.