Site Access & Privacy Terms
Thank you for visiting the SPX Australia Web Site (the “Site”). In light of the complexities governing the use and operation of web sites, we have set forth below a series of Access and Use Terms (“SATS”) that apply to your access to and use of the Site. Compliance with, and acceptance of, the SATS are required in order for you to have access to and use of the Site. Please read the SATS very carefully. We hope that you will understand that, in the complex legal world of the internet, access and use terms are required. We also have included below, as part of the SATS, an identification of SPX Australia’ agent for receipt of notice regarding copyright claims and other communications regarding the Site. If you do not agree with or do not accept any of the SATS, please immediately exit the Site and refrain from further access.
Thank you for your understanding. We hope that you enjoy the Site and find it useful. Also, please keep in mind that information provided on this Site and via linked sites is not for the purpose of seeking or encouraging investment unless specifically designated as such.
1. LIMITED LICENSE
As described below, your compliance with the SATS provides a limited, terminable license regarding access to and use of the Site Contents. “Site Contents” or “Contents” means images, text, information, sounds, interactive features, links, and other features of the Site. “Site Code” means any and all underlying elements of the Site, including, but not limited to, source code, object code, and other sets of statements or instructions that relate to the operation or function of the Site.
a) Not to alter the image and text in any manner or use them in a manner specifically prohibited by these SATS or by the instructions in the Site.
b) To use the copies for your own informational purposes only. For example, unless expressly authorized by SPX Australia, you agree not to place any Site Contents on a network and will not use any Site Contents to advertise or otherwise promote any products or services not provided by SPX Australia.
c) To place the following notation on your copies: "© 2009 - SPX Australia. All Rights Reserved. See SPX Australia Web Site for Access and Use Terms for additional information and conditions of use."
d) SPX Australia may, solely at its sole discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts or other Site features. If requested by SPX Australia, you agree to cease using and/or destroy any copies of the subject Contents.
e) Unless expressly permitted in writing from SPX Australia, you will not frame, link, or commercially exploit either the Site, Site Contents or the Site Code unless specifically authorized by SPX Australia to do so.
f) You are responsible for ensuring that other parties that have access to the Site or Site Contents through your system or with your permission agree to the SATS.
2. OWNERSHIP OF TRADEMARKS, COPYRIGHTS AND OTHER PROPRIETARY RIGHTS
All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, or associated with the Site, the Site Contents, and Site Code are the properties of SPX Australia, its owner(s) or its licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any Site Contents or any Site Code.
3. SUBMISSIONS AND USER GRANT OF LICENSE
SPX Australia is pleased to hear from its customers and Site users. We welcome your input. However, due to legal requirements, we cannot provide compensation for, agree to consider, or agree in advance to keep confidential, any submission of creative ideas, disclosures of inventions, other disclosures of potentially useful information or submissions of any other content. In order to avoid confusion and unmanageable situations, all content submitted by you via the Site or through any contact information provided in the Site (e.g., addresses, e-mail addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to SPX Australia to consider, retain, copy, use, publish, modify, disclose and otherwise exploit the content, at SPX Australia’s sole discretion. SPX Australia does not, however, engage in the practice of selling Site users identifying information to third parties. SPX Australia may, at its sole discretion, determine that the submission and its contents should be kept confidential. Any or all of these license rights can be assigned and sublicensed by SPX Australia and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter invented. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, SPX Australia’s liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 6 of these SATS.
4. PUBLIC COMMUNICATION, FORUMS AND INTERACTIVE FEATURES
As a convenience to visitors of the Site, SPX Australia may provide from time to time, at its sole discretion, one or more chat areas, message boards, e-mail functions, contact information, polls, surveys, and other features for use by visitors to the Site. Such features are referred to herein as "Visitor Features."
SPX Australia may, at its sole discretion, without advanced notice, discontinue provision of any Visitor Features to any or all Site visitors and may, at its sole discretion, remove any content provided by a Site visitor. Users of Visitor Features are bound by, and must comply with, the SATS and must agree not to do the following:
a) Transmit any content that is damaging, disruptive, obscene, unlawful, inaccurate, defamatory, illegal or otherwise objectionable to SPX Australia;
b) Impersonate any other person or entity, provide false or misleading identification or address information, or invade the privacy or violate the personal or proprietary right of any person or entity;
c) Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations having the force of law while you are using or accessing any Visitor Features; and
d) Infringe the copyrights, trademarks, or other personal or proprietary rights of any person or entity.
SPX Australia hopes that all of those who use and have access to the Site will follow the SATS and otherwise conduct themselves properly. However, SPX Australia cannot be responsible for monitoring, verifying or substantiating content or code provided by third-party users of the Site. Therefore, you agree that SPX Australia shall not be liable for any breach of the SATS by third parties or for other injurious behavior engaged in by third parties who use or gain access to the Site.
Unless expressly stated otherwise by SPX Australia, SPX Australia does not necessarily control sites that may be linked to or from the Site. SPX Australia cannot monitor or otherwise evaluate such sites, and SPX Australia is not responsible for any of their contents, features, codes, underlying materials, terms of access or privacy policies. Even if you are linked to a web page other than the front page of the linked site, you are responsible for checking that site’s terms and conditions of access and use, as well as the site’s privacy policies. Materials on other sites may be subject to proprietary rights and other restrictions. LINKS ARE PROVIDED FOR YOUR CONVENIENCE ONLY AND THEIR USE IS AT YOUR SOLE DISCRETION AND RISK. If you wish to establish a link to this Site, you must obtain a license from SPX Australia.
6. WARRANTY DISCLAIMERS, INVESTMENT INFORMATION, DAMAGE LIMITATION, INDEMNIFICATION
THE SITE, OPERATION OF THE SITE CODE, SITE CONTENTS (INCLUDING, BUT NOT LIMITED TO, LINKED SITE CONTENTS), AS WELL AS THE OPERATION OF AND EFFECTS OF ACCESS TO THIS SITE AND LINKED SITES, ARE PROVIDED “AS IS.” SPX Australia, ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL STATUTORY, EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF: (1) SUITABILITY FOR ANY PARTICULAR PURPOSE; (2) MERCHANTABILITY; (3) COMPLETENESS; (4) ACCURACY; (5) NON-INFRINGEMENT; AND (6) FREEDOM FROM TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES, AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
IRRESPECTIVE OF WHETHER A CLAIM IS BASED UPON CONTRACT, NEGLIGENCE, TORT OR OTHER PRINCIPLES, AND IRRESPECTIVE OF WHETHER THEY HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, SPX Australia, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOST PROFITS OR OPPORTUNITIES, OR DAMAGES FOR BUSINESS DISRUPTION OR LOSS OF INFORMATION.
TERMS REGARDING THE DEMONSTRATION, SALE, LICENSE OR USE OF SPX Australia’S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS.
You agree to indemnify, defend and hold harmless SPX Australia, its directors, officers, employees, owners, affiliates, subsidiaries, contractors, licensors, suppliers, assigns and transferees against all losses, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees resulting from any violation of the SATS by you or by others that gain access to the Site through your system or to whom you have provided access to the Site Contents. SPX Australia reserves the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with SPX Australia in asserting any available defenses. You shall be responsible for any damages or fines assessed due to any violation of the SATS by you or others that gain access to the Site through your system or to whom you have provided access to the Site Contents.
7. PRODUCTS AND SERVICES
8. CHANGES TO THE SITE OR TERMS OF ACCESS AND USE
SPX Australia reserves the right, at its sole discretion, without advance notice, to change, modify, add or remove all or any portion of the Site or the SATS. Changes to the SATS shall be immediately effective when posted. You agree to review the SATS periodically to be aware of any changes. Your access to and continued use of the Site after the changes are posted shall constitute acceptance of those changes. Also, events may occur that result in disruption or discontinuation of access to the Site, removal of specific Site Contents or corruption of Site Code. Therefore, SPX Australia reserves the right, without liability, to: (1) discontinue provision of access to the Site to any and all users without notice; and (2) remove or modify any Site Content.
9. CHANGES IN SITE OR OWNERSHIP OF RIGHTS
You agree that these SATS and SPX Australia’s interests, rights, and obligations hereunder, can be transferred by SPX Australia to a subsequent owner of an interest in this Site.
10. PRIVACY TERMS AND ACCESS FROM OUTSIDE OF THE UNITED STATES
We appreciate that you have visited our Site. Our privacy terms are meant to ensure that the Site can operate efficiently and be used as a tool to provide services. Sites that link to, or are linked from, this Site may have different privacy terms.
As with many other web sites, when you visit this Site, our web server or system may automatically recognize and store information. Examples of such information might include identification of the type of internet browser used, the type of operating system your computer has, the name of the internet service provider, the user’s “click path,” the advertisement or link used to gain access to the Site, and the exit link or path from the Site. This type of non-personal information helps us to evaluate the features of our Site and to determine the best ways to provide our services. At times, we will share such information with our affiliates or parties that are helping with our Site or working with us. If you provide personal information, such as a name and address, we may use that information to communicate with you, or our affiliates, or parties working with us, may use the information to communicate with you. If any personal information is incorrect or objectionable, please contact the SPX Australia agent identified in Section 11 of these SATS.
When you visit the Site, we may use the widely-used technology called “cookies.” Cookies are bits of data sent to your browser so that we can enhance or tailor your use of the Site. Most internet browsers will allow you to erase cookies from your computer’s hard drive, block acceptance of cookies, or receive a warning that a cookie is stored. Please note, however, that if you block cookies, some portions of the Site may not function properly. Your computer user’s manual or help screen may contain more information on how to eliminate or control the use or storage of cookies.
By providing personal information to our Site, all users, including, but not limited to, users in the European Union, fully understand and consent to the collection and processing of such information in the United States of America.
This Site is operated from a location in the State of Michigan, United States of America. SPX Australia makes no representation that the Site, the Site Contents, links, or the Site Code are appropriate for use in countries other than the United States. If you access this Site from a location other than the United States, you are responsible for complying with additional applicable local laws and regulations, including, but not limited to, export and import regulations of other countries.
This Site, the Site Contents and other features of the Site are subject to United States Export Control Laws and Regulations. Diversion of the Site, Site Contents or any Site feature contrary to United States laws and regulations is strictly prohibited. You agree that none of the Site Contents, or any feature of the Site, or products or services acquired via the Site are being or will be acquired for shipping, transferring, or re-exporting, directly or indirectly, to proscribed or embargoed countries or their nationals, nor will they be used for research or activities involving atomic or nuclear science, chemical or biological weapons, or missile projects unless authorized by the Government of the United States. Proscribed countries are set forth in the United States Export Administration Regulations. Countries subject to embargo include Cuba, Iran, Libya, North Korea, Syria and Sudan – please check for the current embargoed status of these and other countries as this list is subject to change. You certify that you are not on the United States Department of Commerce’s Denied Persons List or affiliated lists or on the United States Department of Treasury’s Specially Designated Nationals List. You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
11. COMMUNICATION REGARDING COPYRIGHT AND OTHER MATTERS
If you believe that any Site Code or Contents in a linked site or in this Site, including, but not limited to, content provided by third parties via Visitor Features, infringes a copyright or other proprietary right, please forward the following information to our Copyright Agent at the address specified below: \
300 Wellington Road
Please provide the following information in your communication to the Copyright Agent:
a) Your name, address, telephone number, e-mail address and other pertinent contact information;
b) A description of the copyrighted work or proprietary right that you believe is infringed;
c) The URL or a description of where the allegedly infringing content is located;
d) A statement by you, with respect to the copyright or other proprietary right, that you have a good faith belief that the disputed use is not authorized by either the owner of the asserted right, an agent of the owner, or by operation of law;
e) An electronic or physical signature of the person authorized to act on behalf of the owner of the asserted right;
f) A statement by you, made under penalty of perjury, that the above information in your notice is correct and that you are the owner of the asserted right, or are authorized to act on behalf of the owner; and
g) Any other information required for specific notice of the claim and allegedly infringing item.
12. JURISDICTION, DISPUTE RESOLUTION, INTERPRETATION, SEVERABILITY AND MERGER
These SATS, and all disputes arising from or related to them, their interpretation, or their subject matters (including, but not limited to, Site Contents) shall be governed by, resolved and remedied in accordance with the laws of the State of Michigan, United States of America (without resort to conflict of law principles) as it applies to agreements entered into and to be performed entirely within such State and to acts or omissions occurring wholly within the State. Any claims arising from or related to the SATS or their subject matters shall be brought and resolved only in the appropriate State or Federal Courts located in Michigan, and you expressly consent to the jurisdiction and exclusive venue of said courts. However, SPX Australia, at its sole discretion, also can institute or convert any action (no matter which party initiates it) to an arbitration under the applicable rules of the American Arbitration Association, said arbitration to: (1) apply the choice of law specified above; and (2) take place in Allen Park, Michigan.
If otherwise applicable hereto, the Uniform Computer Information Transactions Act (as adopted by any State) and the United Nations Convention for the International Sale of Goods are hereby agreed not to be applicable to these SATS and their subject matters. In addition, all disclaimable or waivable local and international provisions related to choice of law or dispute resolution are waived or disclaimed by you in favor of the above choice of Michigan law, jurisdiction and forums for dispute resolution.
You agree and represent that you have carefully considered the SATS and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of SPX Australia.
If any provision(s) of the SATS are deemed unenforceable in a determination by a body with proper jurisdiction, the Parties agree (without waiving rights of appeal) that the unenforceable provision(s) shall be: (1) reconstituted to approximate as closely as lawfully possible the evident intent of the original provision(s); or (2) if option (1), above, cannot be implemented, the unenforceable provision(s) shall be excised from the SATS and the Parties shall negotiate in good faith with respect to their modification. If the Parties cannot agree to a modification, the SATS shall be enforced, without the unenforceable provision, in a fair manner and without undue prejudice to either Party.
These SATS comprise the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in writing supplied by SPX Australia.