Site Access and Use Policy
Notice of legal restrictions on use of this
website
Copyright © 2022 SPX Technologies, All Rights Reserved.
PLEASE READ THE FOLLOWING LEGAL INFORMATION
BEFORE USING THIS SITE.
Thank you for visiting the M2M Web Portal Site (the “Site”), operated by Flash
Technology, a division of SPX Technologies ("SPX"). In light of the
complexities governing the use and operation of web sites, we have set forth
below a series of Site Access and Use Terms ("SATS") that apply to
your access to and use of the Site. Also included in these SATS are the Data
Privacy and privacy terms, including European Union terms. Compliance with and
acceptance of the SATS are required in order for you to have access to and use
of the Site. Please read the SATS very carefully. We hope that you will
understand that, in the complex legal world of the internet, access and use
terms are required. We have also included below, as part of the SATS, an
identification of SPX's agent for receipt of notice regarding copyright claims
and other communications regarding the Site. If you do not agree with or do
not accept any of the SATS, please immediately exit the Site and refrain from
further access. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY
AGREEING TO BE BOUND BY THESE SATS.
Thank you for your understanding. We hope that you enjoy the Site and find it
useful. Also, please keep in mind that information provided on this site and
via linked sites is not for the purposes of seeking or encouraging investment
unless specifically designated as such.
1.
LIMITED
TERMINABLE LICENSE
As described below, your compliance with the SATS provides a limited,
terminable license regarding access to and use of the Site Contents. "Site
Contents" or "Contents" means images, text, information, sounds,
interactive features, links, login pages, site content that is specific to you
as a customer of Flash Technologies and other features of the Site. "Site
Code" means any and all underlying elements of the Site, including, but
not limited to source code, object code, and other sets of statements or
instructions that relate to the operation or functions of the Site.
You agree:
a. Not to alter any Site Content in any manner other than to manage a list people granted access to site content that is specific to you and not to use any Site Content in a manner specifically prohibited by these SATS or by the instructions in the Site;
b. To use the Site Contents for your own informational purposes only. For example, unless expressly authorized in writing by SPX, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or otherwise promote any products or services not provided by SPX;
c. Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of SPX;
d. You may print out a copy of the Site Contents, or an excerpt from the Site Contents, to preserve a "hard copy." However, you agree to place the following notation on your copy: "Copyright © 2012 - SPX Technologies. All Rights Reserved. See SPX Technologies Web Site for Access and Use Terms and additional information and conditions of use";
e. SPX may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by SPX, you agree to cease using and/or destroy any copies of the subject Content;
f. Unless expressly permitted in writing from SPX, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and
g. You are responsible for ensuring that other parties that have access to the Site or Site Contents through your system or with your permission agree to the SATS.
2.
OWNERSHIP
OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, certification marks, trade names, trade dress,
copyrights, patent rights and other proprietary rights in or associated with
the Site, the Site Contents and Site Code are the properties of SPX, its
owner(s), affiliated entities or its licensors. Nothing in these SATS or any
Site Contents shall convey an ownership interest or a license in any
trademarks, service marks, trade names, trade dress, copyrights, patent rights
and other proprietary rights in or associated with the Site, the Site Contents
or the Site Code.
3.
SUBMISSIONS
AND USER GRANT OF LICENSE
SPX is pleased to hear from its customers and Site users. We welcome your
input. However, due to legal requirements, we cannot provide compensation for,
agree to consider, or agree in advance to keep confidential, any submission of
creative ideas, disclosures of inventions, other disclosures of potentially
useful information, or submissions of any other content. In order to avoid
confusion and unmanageable situations, all content submitted by you via the
Site or through any contact information provided in the Site (e.g., addresses,
e-mail addresses, telephone numbers, links) is provided with a paid-up,
perpetual, non-exclusive license, effective everywhere, to SPX to consider,
retain, copy, use, publish, modify, disclose and otherwise exploit the
expression, concepts, and information in the content, at SPX's sole discretion.
SPX does not, however, engage in the practice of selling Site users'
identifying information to third parties. SPX may, in its sole discretion,
determine that the submission and its contents should be kept confidential. Any
or all of these license rights can be assigned and sublicensed by SPX and they
apply to all manner of copying, display, distribution, transmission, storage,
recording or other media or means of exploitation now known or hereafter
conceived. If any applicable law, judicial decision or regulatory requirement
restricts or limits the provisions of this paragraph, SPX's liability, if any,
will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section
7 of these SATS.
4.
FORWARD-LOOKING
STATEMENTS
Some of the statements contained on this Site may constitute forward-looking
statements. These statements relate to future events or our future financial
performance and involve known and unknown risks, uncertainties and other
factors that may cause our businesses or our industry's actual results, levels
of activity, performance or achievements to be materially different from those
expressed or implied by any forward-looking statements. Such statements
include, in particular, statements about our plans, strategies, prospects,
changes and trends in our business and the markets in which we operate. In some
cases, you can identify forward-looking statements by terminology such as
"may," "will," "could," "would,"
"should," "expect," "plan,"
"anticipate," "intend," "believe,"
"estimate," "forecast," "predict,"
"propose," "potential," "continue" or the
negative of those terms or other comparable terminology. These statements are
only predictions.
Factors that may cause our actual results to differ materially from those
expressed or implied by the forward-looking statements include, among others:
(a) risks associated with any indebtedness and debt service; (b) performance of
our business and future operating results; (c) risks related to acquisition
strategies and integration of acquired businesses; (d) risks related to the
loss of personnel; (e) the cyclicality of many business areas; (f) risks of
competition in existing and future markets and developments of new technologies
by competitors; (g) increases in the cost of compliance with laws and
regulations, including environmental laws and regulations and potential
liability relating to claims, complaints and proceedings; (h) general business
and economic conditions, particularly any economic downturn generally and in
our markets specifically; and (i) difficulties presented by international,
economic, political, legal, accounting and business factors. You should not
place undue reliance on these forward-looking statements, which speak only as
of the date of such statements. We disclaim any obligation to update or revise
these forward-looking statements to reflect events or circumstances after the
date of such statements or to reflect the occurrence of unanticipated events,
except as may be required by law.
5.
PUBLIC
COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, SPX may provide from time to time, at
its sole discretion, one or more chat areas, blog areas, message boards, e-mail
functions, contact information, polls, surveys, and other features for use by
visitors to the Site. Such features are referred to herein as "Visitor
Features." SPX may, in its sole discretion and without advance notice,
discontinue provision of any Visitor Features to any or all Site visitors and
may, in its sole discretion, remove any content provided by a Site visitor.
Users of Visitor Features are bound by and must comply with the SATS, and must
agree NOT to do the following:
a. Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to SPX;
b. Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
c. Intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to regulations having the force of law, while you are using or accessing any Visitor Features; and
d. Infringe the copyrights, trademarks, or other personal or proprietary rights of any person or entity.
SPX hopes that all of those who use and have access to the Site will follow the
SATS and otherwise conduct themselves properly. However, SPX cannot be
responsible for monitoring, verifying or substantiating content or code
provided by third party users of the Site. Therefore, you agree that SPX shall
not be liable for any breach of the SATS by third parties or for other
injurious behavior engaged in by third parties who use or gain access to the
Site. Also, any content provided by a Site Visitor is also subject to the grant
of rights to SPX in Section 3 of these SATS.
6.
LINKS
Unless expressly stated otherwise by SPX, SPX does not necessarily control
sites that may be linked to or from the Site. SPX cannot monitor or otherwise
evaluate such sites, and SPX is not responsible for any of their contents,
features, codes, underlying materials, terms of access or privacy policies.
Even if you are linked to a web page other than the front page of the linked
site, you are responsible for checking that site's terms and conditions of
access and use, as well as the site's privacy policies. Materials on other
sites may be subject to proprietary rights and other restrictions. LINKS ARE
PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND
RISK.
All links to this Site or any of its pages require the prior express written
consent of SPX.
7.
WARRANTY
DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING BUT NOT LIMITED
TO LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO
THIS SITE AND LINKED SITES, ARE PROVIDED "AS IS." SPX, ITS
PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS,
AND CONTRACTORS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED
WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF: (1) SUITABILITY FOR ANY
PARTICULAR PURPOSE, (2) MERCHANTABILITY, (3) COMPLETENESS, (4) ACCURACY, (5)
NON-INFRINGEMENT, AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED,
INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL
COMPONENTS.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR
OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE
POSSIBILITY OF SUCH DAMAGES, SPX, ITS PREDECESSORS, OWNERS, DIRECTORS,
OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS SHALL NOT BE
LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST
PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF
INFORMATION.
TERMS REGARDING THE DEMONSTRATION, TESTING, SALE, TRANSFER, LICENSE OR USE OF
SPX'S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS.
PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF
CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY
BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.
You agree to indemnify, defend and hold harmless SPX, its predecessors, owners,
directors, officers, personnel, suppliers, agents, and contractors from any and
all claims and causes of actions arising from or related to any violation of
the SATS by you or by others that gain access to the Site through your system
or to whom you have provided access to Site Contents. SPX reserves the option,
at its own expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you shall cooperate
with SPX in asserting any available defenses. You shall be responsible for any
damages or fines assessed due to violation of the SATS by you or others that
gain access to the Site through your system or to whom you have provided access
to Site Contents.
8.
PRODUCTS
AND SERVICES
Products and services offered through this Site may be subject to license terms
and terms of use or sale that are in addition to, or distinct from, the SATS.
Therefore, the provision and acceptance of any such product or service shall be
subject to any additional or distinct terms supplied by SPX or the third party
supplier(s) of the product(s) or service(s).
9.
CHANGES
TO SITE OR TERMS OF ACCESS AND USE
SPX reserves the right, at its sole discretion, without advance notice, to
change, modify, add or remove all or any portion of the Site or the SATS.
Changes to the SATS shall be immediately effective when posted. You agree to
review the SATS periodically to be aware of any changes. Your access to and
continued use of the Site after the changes are posted shall constitute
acceptance of those changes. Also, events may occur that result in disruption
or discontinuation of access to the Site, removal of specific Site Contents or
corruption of Site Code. Therefore, SPX reserves the right, without liability, to:
(1) discontinue provision of access to the Site to any and all users without
notice; and (2) remove or modify any Site Content.
10. CHANGES IN SITE OR RIGHTS OWNERSHIP
You agree that these SATS and SPX's interests, rights, and obligations
hereunder, can be transferred by SPX to a subsequent owner of an interest in
this Site or any of the Site Contents.
11. PRIVACY TERMS - NON-EUROPEAN UNION (“NON-EU”) RESIDENTS
We appreciate that you have visited our Site. Our privacy terms are meant to
ensure that the Site can operate efficiently and be used as a tool to provide
services. Sites that link to, or are linked from, this Site may have different
privacy terms.
As with many other web sites, when you visit this Site, our web server or
system may automatically recognize and store information. Examples of such
information might include identification of the type of internet browser used,
the type of operating system your computer has, the name of the internet
service used, the user's "click path," the advertisement or link used
to gain access to the Site, and the exit link or path from the Site. This type
of non-personal information helps us to evaluate the features of our Site and
to determine the best ways to provide our services. At times, we will share
such information with our affiliates or parties that are helping with our Site
or working with us. If you provide personal information, such as a name and
address, we may use that information to communicate with you, or our affiliates
or parties working with us may use the information to communicate with you. If
any personal information is incorrect or objectionable, please contact the SPX
agent identified in Section 13 of these SATS.
When you visit the Site, we may use the widely-used technology called
"cookies." Cookies are bits of data sent to your browser for the
purposes of authenticating, tracking and maintaining information about your use
of the Site, such as site preferences and electronic shopping cart contents. We
collect and use, and may from time-to-time supply third parties with, this
information as anonymous, collected or aggregated user data for the purposes of
analysis, quality control and improvements to the Site. Most internet browsers
will allow you to erase cookies from your computer's hard drive, block
acceptance of cookies, or receive a warning that a cookie is stored. Please
note, however, that if you block cookies, some portions of the Site may not
function properly. Your computer user's manual or help screen may contain more
information on how to eliminate or control the use or storage of cookies.
Web beacons are web page images that allow SPX to gather anonymous data about
visits to the Site. This information is sometimes referred to as
"clickstream data." SPX may collect clickstream data regarding the
Site and its use through web beacons or similar technology. SPX may use this
data, alone or in combination with other data to assess and improve the
features of this Site.
If you supply personal information, such as your name, address, e-mail address
or telephone number, you may be contacted to provide you with information
regarding products, services or events that may be of interest to you.
12. PRIVACY NOTICE AND TERMS
EUROPEAN UNION ("EU") RESIDENT
Based on policies and regulations unique to the EU, we have set forth below our
EU privacy terms with regard to our Site. These terms are specific to EU
customers and Site visitors.
Use of U.S. Web Site and U.S. Data Processing
Any personal data collected about EU visitors via this web site or when you
contact SPX's sales, customer or technical support will be processed in the United States by SPX or a party acting on its behalf. When you provide such personal data
to SPX, you consent to the processing of your data in the United States as this Site is operated in the United States. SPX is the party responsible for the
processing of your personal data and we have taken measures and implemented
policies for compliance with EU requirements.
Safe Harbor Certification
SPX complies with the Safe Harbor principles negotiated between the United States and the EU regarding data protection. SPX has implemented processes to
provide adequate protection in the processing of personal data that has been
supplied through your Site visits and contact with our sales, customer or
technical support personnel.
Site Use and Cookie Policy
Site Use. SPX or its service providers, may gather information regarding
your activities, preferences, and transactional data relating to your use of
this Site. However, SPX does not identify you or match this information with
your other personal information (such as your IP address). We collect and use,
and may from time-to-time supply third parties with, this information as
anonymous, collected or aggregated user data for the purposes of analysis,
quality control and improvements to the Site.
Cookies. IP addresses may be identified by the cookies that we use for
EU visitors. As with Site use data, we collect and use, and may from
time-to-time supply third parties with, this information as collected or
aggregated user data for the purposes of analysis, quality control and
improvements to the Site.
Other sites accessed through your use of our Site may use cookies that remain
on your browser after you visit the site. Therefore, please consult the privacy
policies of any sites that you access through this Site. You may also wish to:
(a) set your browser to notify you when such cookies have been placed on your
browser; and/or (b) examine your browser to disable or remove such cookies. However,
please note that disabling or removing certain cookies can interfere with the
functionality or potentially desirable features of certain sites, such as
automatic log on capabilities or site visit recommendations based on
identification of return visits.
Use of Personal Data - Objections and Changes to Personal Data Use or
Collection
SPX may accept personal data from EU customers who contact our sales, customer
and technical support personnel for support, product and service information or
product registration. We do not share such information with third parties for
their direct marketing purposes. Also, we will not use such data to market to
you directly unless you provide your permission.
If you have supplied personal information to us in connection with your
application for employment or to provide products or services, you consent to
the retention of such information by SPX for reasonable periods so that they
may be considered for future opportunities.
You may use the following address SPX Technologies, 13515 Ballantyne Corporate
Place, Charlotte, NC 28277 at any time to: (a) submit inquiries or other
communications regarding SPX's privacy policies; (b) object to or restrict
SPX's use of your information for direct marketing purpose; or (c) request
deletion or correction of such information.
SPX respects individual privacy and values the confidence of its employees, as
well as its customers, business partners and others. SPX is committed to
upholding the highest ethical standards in its business practices, and has long
held this commitment as a fundamental element of the SPX Leadership Standards.
Accordingly, SPX adheres to strict standards in connection with the collection,
use and disclosure of personal information, consistent with the laws of the
countries in which SPX conducts business. SPX's Safe Harbor Privacy Policy (the
"Policy") sets forth the privacy principles that SPX follows with
respect to personal information transferred from the European Economic Area
(EEA) (which includes the fifteen member states of the European Union (EU) plus
Iceland, Liechtenstein and Norway) to the United States.
SAFE HARBOR
The United States Department of Commerce and the European Commission have
agreed on a set of data protection principles and frequently asked questions
(the "Safe Harbor Principles") to enable U.S. companies to satisfy
the requirement under European Union law that adequate protection be given to
personal information transferred from the EU to the United States. The EEA also
has recognized the U.S. Safe Harbor as providing adequate data protection.
Consistent with its commitment to protect personal privacy, SPX adheres to the
Safe Harbor Principles.
13. ACCESS FROM OUTSIDE OF THE UNITED
STATES AND EXPORT CONTROL MATTERS
By providing personal information and other information through use of the
Site, all users, including, but not limited to, users in the European Union,
fully understand and consent to the collection and processing of such
information in the United States of America. This Site is operated from a
location in the State of North Carolina, United States of America. SPX makes no
representation that the Site, the Site Contents, links, or the Site Code are
appropriate for use in countries other than the United States. All users are
responsible for compliance with applicable laws.
Software, information and technology provided for downloading or otherwise
obtained via this Site may be subject to U.S. export controls, such as the
Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export
Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may
be subject to export or import regulations in other countries. You are
responsible for complying with all trade regulations and laws both foreign and
domestic. Except as authorized by law, you agree and warrant not to export or
re-export the Site Contents, Site Code or any other items or information gained
via this Site to any country, or to any person, entity, or end-user subject to
U.S. export controls, including without limitation persons or entities listed
on the U.S. Department of Commerce Bureau of Export Administration's Denied
Parties List and the U.S. Department of Treasury's Specially Designated
Nationals. You further represent and warrant that no U.S. federal agency has
suspended, revoked, or denied your export privileges.
14. COMMUNICATIONS REGARDING COPYRIGHT
AND OTHER MATTERS
If you believe that any Site Code or Contents in a linked site or in this Site,
including but not limited to content provided by third parties via Visitor
Features, infringes a copyright or other proprietary right or is otherwise
injurious, please forward the following information to our Copyright &
Notice Agent at the address specified below:
a. Your name, address, telephone number, e-mail address and other pertinent contact information;
b. A description of the right that you believe is infringed or the injury that you believe is being caused;
c. A detailed description of where the allegedly infringing or injurious content or code is located;
d. A statement by you, with respect to the right or injury, that you have a good faith belief that the objectionable use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
e. An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right and/or an electronic or physical signature of the person(s) who claims injury;
f. A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner, or are an injured party; and
g. Any other information required for specific notice of the claim and allegedly infringing or injurious item.
Our Copyright Agent and recipient for other communications regarding the Site is:
SPX Technologies
Attn: Director, Advertising and Digital Media
13515 Ballantyne Corporate Place
Charlotte, NC 28277 USA
We seek to preserve all rights and exemptions from liability available under law, including without limitation, copyright law, but we do not stipulate that we are a "service provider" for all purposes.
15.
JURISDICTION,
DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their
interpretation, or their subject matters (including but not limited to Site
Contents) shall be governed by, resolved and remedied in accordance with the
laws of the State of North Carolina, USA (without resort to conflict of law
principles) as it applies to agreements entered into and to be performed
entirely within such State and to acts or omissions occurring wholly within the
State. Any claims arising from or related to the SATS or their subject matters
shall be brought and resolved only in the appropriate State or Federal Courts
located in North Carolina and you expressly consent to the jurisdiction and
exclusive venue of said courts. However, SPX, at its sole discretion, can also
institute or convert any action (no matter which party initiates it) to an
arbitration under the applicable rules of the American Arbitration Association,
said arbitration to: (1) apply the choice of law specified above; and (2) take
place in Charlotte, North Carolina.
If otherwise applicable hereto, the Uniform Computer Information Transactions
Act (as adopted by any State) and the United Nations Convention for the
International Sale of Goods are hereby agreed not to be applicable to these
SATS and their subject matters. In addition, all disclaimable or waivable local
and international provisions related to choice of law or dispute resolution are
waived or disclaimed by you in favor of the above choice of North Carolina law,
jurisdiction and forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that
ambiguities, if any, shall not be enforced against the drafter but shall be
fairly read so as not to prejudice the rights of SPX. The section headings in
these SATS are for convenience only and do not limit or otherwise affect the
interpretation of any of the terms in the SATS.
If any provision(s) of the SATS are deemed unenforceable in a determination by
a body with proper jurisdiction, the Parties agree (without waiving rights of
appeal) that the unenforceable provision(s) shall be: (1) reconstituted to
approximate as closely as lawfully possible the evident intent of the original
provision(s); or (2) if option (1), above, cannot be implemented, the
unenforceable provision(s) shall be excised from the SATS and the Parties shall
negotiate in good faith with respect to their modification. If the Parties
cannot agree to a modification, the SATS shall be enforced, without the
unenforceable provision, in a fair manner that most closely approximates the
evident intent or understanding of the Parties.
These SATs comprise the entire agreement between the Parties relating to the
matters contained herein and shall not be modified except in a writing supplied
by SPX, such as modified SATS.
Site Contents, Site Code and SATS © 2012 — SPX Technologies. All Rights
Reserved.