AZBIL NORTH AMERICA, Inc.
WEBSITE AND PURCHASE TERMS AND CONDITIONS
Last Updated: Aug 23, 2018.
THIS IS A CONTRACT BETWEEN YOU AND AZBIL NORTH AMERICA, INC.
PLEASE READ THESE TERMS AND CONDITIONS (“Terms”) CAREFULLY. By accessing and using https://us.azbil.com/ and other websites, online services, and social media sites of Azbil North America, Inc. and its affiliates (collectively referred to as “Company,” “us,” “our,” or “we”), and other websites linking to these Terms (collectively, “Sites”), and by using any Company mobile applications (“Apps”) (collectively, the “Company Technology”), You agree to be bound by these Terms, on behalf of your company and yourself, and you warrant and represent that you are authorized to bind your company. If you do not agree to all these Terms, you must refrain from accessing and using the Company Technology.
If You are asked to click Your agreement to specific terms and conditions to access certain functions on any of the Sites or Apps (each a “Site Agreement”), the terms in the Site Agreement will govern over any inconsistencies with these Terms, but only for the specific Site or Apps function described in that Site Agreement.
We may change these Terms from time to time without prior notice to You and will post the updated Terms on the Company Technology. YOU CAN DETERMINE WHEN THESE TERMS WERE LAST REVISED BY REFERRING TO THE “LAST UPDATED” LEGEND AT THE TOP OF THIS WEBPAGE. ANY MODIFICATIONS WILL BE EFFECTIVE IMMEDIATELY UPON POSTING. YOUR USE OF OR ACCESS TO THE COMPANY TECHNOLOGY AFTER MODIFICATIONS ARE POSTED WILL SIGNIFY YOUR ACCEPTANCE OF THE MODIFICATIONS AND YOUR AGREEMENT TO BE BOUND BY THEM. MODIFICATIONS TO THESE TERMS SHALL NOT APPLY TO ANY DISPUTE BETWEEN US ARISING PRIOR TO THE DATE ON WHICH WE POST THE REVISED TERMS. YOU AGREE TO PERIODICALLY REVIEW THESE TERMS FOR CHANGES.
As used in these Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available, storing or otherwise transferring any Content, material, or information.
OVERVIEW OF CONTENT ON THE COMPANY TECHNOLOGY
The Company Technology contains postings, text, images, videos, graphics, artwork, data, databases, messages, audio and other files, and other information and materials for download and viewing by individual users of the Company Technology, as made available by Company and our advertisers, sponsors and other content contributors (“Content Contributors“). Portions of the Company Technology authored by Company or its authorized agents, contractors, and employees are referred to as “Company Content.” Portions of the Company Technology authored by other Content Contributors are referred to as “Third Party Content.” Company Content and Third Party Content will be collectively referred to as the “Content”.
Use and Accuracy of Content
All Content on the Company Technology is protected by federal and international copyright and intellectual property laws and is the property of Company or Content Contributors. No portion of the Company Content may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of Company. The Company Technology includes numerous trademarks and service marks that are the property of Company, including but not limited to “Azbil”. Other trademarks, service marks and logos used in the Company Technology are the trademarks, service marks or logos of third parties.
You may view or download Company Content for Your internal business needs, subject to Your agreement to and compliance with these Terms. You must keep intact any notices, including trademark and copyright notices, contained on any downloaded Company Content. With respect to Content, any rights not expressly granted by these Terms or any applicable Site Agreement are reserved by Company and Content Contributors. Downloading, screen capturing or copying Content in any manner for any use other than personally viewing the document is prohibited by copyright law.
Although Company attempts to ensure the accurateness of the Company Content, it makes no guarantees whatsoever as to correctness or accuracy. It is possible that the Company Content could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to Company Content by third parties. In the event that an inaccuracy arises, please inform Company so that it can be addressed. Information contained on the Company Technology may be changed or updated without notice.
All Third Party Content is the responsibility of the respective Content Contributors – Company is not responsible for any Third Party Content. Third Party Content may be protected by federal and international copyright or other laws, and Your right to reprint, republish, modify, reproduce, or distribute Third Party Content may be limited accordingly.
Any comments, feedback, information, or materials relating to the Company Technology, or our products, services or technologies (collectively, “Feedback”) that You submit to us shall become Company’s property. By submitting Your Feedback to us, You agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback, and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. Company shall be free to use Your Feedback on an unrestricted basis. You hereby assign and/or waive, as the case may be, any moral rights that You may have in or to the Feedback
Your contract with Your mobile network provider (“Mobile Provider”) will continue to apply when accessing or using the Apps on Your mobile device (“Mobile Device”). You understand that Your Mobile Provider may charge You fees for Your use of its network while accessing or using the Apps, for data downloading, e-mail, text messages, for roaming, and other Mobile Provider or third party charges, and that YOU ARE SOLELY RESPONSIBLE FOR SUCH FEES AND CHARGES. You understand that the Apps are provided over the Internet and mobile networks, so the quality and availability of the Apps may be affected by factors outside our control. We do not guarantee that the Apps will be compatible or operate with Your Mobile Provider’s service plans, with any particular mobile device, or other piece of hardware, software, equipment, or device You install on or use with Your Mobile Device. WE ARE NOT RESPONSIBLE IF THE APPS ARE UNAVAILABLE OR IF YOU CANNOT DOWNLOAD OR ACCESS THE CONTENT ON THE APPS, FOR ANY COMPATIBILITY OR INTEROPERABILITY ISSUES, OR FOR ANY COMMUNICATION SYSTEM FAILURE WHICH MAY RESULT IN THE APPS BEING UNAVAILABLE.
The following terms and conditions apply to all orders placed by You using the Company Technology (“Online Orders”) for products and industrial vending machines (“Products”), as well as services, offered on the Company Technology (“Products and Services”) by Azbil North America, Inc. (“Azbil North America Inc. ”). If any of these terms and conditions are not acceptable, please contact Azbil North America Inc. before placing an Online Order.
Acceptance of Orders
ONLINE ORDERS ARE NOT BINDING ON Azbil North America Inc. UNLESS ACCEPTED BY Azbil North America Inc. IN WRITING. ANY ADDITIONAL OR INCONSISTENT PROVISIONS OF ANY PURCHASE ORDER OR OTHER WRITING DOES NOT CONSTITUTE A PART OF THE CONTRACT FOR SALE.
ACCEPTANCE: Purchaser may accept the Proposal, Quote, or Order Acknowledgement issued by Seller on the terms thereof, which shall include these Terms and Conditions, by an authorized signatory of Purchaser. Any purchase order submitted by Purchaser will not be binding on Seller; Seller may issue an Order Acknowledgement which shall supersede such purchase order. All orders are subject to credit approval. The most recently dated Proposal, Quote, Order Acknowledgement or Invoice issued by Seller constitutes an offer or counter-offer by Seller to sell the products described herein in accordance with these Terms and Conditions and shall be deemed the controlling document for such order. No additional or different terms or conditions will be binding upon Seller unless specifically agreed to in writing by an authorized representative of Seller. Seller hereby objects to any such additional or different provisions contained in any purchase order or other communication heretofore or hereafter received from Purchaser.
Once Online Orders are accepted by Azbil North America Inc. , they may be cancelled only in limited circumstances. Contact Azbil North America Inc. at email@example.com for additional information.
Products and Services availability may be limited, or may not be available for immediate delivery. Azbil North America Inc. reserves the right, without liability or prior notice, to revise or cease to make available any or all Product and Services prior to Azbil North America Inc.’s acceptance of Online Orders for the applicable Products and Services.
Pricing and Specifications
All prices are in U.S. currency. You are responsible for any and all sales, use, excise, VAT, withholding, and other taxes, import duties and charges levied as a result of Your Online Orders, as well as all costs of packing, storage, transportation, shipping, handling and insurance (collectively, “Additional Costs”). Products and Services pricing and specifications are subject to change without notice, except with respect to Online Orders previously accepted by Azbil North America Inc.. Azbil North America Inc.reserves the right to adjust and communicate alternative pricing should an error be found in Content on the Company Technology.
Online Order Payments
All Online Orders must be paid using a credit or debit card at the time of placing the Online Order using the Company Technology. Azbil North America Inc. will charge Your card upon Online Order placement. All Online Orders are processed by our third party payment processor. Azbil North America Inc. does not receive or maintain Your card information. WHEN YOU PLACE YOUR ORDER, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED SIGNATORY OF ANY CREDIT OR DEBIT CARD YOU PROVIDE, AND AUTHORIZE Azbil North America Inc. TO BILL YOUR CARD FOR THE PURCHASE PRICE OF THE PRODUCTS AND SERVICES, ADDITIONAL COSTS, AND ANY INTEREST AND OTHER CHARGES RELATED TO FULFILLMENT AND PAYMENT OF YOUR ONLINE ORDER. Your purchase is subject to any additional terms and conditions imposed by our third party payment processor. If the card information that You submit is incorrect or invalid, Your Online Order will not be processed. Payment is subject to the approval of the financial institution issuing the card. We assume no responsibility or liability if the financial institution refuses to accept or honor Your card for any reason.
You agree to pay interest at the rate equal to the lesser of 1.5% per month, or the maximum rate allowed by applicable law, on any outstanding balance related to Your Online Orders, together with costs of collection, including attorneys’ fees and costs.
All Products are shipped ExW (INCOTERMS 2010) the point of origin indicated in the description of the Products posted on the Company Technology. Title to Products and risk of loss passes from Azbil North America Inc. to You upon delivery to the carrier. Unless otherwise agreed by Azbil North America Inc. in writing, Products will be shipped via carriers of our choice with shipping, handling, insurance, and packaging charges prepaid by Azbil North America Inc. and added to the final charge against Your payment card. You are responsible for any extra charges for services You may request, for example, special routing or pre-delivery notification. Products will be shipped within a reasonable time after processing of Your Online Order. Shipment time will vary depending on the shipping method. Azbil North America Inc. DOES NOT GUARANTEE DELIVERY WITHIN THIRTY (30) DAYS OR AT ANY OTHER CERTAIN TIME, AND IS NOT RESPONSIBLE FOR SHIPPING DELAYS.
Products purchased for delivery outside of the United States may be subject to import duties and taxes which are levied once the shipment reaches the country. Additional customs fees are not included in the shipping charges because Azbil North America Inc. does not have control over these charges and cannot estimate what they may be. Customs policies vary from country to country. Contact the local country customs office for further information. When You place an Online Order, You are considered the importer of record and are responsible for customs fees and compliance with all laws and regulations of the country to which You are shipping the Products. In addition, You are solely responsible for complying with all U.S. export and other related laws, and shall obtain all necessary U.S. and other export licenses and governmental consents in connection with any subsequent export, re-export, transfer and use of any and all Products or related technical information. You shall not sell, transfer, export or re-export any part of the Products and Services, including any technology, software, or technical information, directly or indirectly for use in terrorist activities, or any activities that involve the design, development, production, use or stockpiling of nuclear, chemical or biological weapons or missiles, nor use any part of the Products and Services in any facility that engages in activities relating to such weapons or missiles. YOU AGREE TO INDEMNIFY US FOR ANY PENALTIES OR COSTS WE INCUR RELATING TO YOUR FAILURE TO COMPLY WITH ANY LAWS OR REGULATIONS.
Delivery and Inspection
You must conduct a reasonable and complete inspection of the Products when You receive them. All claims relating to damage to the Products, shortages or other non-conformities (other than warranty non-conformities) must be made in writing to Azbil North America Inc. within 10 days after You receive the shipment, and You must specify all claimed nonconformities giving rise to the rejection. Your failure to make a claim within the 10-day period shall constitute an irrevocable acceptance of the Products and shall be conclusive evidence that the shipment fully complies with all terms relating to the applicable Online Order. Each shipment of Products shall be accepted or rejected in its entirety, and any acceptance shall be final and irrevocable. If You reject any shipment and deliver the written notice required above in a timely manner, Azbil North America Inc. shall have the right to cure any nonconformity within a reasonable time.
Limited and Exclusive Product Warranty
Azbil North America Inc. warrants that all authentic Products of Azbil North America Inc. and its affiliates that are offered for sale by Azbil North America Inc. will materially comply with their published specifications for (i) 12 months from the date of installation or 18 months from the date of shipment, whichever comes first; or (ii) for AT9000 transmitters only, 5 years from the date of shipment. At Azbil North America Inc.’s option, Azbil North America Inc. will repair or replace non-conforming Products, or refund the purchase price of the Products, if the Products are returned by You via prepaid shipment within the warranty period, and Azbil North America Inc. confirms that the Products are subject to this Azbil North America Inc.warranty. If the inspection of returned Products by Azbil North America Inc.does not reveal any material non-conformities, You will pay Azbil North America Inc. for all costs of return shipment and inspection, at Azbil North America Inc.’s then-current rates.
This warranty does not apply upon: (i) modification to Products, not made, or specifically required or approved in writing by Azbil North America Inc.prior to modification; (ii) use of Products with equipment or software not supplied or approved in writing by Azbil North America Inc.; (iii) misuse or abuse of the Products, (iv) exposure of the Products to conditions beyond the environmental, power or operating constraints specified by Azbil North America Inc.in writing or in the Products published specifications; or (v) installation or wiring of the Products other than in accordance with Azbil North America Inc.’s written instructions or in the Products published specifications. Items subject to wear or burnout through usage shall not be deemed to be defective by reason of such wear or burnout. Any costs incurred by Azbil North America Inc.in the repair of faults or errors related to these actions shall be reimbursed by You at Azbil North America Inc.’s then-current rates, and You shall indemnify Azbil North America Inc. against any damages suffered by Azbil North America Inc.that are directly related to such faults or errors.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, WHICH ARE DISCLAIMED IN THEIR ENTIRETY. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING APPLICATION, CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. Azbil North America Inc. DISCLAIMS ANY WARRANTY AGAINST EROSION OR CORROSION OF THE SYSTEM IN WHICH THE PRODUCTS ARE INSTALLED, AND THE PARTIES ACKNOWLEDGE THAT ANY EROSIVENESS OR CORROSIVENESS OF THE SYSTEM IN WHICH THE PRODUCTS ARE INSTALLED, AND ANY RESULTING EROSION OR CORROSION, SHALL NOT CONSTITUTE A WARRANTY NON-CONFORMITY. THE PARTIES EXPRESSLY AGREE THAT REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS, OR REFUND OF THE RELATED PURCHASE PRICE, AT Azbil North America Inc.’s OPTION, SHALL CONSTITUTE YOUR EXCLUSIVE REMEDY AND THE EXCLUSIVE LIABILITY OF Azbil North America Inc. RELATING TO YOUR ONLINE ORDERS FOR ANY PRODUCTS AND SERVICES.
Limitations of Liability for Online Orders
NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE NOR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES RELATING IN ANY WAY TO ONLINE ORDERS OR PRODUCTS AND SERVICES. IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL WE OR OUR SUPPLIERS’ BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY ONLINE ORDER EXCEEDING THE TOTAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES GIVING RISE TO SUCH LIABILITY.
If You are dissatisfied with Your Products purchase, a refund may be issued for Products purchased via Online Orders within 30 days of Azbil North America Inc.’s receipt of returned Products, subject to the requirements of this section. All returned Products must be shipped prepaid, in resalable condition, and are subject to inspection for damage or misuse prior to replacement, unless otherwise authorized in writing by Azbil North America Inc. Products not returned within 45 days of delivery to You may be subject to restocking charges. For returns of international purchases, please note that customs policies vary widely from country to country. For more information about customs fees, please contact the local country customs office for further information before You proceed with any Product return.
Azbil North America Inc. shall not be liable for any delay or failure to manufacture or deliver any or all of the Products and Services ordered via an Online Order, or for the failure to perform any obligation, if such delay or failure is caused by, or if such performance is made impractical or commercially unreasonable by, fire, hurricane, flood, or other act of God, labor dispute or strike, terrorism, war or civil commotion, governmental action, equipment breakdown, inability to obtain the necessary labor, materials or equipment required to manufacture the goods, or any other cause beyond the reasonable control of Azbil North America Inc. or Azbil North America Inc. affiliates. In the event of the occurrence of any contingency described in this section, the proposed delivery or obligation shall be extended for a period equal to the time lost by reason of such contingency.
YOUR USER ACCOUNT
If You are permitted to and choose to create an account on Company Technology, You (as an individual and on behalf of your company) are the only person authorized to access and use that account. You will not give your username, password, or any other account information to a third party. You must immediately notify us of any known or suspected unauthorized use of that account or any known or suspected breach of security, including, but not limited to loss, theft, or unauthorized disclosure of your password. YOU ARE RESPONSIBLE FOR ALL ACTIVITY ON ANY OF YOUR ACCOUNTS, INCLUDING ACTIVITY ON BY YOUR EMPLOYEES, CONTRACTORS, AND AGENTS. Any fraudulent, misleading, abusive, or illegal activity may be grounds for termination of any account at our sole discretion and we may refer You to appropriate law enforcement agencies. You agree to maintain accurate and complete contact information in connection with Your account, and to update this information promptly in the event it changes.
All other information, postings, text, images, messages, data, files, and other materials You post, transmit through, or link to the Company Technology (collectively, “Your Content”) are Your sole responsibility. YOU AGREE THAT YOU WILL EVALUATE AND BEAR ALL RISK RELATED TO THE USE OF OR ANY ACTIVITIES ASSOCIATED WITH ANY OF YOUR CONTENT. THE RESULTS OF ANY ACTIONS YOU TAKE BASED ON YOUR CONTENT OR OTHER CONTENT YOU FIND ON THE COMPANY TECHNOLOGY ARE SOLELY YOUR RESPONSIBILITY. Under no circumstances will we be liable in any way for Your Content or for any loss or damage of any kind resulting from Your Content.
We do not pre-screen or approve Your Content and we have no obligation to monitor Your Content. However, we reserve the right to review, modify, monitor, refuse to post, or delete any of Your Content at our sole discretion. We reserve the right at all times and in our sole discretion to disclose any information we believe necessary to satisfy any law, regulation, legal process, or governmental request, or to fulfill Your Online Orders.
By uploading, transmitting, or posting Your Content, You grant to us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, reproduce, modify, edit, post, and transmit Your Content in whole or in part.
You agree that when using the Company Technology, You will not:
- Delete, hack, or attempt to change or alter any content or notices;
- Use or introduce into the Company Technology any device, software, or routine intended to damage, bypass, modify, interfere with, erase, or permit unauthorized access to the Company Technology, servers, or networks connected to the Company Technology, crack passwords or security encryption codes, or take any other action that interferes with any use of the Company Technology;
- Use any automatic or manual device or process to harvest or compile information from the Company Technology for any reason;
- Copy, modify, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which the Company Technology is based;
- Introduce into the Company Technology any software routine designed to disable a computer program automatically, with the passage of time, or under the positive control of an unauthorized person;
- Use any content made available through the Company Technology in any manner that misappropriates any trade secret or infringes any intellectual property rights, rights of publicity, or other proprietary right of any party;
- Collect, store or use personal data about other users, or otherwise attempt to access any other person’s information;
- Send any chain letters, junk mail, spam, unauthorized e-mail, or advertisements;
- Decrypt, transfer, frame, display, or translate any part of the Company Technology;
- Use the information in the Company Technology to develop or sell products or services similar to Company’s;
- Post, upload, or transmit any of Your Content that is or encourages unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, profane, indecent, sexually explicit, or hateful actions, or that is invasive of another’s privacy or intended to offend any person based on a person’s race, ethnic heritage, national origin, sex, sexual orientation or preference, age, physical or mental illness or disability, marital status, employment status, housing status, or religion;
- Impersonate any person or entity, including, but not limited to, a Company employee or representative; or
- “Stalk,” harass, or threaten to invade the privacy or harm of another user of the Company Technology, or any other person.
Deactivation of Your Account
We may modify, suspend, or close any of Your accounts, or otherwise stop providing any Company Technology in whole or in part, at any time and for any reason. We will not be liable to You or any third party for suspension or termination of any Company Technology or accounts. You will not be able to access any information in any account once access has been suspended or terminated or a Site or App has been shut down. You are responsible for making sure Your Content and other information You desire is properly backed up so You have access to it in the event of loss, corruption, or cessation of any siteS or APPS, or termination or suspension of ANY account. WE DO not export Your Content, Your Information, or other data TO YOU during Your use of the COMPANY TECHNOLOGY, or provide Your Content, Information, or other data to You when ANY account is closed.
You are responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical, Internet and other physical requirements necessary for Your use of the Company Technology.
You must keep our Confidential Information secret. “Confidential Information” means all nonpublic information concerning the business, technology, products, specifications, services, databases, pricing, procedures, and strategies of Company, and any other information labeled by Company as “confidential” or that a reasonable person would understand to be confidential or proprietary. The following information will not be considered Confidential Information: (i) information which was in the public domain prior to its disclosure; (ii) information which becomes part of the public domain by any means other than through violation of these Terms; (iii) information independently developed by You without reference to our Confidential Information; or (iv) information received by You from a third party not under any obligation of confidentiality.
YOUR INDEMNIFICATION OF COMPANY
You agree to defend, indemnify and hold harmless Company, our officers, members, directors, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorney’s fees and costs and expenses, relating to (a) Your access to or use of all or part of the Company Technology; (b) Your Content; (c) a breach or alleged breach by You of any of Your representations, warranties, covenants or obligations within these Terms; (d) Your infringement or misappropriation of any intellectual property or other rights of Company or third parties; or (e) any negligence or willful misconduct by You.
THE COMPANY TECHNOLOGY, INCLUDING ANY CONTENT OR INFORMATION CONTAINED IN THE COMPANY TECHNOLOGY AND ANY RELATED SERVICE, ARE PROVIDED “AS IS,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE, WHICH ARE DISCLAIMED IN THEIR ENTIRETY. STATEMENTS OUTSIDE THE TERMS, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING APPLICATION, CAPACITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY OUR EMPLOYEES OR OTHERWISE, ARE NOT WARRANTIES OR PROMISES BY US, AND WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH STATEMENTS. WE HAVE NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY COMMUNICATION, INFORMATION, OR YOUR CONTENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE COMPANY TECHNOLOGY, RELATED SERVICES, AND ANY LINKED WEBSITES.
Some jurisdictions do not allow some disclaimers of warranties, so such disclaimers and exclusions may not apply to You.
LIMITATIONS OF LIABILITY
NEITHER WE NOR OUR SUPPLIERS ARE RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION CONTAINED IN THE COMPANY TECHNOLOGY OR ANY LINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES IS TO STOP USING THE COMPANY TECHNOLOGY, RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEBSITES.
IF WE ARE FOUND TO BE LIABLE DESPITE THE LIMITATIONS ABOVE, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES RELATING TO THESE TERMS GREATER THAN ONE THOUSAND U.S. DOLLARS ($1000), TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNLESS OTHERWISE SPECIFICALLY STATED IN THESE TERMS.
Some jurisdictions do not allow certain limitations of liability, so the above limitations may not apply to You.
It is Company policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. Company will terminate the access of all users who infringe the intellectual property rights of others. Likewise, any apparent infringement of Company’ intellectual property rights by a user will result in the immediate termination of that user’s access to the Company Technology.
If Company removes or disables access to Your Content or Third Party Content under these Terms, Company may, in its discretion, provide You or the applicable Content Contributor with a copy of the third party notification which prompted removal or disabled access to Your Content or Third Party Content. However, Company reserves the right to withhold access to and/or not replace Your Content or Third Party Content unless ordered to do so by a court or other tribunal of competent jurisdiction.
If You believe someone is using Your copyrighted work without Your permission on any of the Company Technology, contact us using the following contact information:
Azbil North America, Inc.
9033 North 24th Avenue, Suite 6, Phoenix, AZ 85021
phone 602-216-8199, fax 602-216-8213
We will respond to claims of copyright infringement reported to our Designated Copyright Agent, identified above, in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. Notices of copyright infringement must include the following required information:
1. Your address, telephone number, and email address;
2. A description of the copyrighted work that You claim has been infringed;
3. A description of where the alleged infringing material is located on the Company Technology;
4. A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
6. A statement by You, made under penalty of perjury, that the above information is accurate and that You are the copyright owner or authorized to act on behalf of the copyright owner.
THIRD PARTY WEBSITES
Company makes no representations whatsoever about any other website that You may access through the Company Technology, including our payment processor, or any Widgets available on our Sites or Apps. When You access a non-Company website or Widget, please understand that it is independent from Company, and that Company has no control over the content on that website or Widget. In addition, a link to a non-Company website or inclusion of a Widget on our Sites or Apps does not mean that Company endorses or accepts any responsibility for the content, or the use of the linked website or Widget, or any products or services offered by that website or Widget Provider. You must ensure that whatever You select for Your use or download from that website or Widget is free of items such as viruses, worms, trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.
The e-mail addresses provided during the account registration process will be the e-mail addresses we will use for all Company Technology-related communications to You and each account holder. It is Your responsibility to monitor Your email and Your accounts, and to respond in an appropriate manner. Our Company Technology may contain links or forms that can be used to contact us so You can comment, make a complaint, make suggestions, and ask questions. You represent and warrant that any information You provide is correct, and applies only to You and Your account holders, and that You will keep e-mail addresses and other account information up-to-date.
You can contact us through Your accounts or by e-mail. Unless you and your company tell us otherwise, or the law requires otherwise, You agree to receive all communications from us by e-mail or by our posting notices to the applicable accounts. You agree that you are able to print the communications for your respective records. You agree that all communications that we send to You electronically satisfy any legal requirement that a communication be in writing. You may choose to get legal notices in paper form through the mail if you tell us you do not want legal notices sent electronically. If You choose paper form, legal notices will be sent to You in paper form by postal mail or as otherwise permitted or required by law. All other communications not required by law to be in paper form will be sent electronically. To tell us not to send legal notices electronically, send the notice in writing and by certified and registered mail to the below address.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS BY USING OUR COMPANY TECHNOLOGY.
These Terms are entered into in the State of Arizona, U.S.A., and are governed by the laws of the State of Arizona, U.S.A., exclusive of its choice of law rules. The 1980 United Nations Convention on the International Sale of Goods is hereby expressly disclaimed. YOU AND WE EACH AGREE TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN THE COUNTY OF MARICOPA IN THE STATE OF ARIZONA, U.S.A., FOR ALL DISPUTES RELATING TO THESE TERMS. EACH PARTY WAIVES ANY JURISDICTIONAL, VENUE, OR INCONVENIENT FORUM OBJECTIONS TO SUCH COURTS. In any action to enforce these Terms, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action or claim made by You or any other user with respect to Company Technology must be commenced within one year after the claim or cause of action arises.
USERS FROM OUTSIDE THE UNITED STATES
If You have any other questions or concerns regarding these Terms, please contact us at Azbil North America, Inc., 9033 North 24th Avenue, Suite 6, Phoenix, AZ 85021, 602-216-8199, fax 602-216-8213, firstname.lastname@example.org.
USE OF OUR COMPANY TECHNOLOGY AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS SET FORTH ABOVE. PLEASE READ THIS INFORMATION CAREFULLY. BY CLICKING “I AGREE” OR OTHERWISE INDICATING YOUR AGREEMENT, OR BY YOUR USING OUR COMPANY TECHNOLOGY, YOU ARE INDICATING THAT YOU AND YOUR COMPANY AGREE TO BE BOUND BY THE TERMS SET FORTH ABOVE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PROMPTLY EXIT THE COMPANY TECHNOLOGY YOU ARE USING.