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Terms of Use

This website is run by PXiSE Energy Solutions, a Yokogawa Company ("PXiSE") or its proxy. By using this website, you are agreeing to these Terms of Use.

Intellectual property

The website contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the website are copyrighted under the United States copyright laws and international treaties (“Information”). You are not granted any rights in or to this website or any Information, other than the limited right described in these Terms and any policies and procedures that PXiSE may adopt and make available on this website from time to time, including the Privacy Policy referenced below.

Copyright notice

PXiSE 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 PXiSE, except when authorized by law. For cases of using the website beyond the scope of copyright described above, contact us.

Registered trademarks

All the brands or names of PXiSE’s products used in this website are either trademarks or registered trademarks of PXiSE, its parent, or affiliated companies. All other PXiSE and product names mentioned in this website are trade names, trademarks or registered trademarks of their respective companies.

Website links

Some parts of this website contain links to third-party websites (hereinafter referred to as “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 PXiSE. Thus, the contents of each linked website should be used in compliance with the Terms stated therein. PXiSE 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 PXiSE 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 PXiSE and the party running the linked website. Linked websites are solely responsible for all content that they develop for their websites.

Representative and supplier portals

Certain areas of the website are password protected (“Portal Areas”). You agree not to enter or attempt to enter such areas unless authorized by PXiSE. 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 supersede these Terms with respect to Information in the Portal Areas.

Access rights

PXiSE grants you a limited revocable license to access and make personal use of the website to in order to obtain information about PXiSE’s products or services. PXiSE also grants you a limited revocable license to use any PXiSE 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 PXiSE. 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 PXiSE without our express written consent. You may not use any meta tags or any other “hidden text” utilizing PXiSE’s name or trademarks without our express written consent. Any unauthorized use of the website terminates the permission and license granted by PXiSE. 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 PXiSE’s infrastructure.

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 PXiSE’s express prior approval, and (vi) not to use the website to advertise or perform any commercial solicitation. Any conduct by you that in PXiSE’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.

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” AND “AS-AVAILABLE.” PXISE 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. 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 WEBSITE. PXISE MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT THE INFORMATION, SERVICES, OR MATERIALS MADE AVAILABLE THROUGH LINKED WEBSITES. PXISE MAKES NO REPRESENTATION OR WARRANTY THAT USING THIS WEBSITE OR THE INFORMATION WILL BE UNINTERRUPTED OR ERROR FREE. PXISE 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.

YOU HEREBY IRREVOCABLY RELEASE PXISE 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 PXISE 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. 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 PXiSE harmless from and against any damage, loss, liability, or expense (including reasonable attorney’s fee) that PXiSE may suffer or incur because 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.

Nothing in these Terms will be construed to make PXiSE 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.

Injunctive relief

In the event you breach or threaten breach of this Agreement, you acknowledge and agree that PXiSE will be greatly and irreparably damaged and the damage will be difficult to quantify. Therefore, PXiSE 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 PXiSE will be granted injunctive or other equitable relief to stop your breach or your threat of breach, without impairing, invalidating, negating or voiding PXiSE’s rights to relief either in law or at equity.

Severability; governing law

If any provision of these Terms is held to be unenforceable, this holding will not affect the validity of the other provisions. PXiSE controls and operates this website from our offices in San Diego, California These Terms, and your use of the website, will be governed by and interpreted in accordance with the laws of the State of California, U.S.A, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in the State of California. You hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any state or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. These Terms constitute the complete and exclusive statement of the Terms, conditions, and representations of the agreement between us with respect to this website and the Information and supersedes all other agreements with respect to the subject matter hereof.

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 by this reference.