Website and webservices Terms of Use Agreement
ALL USERS OF OUR WEB SERVICES ARE RECOMMENDED TO READ THE FOLLOWING CAREFULLY
These terms and conditions of use of our web services apply exclusively to websites owned or managed by Power Engineering srl and its subsidiaries, successors and assigns (hereinafter "Power Engineering"). Please note that certain other Power Engineering services may have additional terms and conditions regarding your use of such services, and nothing in these terms and conditions is intended to modify such additional terms and conditions. FAILURE TO ACCEPT THESE TERMS AND CONDITIONS OF THE WEBSITES WILL CAUSE THE IMPOSSIBILITY OF USING OUR WEB SERVICES. A list of websites managed by Power Engineering can be foundhere.
Without the prior express written authorization of Power Engineering, it is not possible
:- Use any data mining robot ("bot"), hardware or software modules that add a specific feature or service by connecting to an existing larger system (" plug-ins"), or other tools, scripts, applications or data gathering and extraction methods on our sites;
- Use any device, software or hardware to bypass any operational element or to interfere, or attempt to interfere, with the proper working of our websites, servers or activities conducted thereon;
- Take any action that imposes an unreasonable or disproportionately large load on our sites or their network infrastructure or that adversely affects our network or other customers;
- Decompile, reverse engineer, modify, or disassemble any software on or associated with our sites or their network infrastructure;
- Use any meta tag or any other "hidden text" utilizing Power Engineering's name or any Power Engineering trademark without the prior written consent of Power Engineering srl ; or
- Otherwise overcome limited access permissions to our sites, as authorized by Power Engineering.
Power Engineering reserves the right to modify, refuse or delete any information residing on its servers or transmitted to its servers that it, in its sole discretion, deems unacceptable or in violation of these terms and conditions and to suspend or discontinue the service for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of our web services or network infrastructure and/or data display by any person or entity other than the authorized account user is unlawful, and Power Engineering reserves the right to take action legal.
Our websites may contain other proprietary notices, content, or describe products, services, processes, or technologies owned by Power Engineering or third parties. Except as expressly stated herein, nothing contained herein shall be construed as granting you any license or right under any copyright, trademark, patent, right of publicity, or right of privacy or otherwise ownership or intellectual property right of Power Engineering or third parties.
Requirements for linking to our websites
You may link to our websites, subject to the following guidelines:
- You must connect only to our service portal (e.g. SmartNODE or SmartPLC), and not on pages within the portal itself.
- The Power Engineering link must not appear linked to other logos and graphics.
- The Power Engineering link should not be used in any way that implies an endorsement or sponsorship by, or affiliation with, the Power Engineering third party service or their products or services.
- You may only use a hyperlink and you may not use the Power Engineering logo or Power Engineering illustrations or graphics.
- The Power Engineering name and brand must not be associated with unfair, deceptive or defamatory advertising or comments, or used in any way that could damage or compromise our professional reputation, identity and company policies.
Trademarks
Power Engineering and the Power Engineering logo are trademarks pending. Nothing contained on our sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Power Engineering trademark or logo Power Engineering without the prior written consent of Power Engineering or its respective owner.
Consent to Monitoring and Disclosure
Power Engineering has no obligation to monitor the Content and any other information residing on our servers or transmitted to our servers. However, anyone who uses these websites agrees that Power Engineering may periodically monitor the sites and the contents of its servers to (1) comply with any applicable law, regulation or other government request and/or (2) manage websites correctly or to protect itself and its users. Power Engineering reserves the right to modify, refuse or delete any information residing on its servers or transmitted to its servers that it, in its sole discretion, deems unacceptable or in violation of these terms and conditions and to suspend or terminate your access to the websites by users for any operational or governmental reason or violation of these terms and conditions. Unauthorized use of our sites or network infrastructure and/or data viewing by any person or entity other than the authorized account user, is unlawful and Power Engineering reserves the right to take legal action.
Submission of Comments and/or Ideas
We welcome your comments about our sites, products and services ("Comments"). However, we ask that you limit your comments to your experience with our site, products and services. Please do not send unsolicited creative ideas, suggestions, or materials, including but not limited to creative illustration samples, feedback, data, answers, questions, comments, suggestions, plans, ideas for new products, promotions, product names, advertising campaigns, technologies or processes (“Ideas”). The Comments and Ideas that you may submit will in no way prevent the purchase, production or use of products, services, designs and similar ideas from Power Engineering for any purpose. Power Engineering does not warrant that your Comments and Ideas will be treated as confidential or proprietary. Power Engineering will be free to copy, use, modify, disclose and distribute your Comments and Ideas without restriction for any purpose, commercial or otherwise, without right to you to any compensation.
Disclaimer of Liability
THE USER OF OUR SITES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THESE SITES AND THE INTERNET GENERALLY. POWER ENGINEERING, ITS SUBSIDIARIES, ITS LICENSORS AND ITS SERVICE PARTNERS DISCLAIM ALL LIABILITY WITH REGARD TO ALL WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS, EXPRESS OR IMPLIED, WITH RESPECT TO ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, THE DOCUMENTATION AND RELATED GRAPHICS ACCESSED FROM OR THROUGH THIS SITE OR THE INTERNET, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. POWER ENGINEERING ASSUMES NO LEGAL RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT, APPARATUS, PRODUCTS OR PROCESSES DISCLOSED ON THE SERVER OR OTHER MATERIAL ACCESSIBLE FROM THE SITE. IN NO EVENT SHALL POWER ENGINEERING BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES OF ANY KIND RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOST PROFITS, WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY CONTENT, OUR SITES, OR THE INTERNET GENERALLY.
No Implied Warranties
Any Power Engineering materials on our sites may contain technical inaccuracies or typographical errors. THE CONTENT PROVIDED ON OUR SERVERS IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR CONTENT PROVIDED BY POWER ENGINEERING, ITS AFFILIATES, ITS LICENSORS, SERVICE PARTNERS OR THEIR RESPECTIVE EMPLOYEES SHALL BE CONSTRUED TO CREATE ANY WARRANTY. NEITHER POWER ENGINEERING NOR ITS AFFILIATES WARRANT THAT THE CONTENT OF THIS SERVER OR THE INTERNET GENERALLY WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY CONTENT, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THIS SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Disclaimer of Endorsement
Reference herein to any products, services, processes, hyperlinks to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or the recommendation from Power Engineering. Information about products and services is the sole responsibility of each individual supplier. We encourage you to be aware when you leave our sites and to read the terms and conditions and privacy statements of every website that you visit. We are not responsible for the practices or content of other sites.
Export Control
You acknowledge that the export, import and use of our sites are regulated by the government of the Italian Republic and the governments of other countries and you agree to comply with all laws, regulations and applicable export control regulations. Additionally, you represent and warrant that: (i) you are not subject to any governmental order suspending, revoking, or denying export or import privileges necessary to perform your obligations hereunder; (ii) you do not have your head office or office in locations subject to sanctions by EU countries, you are not a company incorporated in such countries, you do not have citizenship and you do not wish to travel to such countries; (iii) you will not re-export or transfer any content to a country, person or entity in violation of applicable laws, rules or regulations; and (iv) that you will not use any content for the development, production, movement, maintenance, storage, detection, identification or deployment of chemical, biological or nuclear weapons or their delivery systems or in relating to materials or equipment that could be used in such weapons or their delivery systems or for resale or export thereof to any entity involved in such activity.
Changes
All information published on our sites is subject to change without notice. Furthermore, these terms and conditions may be changed at any time without notice. We will make such changes by posting them on our sites. We recommend that you check our sites frequently for any such changes. Your access to the sites after such changes decisively demonstrates your acceptance of such changes.
Indemnification
You agree to indemnify and hold harmless Power Engineering and its affiliates, including their employees, advisors, officers, licensors, service providers, agents, business partners, contractors, distribution partners and from and against any claims, demands, liabilities, costs or expenses made by any third party, including legal fees and costs arising out of any breach by you of any of these terms and conditions or applicable law.
Governing Law
Except for matters relating to trademarks and copyrights governed by EU laws, the above provisions will be governed by and interpreted in accordance with the competent court identified in the city of headquarters legal representative of Power Engineering srl (ROME, Italy), regardless of conflict of law principles or law.
NOTE
This information on the terms of our services can be consulted at: