Web Site Terms and Conditions of Use

Please read these Terms and Conditions of Use (the “Terms of Use”) carefully because they apply to your use of all of the websites that Ensata Worldwide Holdings Ltd., its subsidiaries and affiliates (collectively “Ensata”) operate, including those located at http://www.ensata.co.uk and all sub-domains (collectively, the “Site”).  Unless otherwise agreed in writing with Ensata, your use of any Site will always be subject to, at a minimum, the terms and conditions set out in this document.  The Terms of Use form a binding legal agreement between you and Ensata in relation to your use of the Site.  You can find more information about the operator of this website under the heading “Legal.”

1.      Your Agreement to the Terms of Use.

BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.  YOUR ACCESS OR USE OF THE SITE IN ANY WAY SIGNIFIES THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF USE.  By accessing or using the Site you also represent that you have the legal authority to accept the Terms of Use on behalf of yourself and any party you represent in connection with your use of the Site.  If a party you represent is acquiring goods and/or services from Ensata, you agree, on behalf of such party, that the Ensata terms and conditions on this Site applicable to such transaction govern such transaction, unless a written agreement to the contrary has been signed by the party you represent and Ensata. This is so despite any terms or conditions on any purchase order or other document or any terms and conditions on any other web site that purport to state to the contrary.

2.      Limited Use License

Ensata grants you permission to store, display, view and print copies of materials published on the Site solely for non-commercial use within your organization in support of Ensata products, services and technology.  No other use of materials published on the Site is authorized.  In consideration of this authorization, you agree that these materials and any copies of these materials will not be modified in any way and that any copy of will retain all copyright and other proprietary notices in the same form and manner as on the original.  Except as specified above, nothing contained in these Terms of Use will be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Ensata or any third party (other than the limited permission referred to in this Section 2).

The license granted in this Section 2shall automatically terminate if you violate any of these restrictions and may be terminated by Ensata at any time.  Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3.      Copyright

All contents on the site are protected by copyright.  Except as specifically permitted herein, no portion of the information the site may be reproduced in any form, or by any means, without prior written permission from Ensata.  Visitors or users are not permitted to modify, distribute, publish, transmit or create derivative works of any material found on this site for any public or commercial purposes.

4.      Trademark

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of Ensata or other third parties.  Users are not permitted to use these Marks without the prior written consent of Ensata or such third party which may own the Mark.  “Ensata” is a trademark of Natural Pools Limited.  In addition, page headers, custom graphics, button icons, and scripts, among other things, may not be copied, imitated, or used, in whole or in part, without the prior written permission of Ensata.

5.      Compliance with Applicable Laws; Export Control Laws.

User access to the Site is governed by all applicable federal, state and local laws.  You may use our Site only as permitted by law, including applicable export and re-export control laws and regulations.

6.      Password Protected Areas.

Some areas of the Site may be restricted to authorized users only.  You agree not to interfere with the operation of these areas or to access or use them without permission.  You understand that you are solely responsible maintaining the confidentiality of your passwords and for all activities that occur under your accounts.

7.      Disclaimer

Ensata has attempted to provide accurate information on the Site.  However, the materials on the Site are provided “as is”.  The materials appearing on Ensata’ web site could include technical, typographical, or photographic errors.  Ensata may change the programs or products mentioned at any time without notice.  Ensata does not make any commitment to update the materials.  Mention of non-Ensata products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

Ensata MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.  Ensata DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT, AND Ensata ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION.  FURTHER, Ensata DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE LIKELY RESULTS OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE SITE.

IN NO EVENT SHALL Ensata OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE OR ANY OF THE MATERIALS ON THE SITE, EVEN IF Ensata OR A Ensata AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.

8.      Links

Ensata has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site.  The inclusion of any link does not imply endorsement by Ensata of the site.  Use of any such linked web site is at the user’s own risk.

9.      Changes to the Terms of Use.

Ensata may at any time change, modify, add or remove portions of these Terms of Use.  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.  As long as you comply with these Terms of Use, Ensata grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

10.  Products and Services Availability.

Because international information is provided at the Site, not all products or programs mentioned may be available in any country.  Please contact your local sales representative for information as to products and services available in your country.

11.  Governing Law

Any claim relating to Ensata’ web site shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions without regard to the United Nations Convention on Contracts for the International Sale of Goods.

12.  Privacy Policy

Please see Ensatas Privacy Policy set out here which shall form an integral part of these Terms of Use.

 


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