Your access to and use of this site is subject to the following Terms and Conditions. Please read these Terms and Conditions carefully before accessing or using the site, so that you fully understand your rights and responsibilities.
BY ACCESSING OR USING THE SITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS AND CONDITIONS.
Azbil North America reserves the right to change these Terms and Conditions at any time. If we decide to change the Terms and Conditions, we will post any changes on this website. Any such changes shall be effective upon posting on the website. By accessing the site following the posting of changes to the Terms and Conditions, you agree to all such changes.
These Terms and Conditions are agreed to by and between you and Azbil North America, Inc.., an Arizona corporation ("Azbil North America"). In consideration of your use of and access to this web site, and the promises and obligations in these Terms and Conditions, and Intending to be legally bound, you and Azbil North America hereby agree to all of the terms and conditions of these Terms and Conditions.
These Terms and Conditions describe the terms and conditions under which Azbil North America welcomes you to this site. Please read the Terms and Conditions carefully so that you fully understand your rights and responsibilities.
All copyrightable text, audio, video, graphics, charts, photographs and icons, design, selection, and arrangement of content in any medium on this site is copyrighted by Azbil North America, unless otherwise noted. The distinctive and original layout and presentation of this site also constitutes protect able trade dress under applicable federal law. In addition, many proprietary names and marks belonging to Azbil North America or Its affiliates appear throughout this site, including, for example and without limitation, Azbil North America, Yamatake, and many other names and marks that are the sole property of Azbil North America or its affiliates. This site may also contain references to third-party marks, which are the property of their respective owners. If you have any questions regarding a specific mark or any other Azbil North America intellectual property, please contact Azbil North America at 9033 North 24th Avenue, Suite 6, Phoenix, AZ, phone 602-216-8199, fax 408-235-8990, email firstname.lastname@example.org Any unauthorized use of any of Azbil North America's marks, or of its copyrighted material or trade dress or any other intellectual property, is strictly prohibited, and will be prosecuted to the fullest extent that the law provides.
Use of This Site
Permission is granted to download this site's content and to print a single hard copy for the user's use only. You may not otherwise use, copy, modify, distribute, republish or transmit any of the content or materials of this site without the written permission of Azbil North America.
You understand and expressly agree that use of this site is at your own risk, that any material or data downloaded or otherwise obtained through the use of the site or by virtue of interaction with other users is at your own discretion and risk, and that you are solely responsible for any damage to your computer system or loss of data that results from the download of such material or data, and for any other form of damage that may be incurred. Azbil North America shall not be liable to users for any damage resulting from use of the site, nor is Azbil North America in any way responsible for the conduct of users, or information exchanged on the site.
Although Azbil North America endeavors to provide accurate Information, this site is intended to be for general reference purposes only. Azbil North America makes no guarantees with respect to any Information provided on the site, and disclaims any warranties with respect to the accuracy of such information or other material on the site.
You shall not, and shall not allow any third party to, (i) translate, reverse engineer, decompile, disassemble, modify or reproduce any software or other material on or accessible through this site (collectively the "Software"), in whole or in part, or otherwise attempt to discover the source code, or prepare derivative works based upon the Software; (ii) develop passwords and/or logins other than passwords and logins issued to you by Azbil North America, or attempt to determine how the passwords and logins are defined, or otherwise attempt to defeat any passwords or logins; or (iii) distribute, sublicense, rent, lease, assign or otherwise transfer the Software, in whole or in part, to any third party, or use the Software on behalf of any third party, including without limitation for any dial-up, remote access, interactive, Internet-based or other on-line service.
This site is provided by Azbil North America on an "as is" basis. Azbil North America disclaims all warranties with respect to this website, and to any Information or products or services available on this website, Including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. Azbil North America also makes no warranty or representation regarding the results that may be obtained from this site, or regarding the accuracy or reliability of any Information obtained from the site, or that its services will meet any user's requirements, be uninterrupted, timely, secure or error free. Azbil North America shall have no responsibility for the timeliness, deletion, miss delivery or failure to store any user communications.
No advice or information, whether oral or written, obtained by you from Azbil North America or any of its affiliates, or in any other manner through this site or online service, shall create any warranty.
In no event shall Azbil North America or any of its affiliates, officers, directors, employees, consultants or agents be liable for any direct, indirect, punitive, special, incidental, or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data, information, profits or business interruption, arising out of or in any way related to the use or performance of this web site or any linked site, to any information or products or anything else obtained through this site, or otherwise arising out of the use of this site, or to the inability to use the site, whether based in tort, contract, negligence, strict liability or otherwise, even if Azbil North America has been advised of the possibility of damages. Your sole and exclusive remedy Is to discontinue using this web site.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you.
AZBIL NORTH AMERICA INDEMNIFIED
You agree to indemnify, defend and hold harmless Azbil North America, its affiliates, officers, directors, employees, consultants and agents from any and all losses, expenses, third-party claims, liability, damages and costs (including, but not limited to, attorneys' fees) arising from your use of the site or the violation of these Terms and Conditions, Including without limitation, your infringement, or Infringement by any other users of your account, of any intellectual property or other right or policy of any person or Azbil North America.
Purchases of Goods and Services
If you intend to purchase any goods or services, or receive any offers to do so, on or through this website, you must first agree to the Azbil North America Limited Terms and Conditions of Sale for Website Purchases.
This site may contain information or links regarding other entities or other websites. Any third parties and third party sites are not under Azbil North America's control. Azbil North America does not endorse any third parties or third party sites, and Azbil North America disclaims any responsibility or liability for the contents, accuracy, content and policies of all third parties and third party sites.
Agreement to Terms and Conditions; Changes
By your access or use of this site, you hereby agree to these Terms and Conditions. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter contained in the Terms and Conditions and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by Azbil North America. These Terms and Conditions will inure to the benefit of Azbil North America's successors, assigns and licensees.
Interpretation and Disputes
These Terms and Conditions are governed by the laws of the United States and the State of Arizona, without regard to any conflict of laws provisions. The 1980 United Nations Convention on the International Sale of Goods is hereby expressly disclaimed. Venue shall be proper exclusively in Maricopa County, Arizona with respect to resolution of any dispute arising under these Terms and Conditions. In the event of any dispute, the prevailing party shall be entitled to recovery of Its reasonable attorneys' fees and costs. If any provision of these Terms and Conditions is deemed unenforceable or invalid by a court or arbitrator, then the court or arbitrator making such determination shall modify such provision to the minimum extent necessary so as to make it enforceable and valid; but if this cannot be done then the provision shall be severed and the remaining Terms and Conditions shall be interpreted and read to give them maximum enforceability. Any cause of action or claim made by you or any other website viewer or user with respect to this website must be commenced within one year after the claim or cause of action arises.
If you have any other questions or concerns regarding these Terms and Conditions, please contact us at Azbil North America, Inc., 9033 North 24th Avenue, Suite 6, Phoenix, AZ 85021, phone 602-216-8199, fax 602-216-8213, email email@example.com