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ATTENTION: PLEASE READ ALL THESE PROVISIONS ("TERMS")
CAREFULLY BEFORE USING THIS WEB SITE. USING THIS WEB SITE INDICATES
YOUR AGREEMENT AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEB SITE OR DOWNLOAD MATERIALS FROM
THIS SITE.
The Site and its Use
The Emerson Electric Co. ("Emerson
Electric") Web site is owned and provided by Emerson Electric from
its offices in St. Louis, Missouri. The Web sites of Emerson
Electric's subsidiaries and affiliated companies are each owned and
provided by such subsidiaries and companies. For purposes herein,
Emerson Electric and its subsidiaries and affiliated companies are
collectively referred to as "Emerson." The applicable Web site or
sites are referred to herein as the "Site." Each Site is provided
for your personal information and non-commercial use. Please feel
free to browse the Site; however, your access to and use of the Site
is subject to these Terms and all applicable laws.
You shall use the Site for lawful purposes only. You shall not
post or transmit through the Site any information or material which
violates or infringes, in any way, the rights of others, or which is
unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane, harassing, or otherwise
objectionable. Nor shall you post or transmit through the Site any
information or material which encourages conduct that would
constitute a criminal offense, give rise to liability or otherwise
violate any law or administrative ruling or guidelines, is in
violation of these Terms, or which, without Emerson's prior written
approval, contain advertising or any solicitation with respect to
products or services. Any conduct by you that, in Emerson's opinion,
restricts or inhibits any other user from using or enjoying the Site
will not be permitted.
The Site contains information and materials, including but not
limited to, text, software, photos, video, graphics and audio,
(collectively "Materials") which are derived in whole or in part
from information and materials supplied by Emerson and other
sources, and are protected by international copyright, trademark and
other laws and the entire content of the Site is copyrighted as a
collective work under the United States Copyright Laws. Emerson owns
the copyright in the overall selection, coordination, arrangement
and enhancement of such content, and owns the rights in, or license
to use, the individual components of such content. Materials may not
be copied, reproduced, republished, modified, uploaded, posted,
transmitted or distributed in any way or decompiled, reverse
engineered or disassembled, including but not limited to the text,
images, audio and/or video, as well as any software (including but
not limited to any images or files incorporated in or generated by
the software or data accompanying such software), except that you
may download one copy of the Materials on any single computer for
your personal, non-commercial use only, provided you keep intact all
copyright, trademark and other proprietary notices and make no
change in or deletion of author attribution. This limited
authorization is not a transfer of title in the Materials and by
your use of the Site, you acknowledge that you do not acquire any
license, ownership or other rights to the Materials. Modification of
the Materials or use of the Materials for any other purpose is a
violation of Emerson's or such other sources' copyright, trademark
and other proprietary rights and may violate other laws. The use of
any such Materials on any other Web site or networked computer or
environment is prohibited without Emerson's express written consent.
If you breach any of these Terms, your authorization to use the Site
automatically terminates and you must immediately destroy any
downloaded or printed Materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED
COMMUNICATIONS ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILTY, NON-INFRINGEMENT, OR
FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF
IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN
CIRCUMSTANCES. EMERSON ALSO DOES NOT WARRANT THE ACCURACY OR
COMPETENESS OF THE MATERIALS, INCLUDING BUT NOT LIMITED TO THE
RELIABILITY OF ANY ADVICE, STATEMENT OR OTHER INFORMATION DISPLAYED
OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE BY THE USE OF THE
SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR
INFORMATION SHALL BE AT YOUR SOLE RISK.
EMERSON ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR
ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING
IN THE SITE (INCLUDING ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR
DOWNLOADING OF ANY MATERIALS FROM THE SITE.
Third-Party Sites
Emerson may provide as a convenience
to you, links to Web sites operated by other entities and persons,
but makes no representations whatsoever about any other Web site
which you may access through this one. Any link to a non-Emerson Web
site does not mean that Emerson endorses or accepts any
responsibility for the content, or the use of such Web site. If you
use these sites, you do so at your own risk. Emerson makes no
warranty or representation regarding, and does not sponsor or
endorse, any linked Web sites or the information or materials
appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Emerson is affiliated or
associated with, or that any linked site is authorized to use any
trademark, trade name, logo, or copyright of Emerson.
Third Party Content
Any opinions, statements, services,
offers or other information or content expressed or made available
in the Site by any third party are those of the respective author(s)
or distributor(s) and not of Emerson.
Limitation of Liability
Your use and browsing of the
Site is at your risk. If you are dissatisfied with any of the
Materials contained in the Site, or with any of these Terms, your
sole and exclusive remedy is to discontinue accessing and using the
Site.
UNDER NO CIRCUMSTANCES WILL EMERSON, ITS SUPPLIERS OR OTHER THIRD
PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL,
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER
(INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE
INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS
INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE
OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE,
OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT
NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF
PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES;
INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION;
COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION,
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR
SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE,
STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
EMERSON WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EMERSON SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS,
OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
Emerson's obligations and responsibilities regarding its products
and services are governed solely by Emerson's terms and conditions
of sale or license under which such products and services are sold
or licensed. Copies of such terms and conditions are available from
the applicable Emerson entity.
Year 2000 Information and Readiness Disclosure Act of
1998
Information contained on Emerson's past and present Year
2000 Web site pages regarding products and services offered by
Emerson are "Year 2000 Readiness Disclosures" under the Year 2000
Information and Readiness Disclosure Act of 1998, a U.S. statute.
Information on Year 2000 regarding non-Emerson products and services
are "Republications" under the Act based on information supplied by
other companies and persons about the products and services they
offer. Emerson has not independently verified the contents of these
Republications and takes no responsibility for the accuracy or
completeness of information contained in such republications.
Safe Harbor
The Materials at the Site may contain
various forward-looking statements and which may be based on or
include assumptions, concerning Emerson's operations, future results
and prospects. These forward-looking statements are based on current
expectations and are subject to risk and uncertainties. In
connection with the "safe harbor" provisions of the United States'
Private Securities Litigation Reform Act of 1995, Emerson provides
the following cautionary statement identifying important economic,
political and technology factors which, among others, could cause
the actual results or events to differ materially from those set
forth or implied by the forward-looking statements and related
assumptions.
Such factors include the following: (1) changes in the current
and future business environment, including interest rates and
capital and consumer spending; (2) competitive factors and
competitor responses to Emerson's initiatives; (3) successful
development and market introductions of anticipated products; (4)
changes in government laws and regulations, including taxes; (5)
unstable governments and business conditions in emerging economies;
(6) continuation of the favorable environment to make acquisitions,
domestic and foreign, including regulatory requirements and market
values of candidates.
Information Provided By You
It has been and remains
Emerson's policy not to accept or consider ideas, suggestions or
materials other than those that Emerson has specifically requested
from you. Accordingly, Emerson does not want you to, and you should
not, send any confidential or proprietary information to Emerson
through the Site unless specifically requested by Emerson. Please
note that any unsolicited information or material sent to Emerson
will be deemed not to be confidential or proprietary. By submitting
information and material to the Site, you automatically grant to
Emerson (or warrant that the owner of such information and material
has expressly granted to Emerson) a royalty-free, perpetual,
irrevocable, unrestricted, right and license to use, reproduce,
display, perform, modify, adapt, publish, translate, transmit and
distribute, or otherwise make available to other such information
and material (in whole or in part and for any purpose) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or hereafter developed. You also agree that
Emerson is free to use any ideas, concepts, know-how, or techniques
that you send Emerson for any purpose.
As further provided above, Emerson does not want to receive, and
you are deemed to covenant and agree through the use of the Site not
to provide, any information or materials to Emerson that are
defamatory, threatening, obscene, harassing, in violation of any
law, governmental requirements or otherwise unlawful, or that
incorporate the proprietary information or materials of another
person or entity.
You shall not upload, post or otherwise make available on the
Site any information and material protected by copyright, trademark
or other proprietary right without the express written permission of
the owner of such right(s). You shall be solely liable for any
damages resulting from any infringement of copyright, proprietary
rights, or any other harm resulting from such a submission.
Changes
Emerson reserves the right, in its sole
discretion, to revise these Terms at any time and correct any errors
or omissions in any portion of the Site and Materials. Materials may
also be changed, modified, added, or removed and updated without
notice at any time; however, Emerson is under no obligation to
update Materials. Emerson may also make changes in the products,
services, programs, or prices (if any) described in the Site at any
time without notice. Your continued use of the Site after any change
Emerson makes to the Site will be considered acceptance of those
changes. You should revisit these Terms from time to time to review
the then-current Terms because they are binding on you.
Linking to Site:
Anyone linking to Emerson's Site must
comply with Emerson's guidelines for linking to Emerson's Site and
all applicable laws.
International Users
The Site is administered by Emerson
from its offices in the United States. Materials published at the
Site may refer to products, programs, or services that are not
available in your country. Consult your local Emerson business
contact in this regard. Furthermore, Emerson makes no representation
that the Materials at the Site are appropriate or available for use
at other locations outside of the United States and access to them
from territories where their contents are illegal is prohibited. You
may not use the Site or export information and materials in
violation of the export laws of the United States or any other
country. If you access the Site from a location outside of the
United States, you are responsible for compliance with all
applicable laws.
Governing Law
These Terms shall be governed by the
laws of the State of Missouri, without giving effect to any
principles of conflicts of law. If any provision of this Agreement
and Terms shall be unlawful, void, or for any reason unenforceable
then that provision shall be severable from these Terms and shall
not affect the validity and enforceability of any remaining
provisions.
These Terms constitute the entire agreement between Emerson and
you with respect to your use of the Site. Any cause of action you
may have with respect to your use of the Site must be commenced
within six (6) months after the claim or cause of action arises.
Privacy:
Overview
Emerson is aware of the need to
address Internet privacy issues and we believe you should be aware
of how we intend to treat any information about you that we might
receive on the Internet as a result of your visit to the Site.
Information About Emerson On-Line Visitors
You can
visit Emerson on the Site without telling us who you are or
revealing any information about yourself. Our web servers collect
the domain names, not the e-mail addresses, of visitors. In general,
we gather information about users of the Site collectively in order
to determine, for example, which areas users access more frequently
and which Materials users access the most. This information helps us
to determine what is most beneficial for our users, and how we can
continually create a better overall experience for our users by
improving the content of the Site.
There are times however, when we may need information from you,
such as your name and address. Customarily, the personal information
Emerson obtains is used only to respond to inquiries, to process
orders, product registration or to allow the user to access specific
account information. We may also ask you to voluntarily provide us
with information for market research such as, your interests,
demographics, and experience with our products. Occasionally, we may
make the e-mail addresses of those who provide information available
to other reputable organizations whose products or services we think
you may find interesting.
Cookies
There is a technology called "cookies" which is
an element of data that a Web site can send to your browser which
may then store on your system. Some Site pages use cookies so that
we can better serve you when you return to our Site. You can set
your browser to notify you when you receive a cookie, giving the
chance to decide whether to accept it.
Web Site Links
Emerson's Site may contain links to
other Web sites such as Emerson distributors and sales
representatives. While Emerson tries to link only to sites that
share its high standards and respect for privacy, Emerson cannot
take responsibility for the content or the privacy practices
employed by other sites.
Changes
If at anytime Emerson changes its privacy
commitment, Emerson will post those changes here so that you will
know what information Emerson gathers and how Emerson might use that
information.
© 2002, Emerson Electric Co., All Rights Reserved
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