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| Please read these terms and conditions (the "Terms") carefully
before using the Esys® The Energy Control Company™ Web Site ("Site").
By using the Site you signify your consent to these Terms. If you
do not agree to the Terms please do not use the Site. The Terms addresses
your legal rights and obligations and includes important disclaimers
and choice of law and forum provisions. Please read carefully. The
Terms apply to all web sites of the Esys® The Energy Control Company™
Group, including sites for registered users. |
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| OWNERSHIP OF THE SITE |
| The Site is owned and operated by Esys® The Energy Control Company™.
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| USE LICENSE |
| Please feel free to browse through the Site. Esys® The Energy Control Company™ grants you permission to view this Site and to print or download
material displayed on the Site for your own personal, non-commercial
use, provided that without reservation whatsoever you agree to and
accept the terms and conditions set forth in this agreement and provided
that you respect all orders and notices regarding copyright, trademark
and other ownership. You must not, however, without prior consent
in writing from Esys® The Energy Control Company™ in any way copy, reproduce,
upload, reforward or distribute the contents of this Site, including
text, images, audio and video for public or commercial purposes. Likewise,
you must not place the contents from this Site in frames of any third
party's sites (ban on framing). Your use of this Site constitutes
your agreement and acceptance without modification of the notices,
terms and conditions set forth herein. In addition as a condition
of your use of this Site, you represent and warrant to Esys® The Energy Control Company™ that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
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| USER SUBMISSIONS |
| Any communication or material that you might send to the Site by
e-mail or otherwise is, and will be treated as non-confidential and
non-proprietary information. Esys® The Energy Control Company™ may use
anything you send for any purpose. You are prohibited in any form
from sending or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, or pornographic material or any other
material violating the law. |
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| LINKS TO THIRD PARTY SITES |
| Esys® The Energy Control Company™ may provide hyperlinks to third
party sites. The linked sites are not under the control of Esys® The Energy Control Company™ and in no way is Esys® The Energy Control Company™
responsible for the contents of any such linked site or for the contents
of any site linked to such linked site. Esys® The Energy Control Company™
does not sanction companies or products to which it may provide hyperlinks,
and Esys® The Energy Control Company™ reserves the right to express
that on its Site. Esys® The Energy Control Company™ reserves the unilateral
right to delete any link or linking program at any time. If you decide
to access any of the third party sites linked to this Site, you do
so at your own risk. Third parties may only provide hyperlinks to
the Esys® The Energy Control Company™ main homepage. Any links to underlying
sites require prior consent in writing from Esys® The Energy Control Company™. |
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| CONTENTS |
| Esys® The Energy Control Company™ takes great care in creating and
maintaining this Site, and in providing accurate and up-to-date content
such as, but not limited to, price quotations and product descriptions.
However, the content of this Site is subject to frequent modifications
without prior notice. Therefore, Esys® The Energy Control Company™ does
not guarantee the correct and actual status of said content. The visitors
to the Site accept Esys® The Energy Control Company™' exoneration of
any liability whatsoever for the content of the Site, the software
on the Site or for any use made of it. |
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| INTELLECTUAL PROPERTY |
| The texts, layout, drawings, databases and other items on this Site,
as well as the Site itself, are protected by copyright and by the
right of the producer of the database. Some of the names, signs and
logos on this Site are protected trademarks or trade names. Nothing
contained on the Site should be construed as granting any license
or right to use any trademark, displayed on the Site without the written
permission from Esys® The Energy Control Company™ or such third party
that may own the trademarks displayed on the Site. Any copy, adaptation,
translation, arrangement, modification, or any use whatsoever of the
whole or of any part of this Site of its protected elements, in any
form and by any means, is strictly prohibited. |
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| DATA PROTECTION |
| Esys® The Energy Control Company™ collects and processes information
on the behavior of the users of this Site for statistical and marketing
purposes. The user has the right to oppose, free of charge, the processing
for marketing purposes of the data concerning him, and has the right
to access personal data and correct such data. For more information
regarding the data that Esys® The Energy Control Company™ collects and
the measures Esys® The Energy Control Company™ takes to protect the
privacy of its user data please refer to the Esys® The Energy Control Company™ Privacy Policy. |
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| LIABILITY |
| Your use of and your browsing through this Site are at your own
risk. Esys® The Energy Control Company™ does not warrant that the software
used on this Site, that the information, the on-line applications,
or any other services provided by means of this Site are error-free,
or that the use of them will be uninterrupted. Esys® The Energy Control Company™ expressly disclaims any liability related to the above including
without limitation liability for accuracy, operationability, marketability
and suitability for particular purposes. Anything to the contrary
on this Site notwithstanding, Esys® The Energy Control Company™ shall
under no circumstances be liable for any loss of profits, revenues,
indirect, special, incidental, consequential or any similar form of
damage arising out of or in connection with this Site or out of the
use of any of the services mentioned on this Site. |
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| DISCLAIMER |
| MATERIAL AND CONTENTS ON THIS SITE ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES
OF AN ARTICLE BEING MARKETABLE, WITHOUT INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE. UNDER
NO CIRCUMSTANCES SHALL Esys® The Energy Control Company™ BE LIABLE FOR
ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS
OF PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL LOSS, LOSS OF INFORMATION)
ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE THE MATERIAL.
THIS APPLIES EVEN THOUGH Esys® The Energy Control Company™ HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LIABILITY TO PAY DAMAGES. As some
jurisdictions prohibit the exclusion or limitation of liability for
consequential and or accidental damage, the above limitation may not
apply to you. Furthermore, Esys® The Energy Control Company™ does not
warrant the correctness or completeness of information under linked
websites made available by third parties. |
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| PRODUCT ORDERS |
| While Esys® The Energy Control Company™ will use its best efforts
to fulfill all orders, Esys® The Energy Control Company™ cannot guarantee
the availability of any particular product displayed on this Site.
Esys® The Energy Control Company™ reserves the right to discontinue
the sale of any product listed on this Site at any time without notice. |
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| UPDATES |
| Esys® The Energy Control Company™ reserves the unilateral right to
update, modify, change and alter its Terms and Privacy Policy at any
time. All such updates, modifications, changes and alterations are
binding on all users and browsers of the Esys® The Energy Control Company™
Site and will be posted here. |
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| SOFTWARE LICENSES |
| You shall have no rights to the proprietary software and related
documentation, or any enhancements or modifications thereto, which
may be provided to you in order to access specified areas within the
Site. You may not sublicense, assign or transfer any licenses granted
by Esys® The Energy Control Company™, and any attempt at such sublicense,
assignment or transfer shall be null and void. You may not otherwise
copy, distribute, modify, reverse engineer, or create derivative works
from such software. |
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| APPLICABLE LAW AND VENUE |
This Site resides on a server in San Jose and Fremont, California.
You accept that these Terms and your use of this Site are governed
by the laws of California and the United States in force at any time.
You hereby accept the exclusive jurisdiction and venue of the courts,
agencies and other organizations to hear disputes in California in
any dispute (a) arising out of, relating to, or concerning this Site
and/or these Terms, in which (b) this Site and/or these Terms is/are
a point at issue or a material fact, or in which (c) this Site and/or
these Terms is/are referred to, is/are mentioned in a document filed
in a court, arbitration tribunal, agency or other organization to
hear disputes. Esys® The Energy Control Company™ has endeavored to comply
with all legal requirements known to Esys® The Energy Control Company™
in creating and maintaining this Site, but Esys® The Energy Control Company™ does not warrant that material on this Site is appropriate
or available for use in any particular jurisdiction. You yourself
are responsible for compliance with prevailing statutory law. Any
use in contravention of this provision or any provision of these Terms
is for your own account and risk. If parts of these Terms are invalid
or unenforceable under prevailing statutory law, such invalid or unenforceable
provisions will be deemed superseded by valid, enforceable provisions
that come closest to matching the intent of the original provisions
and the remainder of these Terms shall govern such use.
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