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 (Last Updated August 9, 2024)
IMPORTANT!
THESE TERMS AND CONDITIONS (THESE "TERMS AND CONDITIONS")
GOVERN THE USE OF THE Power Solutions Limited WEBSITE (THE "WEB
SITE") BY YOU AND YOUR EMPLOYEES AND AGENTS (COLLECTIVELY REFERRED
TO AS "YOU"). BY USING THE WEB SITE, YOU AGREE TO ALL OF THE
PROVISIONS CONTAINED OR REFERRED TO IN THESE TERMS AND CONDITIONS.
Power Solutions Limited (THE "COMPANY") RESERVES THE RIGHT TO
CHANGE THESE TERMS AND CONDITIONS AT ANY TIME IN ITS SOLE DISCRETION.
YOUR USE OF THE WEB SITE AFTER SUCH CHANGES ARE POSTED TO THE WEB SITE
CONSTITUTES YOUR ACCEPTANCE OF THE CHANGES. PLEASE CONSULT THESE TERMS
AND CONDITIONS REGULARLY.
1.
Scope. These
Terms and Conditions govern Your use of the Web site. These Terms and
Conditions, however, do not apply to the Company's products or
services, which are the subject of separate agreements.
2.
Permitted Use. You have a
nonexclusive, nontransferable, limited, revocable right to use the Web
site solely for Your informational use in evaluating the Company and
its products and services. You may not use the Web site for any other
purpose without the Company�s express prior written consent, including,
without limitation, any commercial purpose. For example, You may not
and may not authorize any other person or entity (�Person�) to (i)
frame the Web site or any portion thereof (whereby the Web site or a
portion thereof will appear on a user�s screen with a portion of
another web site, or with content or advertising of any Person without the
Company�s consent), or (ii) Co-brand the Web site or any portion
thereof. "Co-branding" means the display of a name, logo,
trademark, or other means of attribution or identification of any
Person in such a manner reasonably likely to give a user of the Web
site the impression that such the Person is associated or affiliated
with the Company, or has the right to display, publish, transmit or
distribute the Website or content accessible within the Web site. In
addition, You may not and may not authorize any Person to link to any
part of the Web site without the Company�s prior written consent. You
agree to cooperate with the Company in causing any unauthorized
framing, Co-branding, linking or similar activity to immediately cease.
You may not take any action that violates our Acceptable Use Policy.
3.
Proprietary Information. You
acknowledge and agree that as between the Company and You, the Company
is the owner of all right, title and interest in the Web site and all
content accessible within the Web site (the "Content"),
including, without limitation, all trademarks, service marks, trade
names, patent rights, copyrights, and other intellectual property or
proprietary rights with respect thereto. You will not reproduce,
transmit, publish or distribute sublicense or otherwise transfer or
make available to others, or edit, modify or create any derivative
works of all or any part of the Web site or the Content, without the
express written consent of the Company, other than limited printed
copies of materials that you may need for Your own use and that
contains all of the Company�s copyright and other notices. Without
limiting the generality of the foregoing, You will not use any
systematic retrieval process including without limitation, scrapers,
robots, or bots, to collect, create, or compile Content or other data
from the Company Web site.
4.
Disclaimer. You will
have access to a variety of third party sources of content through the
use of the Web site and the Internet. The Company has made no effort to
verify the accuracy or suitability of any information contained in any
such sources, including, without limitation, any other website that you
can link to from the Web site. Accordingly, the Company has no
liability or responsibility whatsoever for any content provided by any
other Person contained on or obtained through the Web site. You
acknowledge and agree that any access, use or reliance on any such
third party content is at Your own risk. You understand that, except
for information, products or services clearly identified as being
supplied by the Company, the Company does not operate, control or
endorse any information, products or services of any other Person on
the Web site or the Internet in any way. You also understand and agree
that the Company does not guarantee or warrant that files available for
downloading from the Web site or through the Internet will be free of
infection or viruses, worms, Trojan horses or other malicious code that
may adversely effect You, Your computer or computer systems or Your
data or files. In addition, You are responsible for implementing
sufficient procedures and checkpoints to satisfy Your particular
requirements for accuracy of data input and output, and for maintaining
a means external to the Website for the reconstruction of any lost
data.
5.
ACCESS TO AND YOUR USE OF THE WEB
SITE AND ANY INFORMATION OR SERVICES CONTAINED THEREIN ARE PROVIDED �AS
IS.� THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
NATURE OR DESCRIPTION EXPRESS, IMPLIED OR STATUTORY WITH RESPECT TO
YOUR USE OF THE WEB SITE OR THE CONTENT CONTAINED THEREIN, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ARISING THROUGH
COURSE OF DEALING, USAGE OR TRADE PRACTICES, AND THE COMPANY HEREBY
DISCLAIMS THE SAME.
6.
Privacy Policy. The
Company collects, stores and uses data collected from You in accordance
with the Company�s Privacy Policy.
7.
Limitation on Liability. THE
COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY
KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN
AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS,
SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND
DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT,
IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN
THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF
WHICH LIABILITY AROSE.
8.
Indemnity. You will
indemnify and hold the Company, its licensors, content providers,
service providers, employees, agents, officers, directors and
contractors (the "Indemnified Parties") harmless from Your
breach of any of these Terms And Conditions or any other terms,
conditions, policies or procedures contained on the Web site,
including, without limitation, any use of Content other than as
expressly authorized in these Terms and Conditions. You agree that the
Indemnified Parties will have no liability in connection with any such
breach or unauthorized use, and You agree to indemnify and hold
harmless the Indemnified Parties from any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys� fees in
connection therewith. You will also indemnify and hold the Indemnified
Parties harmless from and against any claims brought by third parties
arising out of Your use of the information accessed from the Web site.
9.
Trademarks. Power
Solutions Limited� is a registered trademark, and the Power Solutions
Limited logo and other Power Solutions Limited marks appearing on the
Web Site are either registered or unregistered trademarks of the
Company. Other trademarks, service marks and logos appearing in this
Web site are the property of either the Company, its content providers
or other third parties. The Company, its content providers and such
third parties retain all rights with respect to any of their respective
trademarks, service marks or logos.
10. Miscellaneous.
a.
Headings. The
headings of sections of these Terms and Conditions are for ease of
reference only and shall not be admissible in any action to alter,
modify or interpret the contents of any section hereof.
b.
Governing Law and Jurisdiction. The
validity and effect of these Terms and Conditions shall be governed by
and construed and enforced in accordance with the laws of the State of Georgia, without
regard to its conflicts of laws principles. The parties expressly
disclaim application of the United Nations Convention on Contracts for
the International Sale of Goods. ANY SUIT, ACTION OR PROCEEDING
CONCERNING THE WEB SITE, ITS USE, THESE TERMS AND CONDITIONS, OR
CONCERNING ANY OTHER POLICY OR PROCEDURE OF THE COMPANY REGARDING USE
OF THE WEBSITE, MUST BE BROUGHT IN A STATE OR FEDERAL COURT LOCATED IN
FULTON COUNTY, GEORGIA, AND YOU HEREBY IRREVOCABLY CONSENT TO THE
JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS
THERE FROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING; AND YOU IRREVOCABLY
WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION
WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY
SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH
SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN
BROUGHT IN AN INCONVENIENT FORUM.
c.
Entire Agreement; Amendments. These
Terms and Conditions, together with the Acceptable Use Policy and the
Privacy Policy, supersede any prior discussions, negotiations and
agreements between the parties with respect to the subject matter
hereof, and these Terms and Conditions, together with the Acceptable
Use Policy and the Privacy Policy, constitute the sole and entire
agreement between the parties with respect to the matters covered
hereby.
d.
Severability. The
provisions of these Terms and Conditions may be exercised and are
applicable and binding only to the extent that they do not violate any
applicable laws and are intended to be limited to the extent necessary
so that they will not render these Terms and Conditions illegal,
invalid or unenforceable. If any provision or portion of any provision
of these Terms and Conditions are held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, the remaining
provisions or portions thereof shall apply with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
e.
Waiver. No failure
or delay on the part of the Company to exercise any right or remedy
hereunder shall operate as a waiver thereof, nor shall any single or
partial exercise of any right or remedy by the Company preclude any
other or further exercise thereof or the exercise of any other right or
remedy. No express waiver or assent by the Company to any breach of or
default in any of these Terms and Conditions shall constitute a waiver
of or an assent to any succeeding breach of or default in the same or
any other term or condition hereof.
Copyright 2003, Power Solutions Limited
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