Site Access and Use Policy
Notice of legal restrictions on use of this
Copyright © 2012 SPX Corporation, 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 Corporation ("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.
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.
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 Corporation. All Rights Reserved. See SPX Corporation 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.
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.
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.
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.
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.
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.
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.
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. 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.
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 Corporation, 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.
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:
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.
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 Corporation. All Rights Reserved.