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Emerson
Terms and Conditions
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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.
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The
Site and its Use
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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.
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Disclaimer
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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.
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Third-Party
Sites
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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.
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Third
Party Content
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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.
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Year
2000 Information and Readiness Disclosure Act
of 1998
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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.
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Safe
Harbor
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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.
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Information
Provided By You
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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.
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Changes
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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.
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Linking
to Site:
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Anyone
linking to Emerson's Site must comply with
Emerson's guidelines for linking to Emerson's
Site and all applicable laws.
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International
Users
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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 there
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.
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Governing
Law
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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.
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Privacy:
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Overview
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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.
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Information
About Emerson On-Line Visitors
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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.
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Cookies
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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.
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Web
Site Links
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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.
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Changes
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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.
©
2000, Emerson Electric Co., All Rights Reserved
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