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terms of use
 

Terms of Use

Site Access and Use Policy

Effective November 11, 2013

Notice of legal restrictions on use of this web site

PLEASE READ THE FOLLOWING LEGAL INFORMATION BEFORE USING THIS SITE.

Thank you for visiting the SPX Corporation ("SPX") 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 Site Access and Use Terms ("SATS") that apply to your access to and use of the Site. Also included in these SATS are the Data Privacy and privacy terms, including European Union terms, that can be accessed and reviewed by clicking through from the term "Data Privacy" that appears on the first page 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 have also included below, as part of the SATS, an identification of SPX's 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. BY CHOOSING TO ACCESS AND USE THIS SITE, YOU ARE EXPRESSLY AGREEING TO BE BOUND BY THESE SATS.

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 purposes of seeking or encouraging investment unless specifically designated as such.

1. LIMITED TERMINABLE 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, videos, 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 functions of the Site.

You agree:

a.

Not to alter any Site Content in any manner or use it in a manner specifically prohibited by these SATS or by the instructions in the Site;

b.

To use the Site Contents for your own informational purposes only. For example, unless expressly authorized by SPX, 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;

c.

Not to copy, distribute, reverse engineer, decompile, disassemble, modify, disclose or otherwise use any Site Code without the express written permission of SPX;

d.

You may print out a copy of the Site Contents, or an excerpt from the Site Contents, to preserve a "hard copy." However, you agree to place the following notation on your copy: "Copyright © SPX Corporation. All Rights Reserved. See SPX Corporation Web Site for Access and Use Terms and additional information and conditions of use";

e.

SPX may, solely in its own discretion and without advance notice, revoke the limited license regarding all of the Site Contents or with respect to specific images, texts, other Site features or Site Code. If requested by SPX, you agree to cease using and/or destroy any copies of the subject Content;

f.

Unless expressly permitted in writing from SPX, you will not frame, link, associate with advertisements (e.g., pop-ups) or commercially exploit the Site, Site Contents or the Site Code; and

g.

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, certification 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, its owner(s), affiliated entities or its licensors. Nothing in these SATS or any Site Contents shall convey an ownership interest or a non-terminable license in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in or associated with the Site, the Site Contents or the Site Code.

3. SUBMISSIONS AND USER GRANT OF LICENSE

SPX 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, email addresses, telephone numbers, links) is provided with a paid-up, perpetual, non-exclusive license, effective everywhere, to SPX to consider, retain, copy, use, publish, modify, disclose and otherwise exploit the expression, concepts and information in the content at SPX's sole discretion. SPX does not, however, engage in the practice of selling Site users' identifying information to third parties. SPX may, in 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 and they apply to all manner of copying, display, distribution, transmission, storage, recording or other media or means of exploitation now known or hereafter conceived. If any applicable law, judicial decision or regulatory requirement restricts or limits the provisions of this paragraph, SPX's liability, if any, will be limited in accordance with THE LIMITATION OF LIABILITY terms in Section 7 of these SATS.

4. PUBLIC COMMUNICATIONS, FORUMS AND INTERACTIVE FEATURES

As a convenience to visitors of the Site, SPX may provide from time to time, at its sole discretion, one or more chat areas, blog areas, message boards, email 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 may, in its sole discretion and without advance notice, discontinue provision of any Visitor Features to any or all Site visitors and may, in 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 host, display, upload, modify, publish, transmit, update or share any information that :

a.

belongs to another person and to which the user does not have any right;

b.

is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;

c.

harms minors in any way;

d.

infringes any patent, trademark, copyright or other proprietary rights;

e.

violates any law for the time being in force;

f.

deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

g.

impersonates another person;

h.

contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

i.

threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to any other nation.

Any complaint with regard to non-compliance of the above conditions may be addressed to the Grievance Officer mentioned in the Privacy terms available at spx.com/in/data-privacy/privacy/data-privacy/.

5. LINKS

Unless expressly stated otherwise by SPX, SPX does not necessarily control sites that may be linked to or from the Site. SPX cannot monitor or otherwise evaluate such sites, and SPX 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.

All links to this Site or any of its pages require the prior express written consent of SPX, except that SPX consents to external links in circumstances in which all of the following are present: (a) the link is text-only and contains only the name "SPX Corporation"; (b) the link directs the Internet browser to the main page of the Site and not to other web site pages within this Site; (c) the link, when in use with any browser, displays the entire Site full screen without frames and does not utilize banner advertisement or pop-up advertisements or otherwise obscure, hide, modify or minimize any page contained in the Site; (d) the appearance, display or formatting of any page on the Site is not juxtaposed, associated with, positioned with, or otherwise related to any other activity, product, entity or person such as to create a false impression that SPX has a relationship with any such activity, individual, entity or product or that SPX endorses, sponsors or is associated with such activity, individual, entity or product when it is not; and (e) does not damage, disparage or deplete the goodwill associated with any trade name, trademark or service mark belonging to or associated with SPX. At any time and for any reason, SPX, in its sole discretion and without any liability to you, may revoke this consent to link to the Site.

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, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS 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.

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, ITS PREDECESSORS, OWNERS, DIRECTORS, OFFICERS, PERSONNEL, LICENSORS, SUPPLIERS, AGENTS, AND CONTRACTORS 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, TESTING, SALE, TRANSFER, LICENSE OR USE OF SPX'S PRODUCTS AND SERVICES MAY CONTAIN ADDITIONAL PROVISIONS AND DISCLAIMERS.

PLEASE NOTE THAT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES. THEREFORE, SOME OF THE ABOVE TERMS MAY BE INAPPLICABLE TO PARTICULAR CIRCUMSTANCES.

You agree to indemnify, defend and hold harmless SPX, its predecessors, owners, directors, officers, personnel, suppliers, agents and contractors from any and all claims and causes of actions arising from or related to 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 Site Contents. SPX 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 in asserting any available defenses. You shall be responsible for any damages or fines assessed due to 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 Site Contents.

7. PRODUCTS AND SERVICES

Products and services offered through this Site may be subject to license terms and terms of use or sale that are in addition to, or distinct from, the SATS. Therefore, the provision and acceptance of any such product or service shall be subject to any additional or distinct terms supplied by SPX or the third party supplier(s) of the product(s) or service(s).

8. CHANGES TO SITE OR TERMS OF ACCESS AND USE

SPX 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 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 RIGHTS OWNERSHIP

You agree that these SATS and SPX's interests, rights and obligations hereunder, can be transferred by SPX to a subsequent owner of an interest in this Site or any of the Site Contents.

10. PRIVACY TERMS

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, and apply to your use of the Site. Sites that link to, or are linked from, this Site may have different privacy terms.

11. COMMUNICATIONS 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 or is otherwise injurious, please contact our Copyright & Notice Agent at the following address:

SPX Corporation
13320 Ballantyne Corporate Place
Charlotte, NC 28277

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 North Carolina, USA (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 North Carolina and you expressly consent to the jurisdiction and exclusive venue of said courts. However, SPX, at its sole discretion, can also 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 Charlotte, North Carolina.

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 North Carolina 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. The section headings in these SATS are for convenience only and do not limit or otherwise affect the interpretation of any of the terms in the SATS.

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 that most closely approximates the evident intent or understanding of the Parties.

These SATs comprise the entire agreement between the Parties relating to the matters contained herein and shall not be modified except in a writing supplied by SPX, such as modified SATS.

Site Contents, Site Code and SATS © SPX Corporation. All Rights Reserved.