1.Intellectual Property Generally
Yokogawa prohibits the use (including without limitation, duplicating, altering, modifying, posting, transcribing, transmitting, selling, publishing and reciting) of such Information, without prior permission in writing from Yokogawa, except when use of the Web site is for private, non-profit purposes or is authorized by law. For cases of using the Web site beyond the scope of copyright described above, contact us.
All the brands or names of Yokogawa\'s products used in this Web site are either trademarks or registered trademarks of Yokogawa, its parent, or affiliated companies. All other Yokogawa and product names mentioned in this Web site are trade names, trademarks or registered trademarks of their respective companies.
4.Web Site Links
5.Representative and Supplier Portals
Certain areas of the Web site are password protected (“Portal Areas”). You agree not to enter or attempt to enter such areas 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 the Portal Areas. In the event of a conflict, the terms and conditions on the Portal Areas will supercede these terms with respect to Information in the Portal Areas.
Yokogawa grants you a limited license to access and make personal use of the Web site 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 Web site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Web site 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 Web site or any portion of this Web site 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 Web site 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 Web site. You will not take any action that imposes an unreasonable or disproportionately large load on Yokogawa’s infrastructure.
You agree (i) to comply with all applicable laws and regulations regarding your use of this Web site 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 Web site 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 Web site 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 Web site 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 Web site will not be permitted. You agree not to use this Web site unless you are over age 13.
8.Disclaimer, Limit on Liability, Indemnity
USE OF THIS WEB SITE OR ANY OF THE INFORMATION IS AT YOUR OWN RISK. THIS WEB SITE AND THE INFORMATION ARE PROVIDED “AS-IS” AND “AS-AVAILABLE.” YOKOGAWA HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE WEB SITE 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. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT MAY VARY BY JURISDICTION.
YOU HAVE THE SOLE RESPONSIBILITY FOR VERIFYING THE COMPLETENESS, ACCURACY, RELIABILITY, QUALITY AND TIMELINESS OF ALL INFORMATION AND SERVICES MADE AVAILABLE ON THIS WEB SITE. YOKOGAWA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES OR MATERIALS MADE AVAILABLE THROUGH LINKED WEB SITES. YOKOGAWA MAKES NO REPRESENTATION OR WARRANTY THAT USING THIS WEB SITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. YOKOGAWA IS NOT RESPONSIBLE FOR THE CONTENT OF ANY WEB SITES LINKED TO THIS WEB SITE. LINKING TO OTHER WEB SITES FROM THIS WEB SITE IS AT YOUR OWN RISK.
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 WEB SITE 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 WEB SITE OR THE INFORMATION), ARISING OUT OF YOUR USE OF THE WEB SITE OR ANY INFORMATION, BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. 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 attorney’s fee) that Yokogawa may suffer or incur as a result of any claim attributable to or based upon your use of this Web site or any of the Information. If for any reason you are not satisfied with this Web site or the Information, your sole remedy is to cease using this Web site or the Information.
Nothing in these terms and conditions will be construed to make Yokogawa or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have, or represent itself to have, any authority to bind another to any obligation.
In the event you breach or threaten breach of this Agreement, 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.
10.Severability; Governing Law
If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. Yokogawa controls and operates this Web site from our offices in Newnan, Georgia. These terms and conditions, and your use of the Web site, will be governed by and interpreted in accordance with the laws of the State of Georgia, U.S.A, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in the Northern District of Georgia. You hereby consent to the personal jurisdiction of the State of Georgia, acknowledge that venue is proper in any state or Federal court in the State of Georgia, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These terms and conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this Web site and the Information and supersedes all other agreements with respect to the subject matter hereof.