Please read these terms and conditions (the “Terms”) carefully before using the Esys® The Energy Control Company™ Web site (“Site”). By using the Site you signify your consent to these Terms. If you do not agree to the Terms please do not use the Site. The Terms addresses your legal rights and obligations and includes important disclaimers and choice of law and forum provisions. Please read carefully. The Terms apply to all web sites of the Esys® The Energy Control Company™ Group, including sites for registered users.
Ownership Of The Site
The Site is owned and operated by Esys® The Energy Control Company™.
Please feel free to browse through the Site. Esys® The Energy Control Company™ grants you permission to view this Site and to print or download material displayed on the Site for your own personal, non-commercial use, provided that without reservation whatsoever you agree to and accept the terms and conditions set forth in this agreement and provided that you respect all orders and notices regarding copyright, trademark and other ownership. You must not, however, without prior consent in writing from Esys® The Energy Control Company™ in any way copy, reproduce, upload, reforward or distribute the contents of this Site, including text, images, audio and video for public or commercial purposes. Likewise, you must not place the contents from this Site in frames of any third party’s sites (ban on framing). Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition as a condition of your use of this Site, you represent and warrant to Esys® The Energy Control Company™ that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices.
Any communication or material that you might send to the Site by e-mail or otherwise is, and will be treated as non-confidential and non-proprietary information. Esys® The Energy Control Company™ may use anything you send for any purpose. You are prohibited in any form from sending or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, or pornographic material or any other material violating the law.
Links To Third-Party Sites
Esys® The Energy Control Company™ may provide hyperlinks to third party sites. The linked sites are not under the control of Esys® The Energy Control Company™ and in no way is Esys® The Energy Control Company™ responsible for the contents of any such linked site or for the contents of any site linked to such linked site. Esys® The Energy Control Company™ does not sanction companies or products to which it may provide hyperlinks, and Esys® The Energy Control Company™ reserves the right to express that on its Site. Esys® The Energy Control Company™ reserves the unilateral right to delete any link or linking program at any time. If you decide to access any of the third party sites linked to this Site, you do so at your own risk. Third parties may only provide hyperlinks to the Esys® The Energy Control Company™ main homepage. Any links to underlying sites require prior consent in writing from Esys® The Energy Control Company™.
Esys® The Energy Control Company™ takes great care in creating and maintaining this Site, and in providing accurate and up-to-date content such as, but not limited to, price quotations and product descriptions. However, the content of this Site is subject to frequent modifications without prior notice. Therefore, Esys® The Energy Control Company™ does not guarantee the correct and actual status of said content. The visitors to the Site accept Esys® The Energy Control Company™' exoneration of any liability whatsoever for the content of the Site, the software on the Site or for any use made of it.
The texts, layout, drawings, databases and other items on this Site, as well as the Site itself, are protected by copyright and by the right of the producer of the database. Some of the names, signs and logos on this Site are protected trademarks or trade names. Nothing contained on the Site should be construed as granting any license or right to use any trademark, displayed on the Site without the written permission from Esys® The Energy Control Company™ or such third party that may own the trademarks displayed on the Site. Any copy, adaptation, translation, arrangement, modification, or any use whatsoever of the whole or of any part of this Site of its protected elements, in any form and by any means, is strictly prohibited.
Your use of and your browsing through this Site are at your own risk. Esys® The Energy Control Company™ does not warrant that the software used on this Site, that the information, the on-line applications, or any other services provided by means of this Site are error-free, or that the use of them will be uninterrupted. Esys® The Energy Control Company™ expressly disclaims any liability related to the above including without limitation liability for accuracy, operationability, marketability and suitability for particular purposes. Anything to the contrary on this Site notwithstanding, Esys® The Energy Control Company™ shall under no circumstances be liable for any loss of profits, revenues, indirect, special, incidental, consequential or any similar form of damage arising out of or in connection with this Site or out of the use of any of the services mentioned on this Site.
MATERIAL AND CONTENTS ON THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF AN ARTICLE BEING MARKETABLE, WITHOUT INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR SUITABILITY FOR ANY PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL Esys® The Energy Control Company™ BE LIABLE FOR ANY DAMAGE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CONSEQUENTIAL LOSS, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR OF THE INABILITY TO USE THE MATERIAL. THIS APPLIES EVEN THOUGH Esys® The Energy Control Company™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY TO PAY DAMAGES. As some jurisdictions prohibit the exclusion or limitation of liability for consequential and or accidental damage, the above limitation may not apply to you. Furthermore, Esys® The Energy Control Company™ does not warrant the correctness or completeness of information under linked websites made available by third parties.
While Esys® The Energy Control Company™ will use its best efforts to fulfill all orders, Esys® The Energy Control Company™ cannot guarantee the availability of any particular product displayed on this Site. Esys® The Energy Control Company™ reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, which may be provided to you in order to access specified areas within the Site. You may not sublicense, assign or transfer any licenses granted by Esys® The Energy Control Company™, and any attempt at such sublicense, assignment or transfer shall be null and void. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from such software.
Applicable Law and Venue
This Site resides on a server in San Jose and Fremont, California. You accept that these Terms and your use of this Site are governed by the laws of California and the United States in force at any time.
You hereby accept the exclusive jurisdiction and venue of the courts, agencies and other organizations to hear disputes in California in any dispute (a) arising out of, relating to, or concerning this Site and/or these Terms, in which (b) this Site and/or these Terms is/are a point at issue or a material fact, or in which (c) this Site and/or these Terms is/are referred to, is/are mentioned in a document filed in a court, arbitration tribunal, agency or other organization to hear disputes. Esys® The Energy Control Company™ has endeavored to comply with all legal requirements known to Esys® The Energy Control Company™ in creating and maintaining this Site, but Esys® The Energy Control Company™ does not warrant that material on this Site is appropriate or available for use in any particular jurisdiction. You yourself are responsible for compliance with prevailing statutory law. Any use in contravention of this provision or any provision of these Terms is for your own account and risk. If parts of these Terms are invalid or unenforceable under prevailing statutory law, such invalid or unenforceable provisions will be deemed superseded by valid, nforceable provisions that come closest to matching the intent of the original provisions and the remainder of these Terms shall govern such use.