Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this web site or any other OutBack Power Systems, Inc.
web site (collectively, the ÒSiteÓ) you accept these terms and conditions
of use. If you do not agree to these terms and conditions of use, please
do not use the Site. OutBack Power Systems, Inc. reserves the right, at
its discretion, to change, modify, add or remove portions of these terms
and conditions at any time. You should therefore review these terms and
conditions each time you access the Site. Changes or updates to the contents
of the Site may also occur without notice. Except where stated otherwise,
the term "OutBack Power Systems" used on the Site shall be deemed to include
OutBack Power Systems, Inc. and its affiliates, subsidiaries, successors and assigns.
1. No Warranty or Representation
While OutBack Power Systems, Inc. uses reasonable efforts to include accurate
and up-to-date information on the Site, your use and browsing of the Site is
at your own risk. Nothing in the Site, including product or service
information, shall add to or change any contract for products or services you
may have with OutBack Power Systems.
The Site and the information or materials herein are provided on an "as is"
basis. OutBack Power Systems, Inc. makes no representation or warranty, either
express or implied, of any kind with respect to the Site or its contents
(such as product descriptions and prices) including, but not limited to,
merchantability and fitness for a particular purpose, how current it is,
its accuracy, its completeness, product availability, its security, that
defects will be corrected or that the Site, any hyperlinked web site, or
the servers upon which they reside are free of viruses or other harmful
components.
None of OutBack Power Systems, Inc. or any of its respective directors,
employees, agents, or other representatives will be liable for damages,
claims, expenses or other costs (including without limitation legal fees)
arising out of or in connection with the use of, or inability to use,
the Site or any information contained on it, or any hyperlinked web site.
This is a comprehensive limitation of liability that applies to all damages
of any kind, including (without limitation) compensatory, direct, indirect,
exemplary, punitive and consequential damages, loss of programs or data,
income or profit, loss or damage to property and claims of third parties.
You agree that use of the Site is at your sole risk and that your exclusive
and sole remedy is to stop using the Site.
2. Restrictions on Use of Materials
OUTBACK POWER SYSTEMS, the OutBack Power Systems logo, FLEXware, and FLEXnet
are registered trademarks of OutBack Power Systems, Inc. Other trademarks,
domain names and logos which are the property of OutBack Power Systems, Inc.
may appear on the Site. All material contained on the Site including the
content, Site design, text, graphics, and the selection and arrangement
thereof are the copyright of OutBack Power Systems, Inc. (unless otherwise
expressly stated). No material from the Site or any of OutBack Power Systems'
trademarks may be copied, reproduced, modified, linked to, or used or
distributed in any way, without OutBack Power SystemsÕ express authorization.
Failure to do so is a violation of this agreement and an infringement of
OutBack Power Systems' copyright and other proprietary rights, and is
expressly prohibited.
3. Linkage
As a service to users of the Site, OutBack Power Systems, Inc. includes links
to other web sites that OutBack Power Systems, Inc. has no control over, and
makes no endorsements or representations of any kind regarding the products,
services, business practices, content or appropriateness of content on such
web sites, and the user hereby irrevocably waives any claim against OutBack
Power Systems, Inc. with respect to such web sites.
4. Indemnity
You agree to indemnify, defend and hold harmless OutBack Power Systems, Inc.,
its officers, directors, employees, agents, licensors, and suppliers from
and against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from your violation of these terms and conditions
or any activity (including negligent or wrongful conduct) related to your
use of the Site.
5. Governing Law and Jurisdiction
By visiting OUTBACKPOWER.com, you agree that the laws of the state of
Washington, without regard to principles of conflict of laws, will govern
these Conditions of Use and any dispute of any sort that might arise between
you and OutBack Power Systems, Inc. or its affiliates.
6. General
The terms and conditions on the Site constitute the entire agreement
between you and OutBack Power Systems governing your use of the Site.
The failure or delay of OutBack Power Systems, Inc. in exercising any right
or remedy under the terms and conditions or elsewhere shall not constitute a
waiver of such right or remedy. The section titles in these terms and
conditions are for convenience only and have no legal or contractual effect.
October 2007
