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Yokogawa Canada, Inc.

Canada

Worldwide Locations

Terms of Use

PLEASE READ CAREFULLY. THE FOLLOWING CONSTITUTES A LEGAL AND BINDING CONTRACT BETWEEN YOU AND YOKOGAWA CANADA ("Yokogawa", "we", "us" or "our"). ANY PERSONAL INFORMATION SUBMITTED BY YOU TO YOKOGAWA WILL BE SUBJECT TO THE PRIVACY POLICY FOR THIS WEBSITE.

1. Website Terms of Use
The website located at www.yokogawa.com/ca (the "Website") is run by Yokogawa or its proxy. By using the Website you are agreeing to these legal terms and conditions (the "Terms of Use"). Use the Website only if you agree with the Terms of Use. We reserve the right to modify these Terms of Use at any time without prior notice by posting such modifications or modified Terms of Use on the Website. Your continued access or use of the Website after such modifications have been posted indicates your acceptance of and agreement to be bound by these Terms of Use as modified. You agree to regularly review these Terms of Use. Except as may be expressly authorized by us, any reproduction, modification or distribution of the Website materials or content is strictly prohibited. We reserve the right to modify, change, discontinue or suspend the Website in whole or in part, at any time, without prior notice to you. Yokogawa or any of its respective employees, agents, officers, directors or service providers shall not be liable to you or any third party should we exercise this right.

2. Intellectual Property Generally
The Website contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound (the "Information"), and the Information is copyrighted under copyright laws and international treaties. Yokogawa owns all right, title and interest in the Website, including all associated market data and information, and you acquire no interest therein. You are not granted any rights in or to this Website or any Information, other than the limited right described in these Terms of Use and any policies and procedures that Yokogawa may adopt and make available on this Website from time to time, including the Privacy Policy referenced above and below.

3. Copyright Notice
Yokogawa prohibits the use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing and reciting) of any Information, without prior permission in writing from Yokogawa, except when use of the Website is for private, non-profit purposes or is authorized by law. For cases of using the Website beyond the scope of copyright described above, contact us at info@us.yokogawa.com.

4. Registered Trademarks
All the brands or names of Yokogawa's products used in this Website are either trademarks or registered trademarks of Yokogawa, its parent, or affiliated companies. All other Yokogawa and product names mentioned in this Website are trade names, trademarks or registered trademarks of their respective companies. Nothing in these Terms of Use or on the Website shall be construed as granting, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any marks or names of Yokogawa. The names of other companies, products or services referred to on the Website may be trademarks or trade names of their respective owners. Any unauthorized use of the trademarks or trade names of Yokogawa or of third parties is strictly prohibited.

5. Website Links
Some parts of this Website contain links to third-party websites ("Linked Websites"), and some third-party websites contain links to this Website. The contents of such Linked Websites are managed by their respective third parties under their responsibility, and should not be construed as being run by Yokogawa. Thus, the contents of each Linked Website should be used in compliance with the terms of use stated therein. Yokogawa shall not be held liable for the contents of any such Linked Website, nor any sort of damage incidental to the use of any such Linked Website. Furthermore, any link to this Website should not be construed as a suggestion, recommendation or encouragement by Yokogawa of the use of that Linked Website, or as an endorsement of the products, services or company described therein. Furthermore, any such link should not be construed as meaning that a special relationship, such as a business partnership, exists between Yokogawa and the party running the Linked Website. Linked Websites are solely responsible for all content that they develop for their websites. Any personal information about you or any other individual collected, used or disclosed by or in connection with the Linked Websites will be subject to the privacy policies of the owners or operators of such Linked Websites, and not Yokogawa. You may not frame this Website or link to this Website without our express permission. If you wish to link to this Website please contact us at info@us.yokogawa.com.

6. Representative and Supplier Portals
Certain areas of the Website are password protected ("Portal Areas"). You agree not to enter or attempt to enter any Portal Area unless authorized by Yokogawa. These Portal Areas may have additional terms and conditions governing their use and you agree to be bound by such terms and conditions when you use or access the Portal Areas. In the event of a conflict, the terms and conditions on the Portal Areas will supersede these terms with respect to Information in the Portal Areas.

7. Stock Price Information [NTD: if Website contains stock price information]
Yokogawa does not warrant or guarantee the sequence, accuracy or completeness of any stock price information contained in the Website or accessible through the Website, and is not liable or responsible in any way for delays, inaccuracies, errors or transmission of stock price information. Any and all stock price information provided is not to be relied upon for any trading, business or financial purpose and Yokogawa shall not be liable or responsible to you or any other person in any way for any claims, suits, demands, damages, losses or costs arising from reliance upon this information or incurred as a result of the non-performance, interruption or termination for any reason whatsoever of the stock price information and, should you choose to do so, you engage in such reliance solely at your own risk.

8. No Solicitation
Material contained in or accessible through this Website is for information purposes only and is not intended to and does not constitute an offering of securities in any jurisdiction. Yokogawa does not assume any duty of disclosure beyond what which is required by applicable law. Yokogawa is subject to the securities laws of various jurisdictions. Any information disclosed or provided by us pursuant to the securities laws of those jurisdictions is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in, through, or on this Website.

9. Investment Decisions
The information set out in this Website should not be used for the purpose of making investment decisions with respect to Yokogawa's securities. If you are contemplating trading in Yokogawa's securities, you should review Yokogawa's publicly filed disclosure documents and contact your securities broker or financial advisor.

10. Forward-Looking Statements
This Website (and the documents and information accessible through the Website) may contain forward-looking statements, including management's assessment of Yokogawa's future plans and operations. By their nature, forward-looking statements involve numerous assumptions, risks and uncertainties, some of which are beyond Yokogawa's control. These include, but are not necessarily limited to: the impact of general economic conditions, industry conditions, volatility of commodity prices, currency fluctuations, environmental risks, competition from other industry participants, the lack of availability of qualified personnel or management, stock market volatility and ability to access sufficient capital from internal and external sources. These and other factors contribute to the possibility that the predictions, forecasts, projections and various future events will not occur. Readers are cautioned that the assumptions used in the preparation of such information, although considered reasonable at the time of preparation, may prove to be imprecise and, as such, undue reliance should not be placed on forward-looking statements. Yokogawa's actual results, performance or achievement could differ materially from those expressed in, or implied by, these forward-looking statements, and accordingly, no assurance can be given that any of the events anticipated by the forward-looking statements will transpire or occur, or if any of them do so, what benefits Yokogawa will derive therefrom. Further discussion of risks, uncertainties and other factors that negatively affect the reliability of the forward-looking information are discussed in our public filings. We further caution that information contained on, or accessible through, this Website is current only as of the date of such information and may be superseded by subsequent events. Yokogawa undertakes no obligation to update, edit, publish or otherwise revise any documents or information available through the Website, including any forward-looking information, whether as a result of new information, future events or other factors.

11. Access Rights
Yokogawa grants you a limited license to access and make personal use of the Website in order to obtain information about, and/or to purchase Yokogawa's products or services. Yokogawa also grants you a license to use any Yokogawa products or services which you purchase. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, modified or otherwise exploited for any commercial purpose without express written consent of Yokogawa. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yokogawa without our express written consent. You may not use any meta tags or any other "hidden text" utilizing Yokogawa's name or trademarks without our express written consent. Any unauthorized use of the Website terminates the permission and license granted by Yokogawa. You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website. You will not take any action that imposes an unreasonable or disproportionately large load on Yokogawa's infrastructure.

12. Your Obligations
You agree (i) to comply with all applicable laws and regulations regarding your use of this Website and the Information, (ii) not to retransmit, publicly display, sell or use the Information provided other than solely for your internal business purposes, (iii) not to alter or remove any of the Information or any consent or other proprietary notice or legend on any of the Information, (iv) not to post or transmit through the Website any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law, (v) not to post or transmit through the Website any material which contains advertising or any solicitation with respect to products or services without Yokogawa's express prior approval, and (vi) not to use the Website to advertise or perform any commercial solicitation. Any conduct by you that in Yokogawa's discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. You agree not to use this Website unless you are over age 13.

13. Disclaimer, Limit on Liability, Indemnity
USE OF THIS WEBSITE OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS WEBSITE AND THE INFORMATION ARE PROVIDED "AS-IS", "AS-AVAILABLE" AND "WHEN AVAILABLE." YOKOGAWA HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEBSITE AND THE INFORMATION, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, SATISFACTION, FITNESS FOR PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, RELIABILITY, QUALITY, TIMELINESS, UNINTERRUPTED USE, TITLE AND NON-INFRINGEMENT. YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEBSITE. YOKOGAWA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE THROUGH LINKED WEBSITES. YOKOGAWA MAKES NO REPRESENTATION OR WARRANTY THAT USING THIS WEBSITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. YOKOGAWA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE. LINKING TO OTHER WEBSITES FROM THIS WEBSITE IS AT YOUR OWN RISK. THE DOWNLOADING, READING AND REVIEW OF MATERIAL FROM THE WEBSITE OR LINKED WEBSITES IS DONE SOLELY AT YOUR OWN RISK. YOKOGAWA DOES NOT GUARANTEE OR WARRANT THAT SUCH MATERIALS ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE OR CONTENT OF ANY KIND. YOU ARE RESPONSIBLE FOR IMPLEMENTING SAFEGUARDS TO PROTECT YOUR COMPUTER SYSTEM AND DATA AND YOU ARE SOLELY RESPONSIBLE FOR THE ENTIRE COST OF ANY SERVICE, REPAIRS OR CORRECTIONS NECESSARY AS A RESULT OF THE USE OF THE WEBSITE OR ANY LINKED WEBSITE. YOU HEREBY IRREVOCABLY RELEASE YOKOGAWA FROM ANY AND ALL LIABILITY FOR ANY DAMAGE, LOSS, LIABILITY OR EXPENSE THAT YOU MAY SUFFER OR INCUR AS A RESULT OF OR ARISING FROM YOUR USE OF THIS WEBSITE OR THE INFORMATION. UNDER NO CIRCUMSTANCES WILL YOKOGAWA BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, BASED ON YOUR CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR LOSS OF DATA, GOODWILL, PROFITS, USE OF MONEY, INTERRUPTION IN USE OR AVAILABILITY OF THE WEBSITE OR THE INFORMATION), ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. IN NO EVENT WILL BE CUMULATIVE LIABILITY OF YOKOGAWA ARISING OUT OF OR RELATED TO THESE TERMS OF USE EXCEED CDN. $10.00. THIS PARAGRAPH WILL NOT APPLY ONLY WHEN AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES LIABILITY BEYOND AND DESPITE THE FOREGOING DISCLAIMER AND LIMITATION. You agree to defend, indemnify and hold Yokogawa harmless from and against any damage, loss, liability or expense (including reasonable legal fees) that Yokogawa may suffer or incur as a result of any claim attributable to or based upon your use of this Website or any of the Information. If for any reason you are not satisfied with this Website or the Information, your sole remedy is to cease using this Website or the Information. You agree that you will not rely on any opinion or other information set out in the Website or any website accessible through the Website when making business, financial, personal or any other decisions. Yokogawa does not endorse the opinions of any third party expressed on the Website or any website accessible through the Website. Nothing in these Terms of Use will be construed to make Yokogawa or its business associates, customers or you an agent, employee, partner, or legal representative of any of the others, nor will anything in these Terms of Use be construed to give rise to a franchisee-franchisor or joint venture relationship between such parties. No such party will either have, or represent itself to have, any authority to bind another to any obligation.

14. Injunctive Relief
In the event you breach or threaten breach of these Terms of Use, you acknowledge and agree that Yokogawa will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, Yokogawa may apply to any court of competent jurisdiction accepting jurisdiction under this specific provision, who, regardless of the Governing Law provision, will apply the laws of its own jurisdiction in determining whether Yokogawa will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding Yokogawa's rights to relief either in law or at equity.

15. Governing Law
The laws of the Province of Alberta and any applicable federal laws of Canada shall govern your use of the Website and the interpretation of these Terms of Use. The courts of the Province of Alberta, without regard to their conflicts of laws provisions, shall have exclusive jurisdiction over any dispute arising out of your use of this Website. Regardless of your physical location, residence or domicile, you undertake and agree to commence no action nor make any claim of any kind in any jurisdiction other than the courts of the Province of Alberta and you expressly undertake and agree to not commence or pursue any action by way of class action.

16. Privacy Policy
We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. Please read our Privacy Policy. It is incorporated into these Terms of Use by this reference.

17. General
These Terms of Use, any and all other notices, policies and statements contained on the Website constitute the entire agreement between Yokogawa and you. These Terms of Use cannot be modified except as described elsewhere herein. These Terms of Use supersede anything in the Website or any prior communication with you inconsistent with these Terms of Use. No waiver of any of these Terms of Use, or any term or condition herein, shall be deemed a further or continuing waiver of any such term or condition or any other term or condition. If in any jurisdiction, any part of these Terms of Use is held to be unenforceable by a court of competent jurisdiction, such part of these Terms of Use shall be restricted or eliminated to the minimum extent necessary and the remaining Terms of Use shall otherwise remain in full force and effect.