Terms and Conditions for Use

Introduction

By accessing or using www.powervation.com (the “Site”), you acknowledge and agree that you have understood and agree to be bound by these terms and conditions (the “Terms”, which term includes the Privacy Policy referred to herein).  If you do not agree to the Terms or if you are dissatisfied with any portion of the Site, your sole and exclusive remedy is the discontinuation of your use of this Site.

These Terms govern the use of the Site and on which Powervation (being Powervation Limited, 11 Nessan House, Bessboro Road, Blackrock, Cork, Ireland (European Headquarters) and Powervation, Inc., 2665 North First St, Suite 206, San Jose, CA 95134 (US Headquarters), referred to as “We” or “Our” or “Us” or “Powervation” and which terms shall include the directors, officers, and employees of Powervation) make this Site available to you.  If you have any other concerns regarding the Site, please contact us at these contact detail.  By using the Site, whether as a “Browser” (which term refers to non-Member visitors to this Site) or a Member, you agree to be legally bound by these terms and conditions as if you had signed this agreement.  You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms, and that they comply with them.

Description of Member Services and your relationship with Us

Those wishing to access certain information relating to product development and/or other services through the password-protected MyPV (“Member Services”) will be required to register as a member (a “Member”).  By clicking the “I accept” button at the end of this page, Members indicate their consent to be bound by such Terms as expressly apply to Members only.  If you do not agree to each and every term of these Terms, you must click the “I decline” button.  Browsers are bound by these Terms by their use of the Site as if they had signed this agreement, save for such terms as expressly apply to Members only.  When you register as a Member, you will also be asked to choose a username and a password.  You are solely responsible for maintaining the confidentiality of your password.  You agree not to use the username or password of another Member at any time.  You agree to notify Us immediately if you suspect any unauthorized use of, or access to, your (or any other Member’s) password.  We reserve the right to refuse to grant you, or to terminate your, membership, without notice or reason, as determined by Us in Our sole discretion.

Changes to the Terms

We reserve the right, at Our sole discretion, to change, modify, add, or delete portions of these Terms at any time without further notice.  If We do this, We will post the changes to these Terms on this page notifying you of the last date upon which they were amended. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL STOP USING THE SITE.  YOUR CONTINUED USE OF THE SITE FOLLOWING OUR POSTING OF A CHANGE OF TERMS WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

General Restrictions on Use

We will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability.
 
If any material on this Site, or your use of this Site, is contrary to the laws of the jurisdiction in which you are located, then this Site is not intended for your use and you should not use this Site.  We reserve the right to use any content, communication, intellectual property or other information or material (collectively, the “Content”) that We receive from Members.  By making Content available to Us, you are granting Us a perpetual, irrevocable, worldwide, royalty-free license to use such Content in such manner as We deem fit and you waive any moral rights you may otherwise have in respect of such Content. By providing Content, you represent and warrant that you have the right to provide the Content, will not provide any illegal or prohibited Content, and will not infringe, misappropriate, violate or contravene any third party rights (including, without limitation, any intellectual property rights). The Member Services are a free of charge resource available exclusively to Members.  The MyPV pages may contain information about new products (“Products”) during their development phase.  Any information contained on these pages is based on design targets, simulation results, or early product test results.  Characteristic data and other specifications are subject to change without notice.  Members are advised to confirm information in this advanced Product brief prior to using this information or placing an order.  We do not assume any liability arising from the application or use of any Product or circuit described on the Site, neither does it convey any license under its patents or any other intellectual property rights.  Products are not designed, intended, or authorized, or warranted to be suitable for use in life-support applications, devices or systems or other critical applications.

Intellectual Property Rights

All content of the Site is copyright Powervation and all rights are reserved.  All intellectual property rights in any material (including but not limited to copyright, trademarks, the look and feel of the Site and any other proprietary rights, whether registerable or otherwise) contained in the Site are either owned by Us or has been licensed to Us by the rights owner(s) so that We can use this material as part of the Site.  These materials may be used only for viewing the Site in the ordinary course and for information purposes only.  Any other use of such materials, including any copying, reproduction, modification, sale, distribution, republication, displaying, posting, re-utilization, transmission, downloading, extraction, performing, or other exploitation thereof by any means or medium without the prior written permission of the owner of the intellectual property rights is strictly prohibited.  All material contained in and published on the Site is intended for the non-commercial use of the user.  Subject to the Terms, We grant you a non-exclusive, non-transferable, limited right to access and use the Site and the material displayed thereon but only for uses in accordance with these Terms.  However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted access to or use of such materials.

Privacy

We are committed to protecting your privacy and security.  All personal data that we collect from you will be processed in accordance with our Privacy Policy.  You should review our Privacy Policy, which is available at www.powervation.com/privacy

Indemnity

You agree to indemnify, defend and hold harmless Us and any and all of Our subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees from all claims, damages, costs, losses and other expenses, including but not limited to reasonable legal fees, arising out of or relating to any Content you provide, your use of the Member Services, Products or the Site, your violation of the Terms, or your violation of any rights of a third party. No resale of Member Services and legitimate use of Site.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to the Member Services, the Products or Site.

You represent and warrant that you are not a competitor of Powervation or any of its affiliates or subsidiaries and that you are not acting on behalf of any such competitor, and that you do not intend to and will not use any of the Products or other information available through this Site for an improper or unauthorized purpose, including but not limited to, use for the purpose of preparing works derivative thereof or therefrom.

Disclaimers

The Member Services, information relating to the Products and the Site are provided to you “as is” and We make no warranty or representation with respect to them.  In particular, We do not represent or warrant to you that: your use of the Member Services, Products or Site will meet your requirements, will be uninterrupted, timely, secure or free from error; any information obtained by you as a result of your use of the Member Services or the Site will be accurate or reliable; or that defects in the operation or functionality of any software provided to you as part of the Member Services will be corrected.

We do not assume any liability arising from the application or use of any Product or circuit described on the Site, neither does it convey any license under its patents or any other intellectual property rights.  Products are not designed, intended, or authorized, or warranted to be suitable for use in life-support applications, devices or systems or other critical applications.  No conditions, warranties or other terms apply to the Member Services or the Site except to the extent that they are expressly set out in the Terms.

LIMITATION OF LIABILITY

You expressly understand and agree that (to the fullest extent permitted by law) We shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits or contracts, income or revenue, goodwill, anticipated savings, data or other intangible losses (even if We have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use or the inability to use the Site or any part thereof; (b) unauthorized access to or alteration of your transmissions or data; or (c) any other matter relating to the Site.  This does not affect Our liability for death or personal injury arising from our negligence, nor any other liability which cannot be excluded or limited under applicable law.

COMMENTARY AND OTHER MATERIALS POSTED ON OUR SITE ARE NOT INTENDED TO AMOUNT TO ADVICE ON WHICH RELIANCE SHOULD BE PLACED.  THE ACCURACY OF THE INFORMATION ON THE SITE IS NOT GUARANTEED AND WE CANNOT ACCEPT RESPONSIBILITY FOR ANY LOSS DAMAGE OR EXPENSE INCURRED UPON USING THE INFORMATION PROVIDED.  WE THEREFORE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY MEMBERS OR BROWSERS, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

The disclaimers and limitations of liability contained in these Terms apply to the fullest extent permitted by law.

Notice and Take Down Procedure

If you identify material on the Site which you believe infringes any of your own (or any third party’s) intellectual property or other rights, you should contact Us by writing to Powervation at the addresses provided in the Introduction.  Your letter should include the following a full description of the copyright or other rights claimed to have been infringed on the Site, as well as a description of your (or any third party’s) alleged rights therein.  You must also provide information reasonably sufficient to enable Us to contact you.  You must confirm in writing, including by your signature, that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  Where We receive a valid notice containing the above information, We will take steps to investigate the matter and, where We are satisfied that the allegation is merited, We will remove the offending content.  Any removal will be on a “without prejudice” basis and shall not constitute any admission of responsibility on Our part or any other party.

General Terms

These and the relationship between you and Us shall be governed by the laws of Ireland.  You agree to submit to the exclusive jurisdiction of the Irish courts.  Notwithstanding this, you agree that We may at Our sole discretion apply for injunctive remedies (or other equivalent types of urgent legal remedy) in any jurisdiction.

Any failure by Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms is found by a court of competent jurisdiction to be invalid, then that provision will be removed from the Terms without affecting the rest of the Terms.  The remaining provisions of the Terms will continue to be valid and enforceable.