Acceptance of Terms
The copyright on all Magnetek Materials on the Website is owned by Magnetek and may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any manner, including, but not limited to, by electronic, mechanical, photocopying, recording or other means, except as provided in this Agreement, without Magnetek’s express written permission. All Magnetek content and graphics on the Website are protected by U.S. copyright and international treaties and may not be copied without the express permission of Magnetek, which reserves all rights. Re-use of any of content and graphics for any purpose is strictly prohibited.
Among the trademarks and service marks owned by Magnetek are Magnetek, Energy Engineered, Engineered Energy, and the respective logos. The "look" and "feel" of the public portions of the Web site also are trademarks of Magnetek. This includes color combinations, button shapes, layout and all other graphical elements. Other trademarks and trade names of Magnetek referenced in the Website are also the property of Magnetek.
Conduct By You
The Website may be used only for lawful purposes, and you agree to use the Website as permitted by applicable federal, state and local laws and regulations. You may not transmit in any way User Content on or through the Website that: (i) infringes any proprietary rights of any person; (ii) is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, deceptive, fraudulent, sexually graphic, hateful, or
invasive of another’s privacy; (iii) victimizes, harasses, degrades, or intimidates an individual or group on the basis of race, ethnicity, gender, religion, sexual orientation, age, or disability; (iv) contains unsolicited or unauthorized advertising, promotional materials, “spam,” “chain letters,” or any other form of solicitation; or (v) contains software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contribute to any other similarly destructive activity. You also agree that you will not: (i) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) forge or otherwise manipulate User Content in order to disguise the origin of any User Content; (iii) interfere with or disrupt the Website or servers or networks connected to the Website, or disregard any requirements or policies of networks connected to the Website; (iv) infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Website; (v) collect or store information about the users of the Web site or the User Content posted by others on the Web site or use such information for any purpose inconsistent with the purpose of the Website; or (vi) violate any applicable local, state, federal or international law or regulation.
Links to Third-Party Sites
Magnetek may include on the Website links to web sites of third parties (“Third-Party Sites”). These links are provided solely as a convenience and not as an endorsement by Magnetek of the contents on any Third-Party Sites. Magnetek has not reviewed and is not responsible for Third-Party Sites. Any use of a Third-Party Site is at your own risk; links are provided as Internet navigation tools only. You acknowledge and agree that Magnetek is not responsible for any damages or losses caused or alleged to have been caused by the use of any Third-Party Site, or from the products, content, material, services or information presented by or made available through any Third-Party Sites.
You may not, without Magnetek’s permission, “mirror” some or all of the content of the Website on any other server or location. Magnetek prohibits caching, unauthorized hypertext links to the Website, or the framing of any materials available on the Web site. As such, Magnetek reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the materials available on any other website linked to the Website.
Magnetek maintains certain non-public portions of the Website which are accessible to and intended solely for the use of authorized Magnetek customers, suppliers, sales representatives, distributors, consultants, and other authorized users. If you are entitled to access such user password-protected portions of the Website, you will receive a password. You are responsible for maintaining the confidentiality of your password, and you shall be responsible for all uses of your password, whether or not authorized by you.
Access to and use of password protected and/or secure areas of the Website are restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution. You will take reasonable steps to prevent the unauthorized use and disclosure of any password or user ID and shall, immediately, upon discovery, notify Magnetek of any unauthorized use of any password or user ID and take any steps within your control to prevent any further unauthorized use. You are responsible for all acts attributable to any person using any of your passwords or user IDs. Magnetek shall not be liable for any loss or damage arising form any security breaches of any kind.
Confidentiality of Information
Except as otherwise provided by the Agreement, if you are provided with Confidential Information of Magnetek (which may include passwords and user IDs for password-protected portions of the Web site), you may use Confidential Information of Magnetek only to perform your obligations and you may not use or disclose any Confidential Information of Magnetek for any other purpose without Magnetek’s prior written permission, except as required by applicable laws, including, without limitation, any court or governmental order. You shall take commercially reasonable precautions to safeguard the confidentiality of all Confidential Information of Magnetek, including, at a minimum, those precautions taken by such party to protect its own confidential information of a similar nature. You will be responsible for any breaches of this provision by your employees, contractors and agents.
You acknowledge that any breach of its obligations under this provision may cause irreparable injury to Magnetek and/or its third party licensors or contractors, which injury may be inadequately compensable in damages. Accordingly, Magnetek or such other party may seek and obtain, without the posting of any bond or security, equitable relief against the breach or threatened breach of your obligations under this provision.
The Web site contains certain forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. These forward-looking statements can generally be identified as such because the content of the statement will include words such as “believes”, “expects”, “plans”, or “estimates” or words of similar meaning. These forward-looking statements are based on the Company's expectations and are subject to risks and uncertainties that cannot be predicted or quantified and are beyond the Company's control. Future events and actual results could differ materially from those set forth in, contemplated by, or underlying these forward-looking statements. These include, but are not limited to, economic conditions in general, business conditions in material handling, elevator, mining, and alternative energy markets, operating conditions, competitive factors such as pricing and technology, risks associated with acquisitions and divestitures, legal proceedings and the risk that the Company’s ultimate costs of doing business exceed present estimates. Other factors that could cause actual results to differ materially from expectations are described in the Company's reports filed with the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934.
Disclaimer of Warranties
The website and the Magnetek materials are provided on an "as is," with all faults, and "as available" basis and without representations or warranties of any kind whatsoever, express or implied, including without limitation, noninfringement, merchantability, fitness for a particular purpose, title, quiet enjoyment, or accuracy. Magnetek makes no representation or warranty whatsoever regarding the completeness, correctness, integrity, reliability, currency, adequacy, suitability, functionality, availability, or operation of the website or the Magnetek materials, or any of the content or services provided on, or accessible from the website, or any opinion, advice or statement displayed on the website, including, but not limited to, the user password-protected portion. Your access to and use of the website is at your own risk, and if you are dissatisfied with the services or the website, your sole remedy is to discontinue using the services and the website.
Limitation of Liability
In no event will Magnetek, its officers, directors, employees, subsidiaries, affiliates, successors or assigns, be liable to you or any party for direct, incidental, consequential, indirect, special, exemplary, punitive or any other damages, including, but not limited to, damages for loss of business profits or revenues, business interruption, loss of programs or information and the like, or any other damages arising in any way out of the availability, use, reliance on, or inability to use the website, even if Magnetek is advised of the possibility of such damages, and regardless of the form of action. Some states do not allow the exclusion or limitation of incidental or consequential damages so this limitation may not, in whole or in part, apply to you. This limitation of liability is applicable to any damage or injury resulting from any negligence or omission of Magnetek, computer virus or other harmful mechanisms, telecommunication errors, or unauthorized access to or use of your information through theft or other means. In no event shall Magnetek be liable for any criminal, tortious, or negligent actions or omissions of any third parties or other users of the website.
You agree that Magnetek, in its sole discretion, with or without cause, may terminate your password, or your use of the Website. Magnetek may, at any time, in its sole discretion, temporarily limit or suspend in whole or in part your access to the Website. Upon any termination of the Agreement, all rights granted to you hereunder shall cease, and you shall immediately discontinue use of the Website. All provisions that by their nature are intended to survive, including but not limited to disclaimers of warranties, confidentiality obligations and limitations of liability provisions, shall survive the termination of the Agreement. All other provisions shall be of no further force or effect upon termination.
The Website may be temporarily unavailable from time to time due to repairs and/or maintenance to the Website and/or the password-protected portion or due to a force majeure event. You acknowledge that such periods of unavailability will occur, and Magnetek shall not incur any liability as a result of such periods of unavailability.
The Web site contains information and press releases concerning Magnetek. While this information was believed to be accurate to the best of Magnetek’s knowledge when put on the Website, Magnetek expressly disclaims any duty or obligation to update such information or keep such information current.
The Web site originates and is maintained by Magnetek from its offices in Menomonee Falls, WI USA. Magnetek makes no representation regarding the legality, appropriateness or availability for use of materials on the Website from or in countries other than the United States. Any use or export of materials on the Website is subject to applicable U.S. laws and regulations in effect at the time of the use or export, including but not limited to, U.S. export laws and regulations. Your use of the Website is limited to those uses that are in compliance with such laws and regulations. If you use the Website from a country other than the U.S., you do so at your own risk, and you are responsible for complying with any applicable local laws and regulations.
Notices to Magnetek: To be valid, notices must be sent by email email@example.com and by certified mail, return receipt requested, to General Counsel and Corporate Secretary or to such other address as may be designated from time to time. Notices of any claims of copyright infringement should also be provided in this manner. Notices to You: Notices to you will be sent by email at the email address reflected in your registration information.
Notices to you shall be deemed to have been received 24 hours after the email is sent, and notices to Magnetek shall be deemed to have been given 3 days after the date of mailing by certified mail, return receipt requested.
Choice of Law/Consent to Jurisdiction
The Agreement constitutes the complete and entire agreement between you and Magnetek regarding the Website. The Agreement supersedes all prior agreements between you and Magnetek regarding the Website.
Interpretation and Severability
The disclaimers of warranties and the exclusions and limitations of liability shall be applicable except to the extent prohibited by applicable law and shall be enforced to the maximum extent permitted by applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
The failure of Magnetek to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.