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TERMS
OF SERVICE
Terms and Conditions of
Use
Please read
these terms and conditions (the “Terms”) carefully before using the
Controls, Inc. 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 Controls,
Inc. Group, including sites for registered users.
Ownership
of the Site
The Site is owned and operated by
Controls, Inc., a corporation incorporated under the laws of Ohio, having
its principle office in Sharon Center, OH.
Use
License
Please feel free to browse the Site. Controls,
Inc. 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 you agree to and accept without modification the notices,
terms and conditions set forth in this agreement and provided that you
keep intact all copyright, trademark and other proprietary notices. You
may not however copy, reproduce, republish, upload, transmit or distribute
in any way the contents of this Site, including the text, images, audio
and video for public or commercial purposes, without written permission
from Controls, Inc. You are
also prohibited from using any content of this Site in a frame on any
other internet site in any way.
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 Controls, Inc. that you will not use this Site
for any purpose that is unlawful, immoral or prohibited by these terms,
conditions and notices.
User
Submissions
Any
communications or materials that your transmit to the Site by e-mail or
otherwise is, and will be treated as non-confidential and non-proprietary
information. Anything you transmit or post may be used by Controls, Inc.
for any purpose. You are prohibited from posting or transmitting to or
from this Site any unlawful, threatening, libelous, defamatory, obscene,
pornographic or other material that may violate any law.
Links
to and from other materials
Controls,
Inc. may provide hyperlinks to third party sites. The linked sites are not
under the control of Controls, Inc. and in no way is Controls, Inc.
responsible for the content of any such linked site or for the content of
any site linked to such linked site. Controls, Inc. does not endorse
companies or products to which it may provide hyperlinks and Controls,
Inc. reserves the right to note as such on its Site. Controls, Inc.
reserves the unilateral right to terminate 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 Controls, Inc. upon written approval from Controls, Inc.
Content
Controls, Inc. takes great care in creating and
maintaining this Site, and in providing accurate and up-to-date content.
However, the content of this Site is subject to frequent modifications
without prior notice. Therefore, Controls, Inc. does not guarantee the
correct and actual status of said content.
Visitors to the Site accept Controls, Inc.' exoneration of any
liability whatsoever for the content of the Site, the software on the Site
or for any use made of it.
Intellectual
Property
The texts, layouts, 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 may be 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 Controls, Inc. 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.
Data
Protection
Controls, Inc. may 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.
Liability
Your use of and browsing in this Site is at your
own risk. Controls, Inc. does not warrant that the software used for this
Site, and the information, the on-line applications, or any other services
provided by means of this Site are error-free, or that their use will be
uninterrupted. Controls, Inc. expressly disclaims all warranties related
to the above-mentioned subject matter, including, without limitation,
those of accuracy, condition, merchantability and fitness for particular
purpose. Notwithstanding anything to the contrary in this Site, in no
event shall Controls, Inc. be liable for any loss of profits, revenues,
indirect, special, incidental, consequential, or other similar damages
arising out of or in connection with this Site or out of the use of any of
the services proposed by means of this Site.
DISCLAIMER
THE MATERIAL AND CONTENT POSTED ON THIS SITE ARE
PROVIDED "AS IS" WITHOUT ANY EXPRESS WARRANTY OR IMPLIED
WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR
PURPOSE. IN NO EVENT SHALL CONTROLS, INC. BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE MATERIALS, EVEN IF CONTROLS, INC. HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
Because some jurisdictions prohibit the exclusion
or limitation of liability for consequential and or incidental damages,
the above limitation may not apply to you. Furthermore, Controls, Inc.
does not warrant the accuracy or completeness of information of links or
other items contained within these materials that have been provided by
third parties.
Product
Orders
While Controls, Inc. will use its best efforts to
fulfill all orders, Controls, Inc. cannot guarantee the availability of
any particular product displayed on this Site. Controls, Inc. reserves the
right to discontinue the sale of any product listed on this Site at any
time without notice.
Updates
Controls, Inc. 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 Controls, Inc. Site and will be posted here.
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 Controls, Inc., 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.
Choice of Law and Forum
Provisions
The Terms and your use of this Site are governed
by the laws of the State of Ohio. You hereby consent to the exclusive
jurisdiction and venue of the courts, tribunals, agencies and other
dispute resolution organizations in the State of Ohio in all disputes (a)
arising out of, relating to, or concerning this Site and/or these Terms,
(b) in which this Site and/or these Terms is an issue or a material fact,
or (c) in which this Site and/or these Terms is referenced in a paper
filed in a court, tribunal, agency or other dispute resolution
organization. Controls, Inc. has endeavored to comply with all legal
requirements known to it in creating and maintaining this Site, but makes
no representation that materials on this Site are appropriate or available
for use in any particular jurisdiction. You are responsible for compliance
with applicable laws. Any use in contravention of this provision or any
provision of these Terms is at your own risk and, if any part of these
Terms is invalid or unenforceable under applicable law, the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision
and the remainder of these Terms shall govern such use.
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