Terms And Conditions
Last updated May 25, 2018
The Emerson Process Management Power & Water Solutions, Inc., (Emerson) Ovation Users' Group (Users Group) Website (the "Website") is an on-line information and communication service supported by EMERSON for the registered WDPF™ and Ovation ™ product users (Users). The Executive Board of the Ovation Users' Group (the Executive Board) participates in the development and administration of the Website. Use of the Website is subject to your compliance with the terms and conditions set forth below. EMERSON and the Executive Board developed and administer the Website solely for informational purposes. The Website contents are provided "as-is". EMERSON and the Executive Board disclaim any liability or warranty for any services or products available through the Website. The terms and conditions set forth below do not change any agreements with EMERSON.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE SUBSCRIBING TO THE SERVICE. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE WEBSITE. EMERSON MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Use of the Website
You understand that, except for information, products or services clearly identified as being supplied by EMERSON, EMERSON does not operate, control, or endorse any information, products, or services on the Website in any way. You also agree that EMERSON cannot and does not guarantee or warrant files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or other destructive properties. 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.
2. Warranty and User Responsibility
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE. EMERSON DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE WEBSITE OR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED THROUGH THE WEBSITE. EMERSON SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, PRODUCTS AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE. EMERSON DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. THE WEBSITE AND THE INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED ON AN "AS-IS, AS AVAILABLE" BASIS.
YOU UNDERSTAND FURTHER THAT THE WEBSITE CONTAINS UNEDITED MATERIALS. YOU ACCESS SUCH MATERIALS AT YOUR OWN RISK. EMERSON HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
3. Damages and Risk of Loss
In no event will EMERSON be liable for: (I) Any incidental, consequential, or indirect damages (including but not limited to, damages for loss of profits, business interruption, and the like) arising out of the use of or inability to use the Website, or any information, or transactions provided on or carried out over the Website or downloaded from the Website, even if EMERSON or its authorized representatives have been advised of the possibility of such damages; or (II) Any claim attributable to errors, omissions, or other inaccuracies in the Website and/or materials or information downloaded through the Website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, EMERSON's liability is limited to the greatest extent permitted by law.
4. COPYRIGHTS AND IDEA SUBMISSIONS
The entire contents of the Website are copyrighted under the United States copyright laws. The owner of the copyright is EMERSON or another third-party information provider, where appropriate. You may print and/or download portions of materials from different areas of the Website solely for your own non-commercial use. Access to the Executive Board area of the Website requires an additional security privileges authorized by the Users Group Executive Board. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of EMERSON or any third-party information provider to the Website.
You agree not to change or delete any proprietary notices from materials downloaded from the Website. You grant EMERSON the right to use your name in connection with the materials you submit to public areas of the Website (such as bulletin boards, discussion groups, and forums) and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against EMERSON for any alleged infringement or misappropriation of any proprietary right in your communication to us.
You agree to indemnify, defend, and hold harmless EMERSON, its shareholders, officers, directors, agents, licensors, suppliers, and any third-party information providers (including the Executive Board) to the Website from and against all costs, including but not limited to expenses, damages, and attorneys fees resulting from any violation of these Terms and Conditions or any activity related to your user ID and password including negligent or wrongful conduct by you or any other person accessing the Website via your user ID and password.
6. THIRD PARTY RIGHTS
The provisions of Articles 1 (Use of Website), and 5 (Indemnification) are for the benefit of EMERSON, its shareholders, officers, directors, agents, licensors, suppliers, and any third party information providers (including the Executive Board) to the Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly to you on its own behalf.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of Articles 1 (Use of Website), 3 (Damage and Risk of Loss), 4 (Copyrights and Idea Submission), 5 (Indemnification), 6 (Third Party Rights) and 9 (Miscellaneous) shall survive any termination of this Agreement.
8. EXPORT RESTRICTIONS
Information obtained from the EMERSON Website, including software supplied by EMERSON and/or Website users, is subject to the export regulations of the United States and other countries with jurisdiction over the information. By obtaining such information you agree to not disclose, ship, transmit, or otherwise transfer such information to destinations which are unauthorized by the export regulations of the United States or other countries with jurisdiction over the information.
This Agreement shall be governed and interpreted in accordance with the laws of the commonwealth of Pennsylvania, USA, applicable to agreements made and to be performed in Pennsylvania, excluding both its rules or laws regarding choice or conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. You agree that any legal proceeding between EMERSON and you for any purpose concerning this Agreement or the parties' obligations thereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Pennsylvania. EMERSON's failure to insist on strict performance of any article within this Agreement shall not be construed as a waiver of any article or right. Neither the course of conduct between the parties nor trade practice shall act to modify any article of this Agreement. EMERSON may assign its rights and duties under this Agreement to any party at any time without notice to you.
10. OPERATING GUIDELINES
The Ovation Users' Group Website is an on-line communications vehicle. Certain areas of the Website (i.e., forums and message boards) are not edited, censored or otherwise controlled by EMERSON or the Users Group Executive Board. Neither EMERSON or the Executive Board can screen content provided by users of the Website. Notwithstanding the previous, EMERSON reserves the right to monitor content on the Website and to remove content which EMERSON or the Executive Board determines to be harmful, offensive, or otherwise in violation of the following Operating Guidelines. In order to maintain an informative and valuable Website that meets the needs of the users of the Website, and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or are otherwise harmful, it is necessary to establish the following guidelines to protect against abuse:
- You may not post or transmit any message anonymously or under a false name.
- You may not post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person. You may not post or transmit any message, data, image, or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image, or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential or proprietary information, and trade marks, or service marks used in an infringing fashion.
- You may not interfere with other uses of the Website.
- You may not knowingly post or transmit any file which contains viruses, worms, Trojan horses, or any other willfully contaminating or destructive features.
- You may not post or transmit any message which is harmful, threatening, abusive or hateful. It is not the intent of EMERSON or the Executive Board to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, EMERSON and/or the Executive Board reserves the right to take such action as it deems appropriate in cases where the Website is used to disseminate statements which in its opinion are deeply and widely offensive and/or harmful.
- You may not post or transmit charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes. You may not post or transmit any advertising, promotional materials or any other solicitations of other users of the Website for information, products or services except in those areas (i.e., classified discussion group areas) that are designated solely for that purpose.
- You may not post or list articles which are off-topic according to the purpose of the group as defined in Article II, 'Purpose' of the Ovation Users' Group Bylaws, or send unsolicited mass emailing to more that twenty-five email users, if such unsolicited emailing provoke complaints from the recipients.
You may not use the facilities and capabilities of the Website to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
11. ONLINE FORUMS
If you post a message on the Website forum, that message may include personally identifiable information about yourself. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other Website Users or parties. By default your name will be displayed next to your post.
Please follow the link to read our privacy notice.
Please follow the link to read our cookie notice
14. WEBSITE LINKS
The Website may contain links to other websites 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.