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TERMS
AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND
CONDITIONS CAREFULLY BEFORE USING THIS SITE. This Web site (the "Site") is
provided by Diamond Power Machine (Hubei) Co. Inc. ("DPMH"). BY USING THIS SITE,
YOU SIGNIFY YOUR ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS AS WELL AS ALL
OTHER POLICIES DESCRIBED IN THE SITE.
DPMH reserves the right, at its sole
discretion, to change these terms without further notice. Use of the Site after
any such changes constitutes acceptance of the new terms. Please do not use or
download materials from this Site if you do not agree to abide to these or
future terms.
DPMH
may remove, modify or otherwise change any content, including that of third
parties, on or from this Site. DPMH may impose limits on certain services or
restrict access to parts or all of the Site without notice or liability. DPMH
may terminate your use of the Site at any time at its sole discretion. The
provisions of this paragraph shall not apply with respect to any specific
services which DPMH has expressly committed to maintain in effect under an
applicable paper-based written contract (including any contract amendment). The
current and applicable version of these terms will be posted on the Site. You
should review these terms prior to using the Site, and periodically, when you
return to this Site as they may change without notice.
These terms apply exclusively to
your access to and use of the Site and do not alter the terms or conditions of
any other agreement you may have with DPMH.
Proprietary Rights
Copyrights
DPMH owns
or has a license to use the copyrights in all contents of this Site, including
but not limited to design, text, software, technical drawings, configurations,
graphics, other files, and their selection and arrangement. The contents of this
Site may not be modified, copied, distributed, framed, reproduced, republished,
downloaded, displayed, posted, transmitted, or sold in any form or by any means,
in whole or in part, without DPMH's prior written permission.
Trademarks
Trademarks
of DPMH and its affiliates may not be copied, imitated, or used, in whole or in
part, without the prior written permission of DPMH. Other trademarks, registered
trademarks, product names, and company names or logos displayed on this Site are
the property of their respective owners.
Patents
DPMH's products and processes are
covered by one or more patents and are subject to other trade secret and
proprietary rights. DPMH reserves all such rights
Software
Any software, including any files,
images generated by the software, code, and data accompanying the software
(collectively, "Software"), used or accessible through this Site may be used by
you solely for accessing and using this Site for purposes expressly stated on
the Site or in an applicable paper-based written contract between you and DPMH,
provided that such uses are not competitive with or derogatory to DPMH. DPMH or
its affiliates or suppliers retains full and complete title to and all
intellectual property rights in the Software.
Limitation on Use of Site
In using
this Site, you represent, warrant and covenant that you shall not upload, post
or transmit to or distribute or otherwise publish through the Site any
materials, or take any other actions, which (i) restrict or inhibit any other
user from using and enjoying the Site, (ii) disrupts or interferes with the
security of the Site or any services, system resources, accounts, servers or
networks connected to or accessible through the Site, (iii) are unlawful,
threatening, abusive, libelous, defamatory, obscene, vulgar, offensive,
pornographic, profane, sexually explicit or indecent, (iv) uses or attempts to
use another's account, service or system without authorization from DPMH or
attempts to gain unauthorized access to portions of the Site which are
restricted from general access, (v) constitute or encourage conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
law, (vi) violate, plagiarize or infringe the rights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy or publicity
or any other proprietary right, (vii) contain a virus or other harmful
component, (viii) contain any information, software or other material of a
commercial nature, (ix) contain advertising of any kind, or (x) constitute or
contain false or misleading indications of origin or statements of fact.
You may not modify,
copy, transmit, display, perform, reproduce, license, publish, distribute,
assign, sublicense, sell, create a derivative work from or make other use of the
content of this Site. No part of any content, form, or document accessible at
this Site may be reproduced in any form or incorporated into any information
retrieval system, electronic or mechanical.
Indemnity
You hereby agree to indemnify,
defend and hold DPMH, and all its officers, directors, owners, agents,
employees, information providers, affiliates, licensors and licensees
(collectively, the "Indemnified Parties") harmless from and against any and all
liability and costs incurred by the Indemnified Parties in connection with any
claim arising out of any breach by you of the Agreement or the foregoing
representations, warranties and covenants, including, without limitation,
attorneys fees and costs. You shall cooperate as fully as reasonably required in
the defense of any claim. DPMH reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject to
indemnification by you and you shall not in any event settle any matter without
the written consent of DPMH.
Privacy
DPMH's Privacy Policy is hereby
incorporated by this reference. Please click to review DPMH's Privacy Policy.
Communications
By posting
messages, uploading files, inputting data or engaging in any other form of
communication (individually or collectively "Communications") to this Site, you
hereby grant to DPMH a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty free license to use, copy, license, sublicense, adapt,
distribute, display, publicly perform, reproduce, transmit, modify, edit and
otherwise exploit such Communications, in all media now known or hereafter
developed. You hereby waive all rights to any claim against DPMH for any alleged
or actual infringements of any proprietary rights, rights of privacy and
publicity, moral rights, and rights of attribution in connection with such
Communications. This paragraph is not intended to apply to any information
required for your registration on this Site, the use of which will be governed
by DPMH Privacy Policy.
Limitations on DPMH Product And
Service Information
DPMH believes that all content
available through this Site is accurate. However, you should independently
evaluate the accuracy of the information and the usefulness for your particular
needs of any product or service available through this Site. DPMH reserves the
right to change the specifications for products and services without notice.
Availability of products listed in its online catalog at the time of your order
is not guaranteed by DPMH. All information on the Site is subject to the section
titled "Disclaimers" below.
Third-Party Web Sites and Content
The Site may
contain links to third-party Web sites. Links to third-party Web sites are not
under the control of DPMH and DPMH is not responsible for the content, accuracy
or opinions expressed in such Web sites, nor has DPMH investigated, monitored or
checked for accuracy or completeness of any of such third-party Web sites. DPMH
provides links to you only as a convenience, and the inclusion of any link does
not imply endorsement by DPMH of the site. If you decide to leave DPMH's Site
and access third-party sites, you do so at your own risk. If this Site contains
content provided, posted or offered by third parties, you agree that neither
DPMH nor its affiliates shall be liable to you whatsoever for any such
third-party content.
All links to this Site are
prohibited without the express written approval of DPMH.
Disclaimers
THE SITE
AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DPMH
EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
DPMH MAKES NO REPRESENTATION OR
WARRANTY THAT THE SITE OR SITE CONTENT: (I) WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (II) THE SITE OR SITE CONTENT WILL MEET YOUR EXPECTATIONS
OR REQUIREMENTS; OR (III) ANY ERRORS WILL BE CORRECTED.
ANY SITE CONTENT YOU ACCESS OR
DOWNLOAD IS AT YOUR OWN RISK. YOU AGREE THAT DPMH AND ITS AFFILIATES SHALL NOT
BE RESPONSIBLE FOR ANY DAMAGE TO EQUIPMENT, LOSS OF DATA OR OTHER DAMAGE THAT
OCCURS DUE TO SUCH ACCESS OR DOWNLOADS.
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT DPMH AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF DPMH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT
OF OR RELATING TO USE, INABILITY TO USE OR DELAY IN USE OF THE SITE OR SITE
CONTENT UNDER ANY CAUSE OF ACTION WHETHER BASED IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE.
THIS SITE TOGETHER WITH ANY
DOCUMENTS ISSUED BY DPMH AND AVAILABLE THROUGH THIS SITE MAY CONTAIN
FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE SECURITIES
LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN A NUMBER OF PLACES
IN THIS SITE AND CAN BE IDENTIFIED BY THE USE OF FORWARD-LOOKING TERMINOLOGY
SUCH AS "BELIEVE", "EXPECT", "PLANS", "MAY", "WILL", "ANTICIPATES" OR SIMILAR
STATEMENTS OR THE NEGATIVE THEREOF. SUCH FORWARD-LOOKING STATEMENTS INCLUDE BUT
ARE NOT LIMITED TO STATEMENTS MADE AS TO FUTURE OPERATION COSTS, CAPITAL
EXPENDITURES, CASH FLOW, IMPROVEMENTS IN INFRASTRUCTURE, DISTRIBUTION SYSTEMS
AND OPERATING EFFICIENCIES, SALES AND EARNINGS ESTIMATES OR TRENDS AND EXPANSION
PLANS AND PROJECTIONS. SUCH FORWARD-LOOKING STATEMENTS ARE BASED ON CURRENT
EXPECTATIONS AND BY THEIR NATURE INVOLVE KNOWN AND UNKNOWN INTERNAL AND EXTERNAL
RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE THE ACTUAL RESULTS,
PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR
IMPLIED. THE INFORMATION CONTAINED IN BABCOCK & WILCOX, INC.'S (DPMH'S
PARENT COMPANY) MOST RECENT ANNUAL REPORT, AS WELL AS INFORMATION INCLUDED IN
OTHER BABCOCK & WILCOX FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION,
IDENTIFIES IMPORTANT FACTORS THAT COULD CAUSE SUCH RESULTS, PERFORMANCE OR
ACHIEVEMENTS NOT TO BE REALIZED. DPMH UNDERTAKES NO OBLIGATION TO UPDATE
FORWARD-LOOKING STATEMENTS TO REFLECT EVENTS OR CIRCUMSTANCES AFTER THE DATE
SUCH STATEMENTS WERE MADE.
Limitation of Liability
UNDER NO
CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL DPMH OR ITS
PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
VENDORS, OR SUPPLIERS BE LIABLE FOR ANY CLAIM BY ANY PARTY OTHER THAN DPMH FOR
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR
IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ANY CONTENT
CONTAINED ON THIS SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR
NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
USE, DATA OR OTHER INTANGIBLES, EVEN IF DPMH HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION AND THE SECTION TITLED
"DISCLAIMERS" ABOVE SHALL ALSO APPLY TO PROTECT OTHER COMPANIES OFFERING GOODS
OR SERVICES ON THIS SITE IN THE SAME MANNER THAT DPMH IS PROTECTED.
Jurisdictional Issues and Applicable
Law
Unless
otherwise specified, DPMH controls, operates, and administers this Site from our
offices in the State of Ohio, United States of America. DPMH makes no
representation that materials at this Site are appropriate or available for use
at locations outside of the United States, and your access to the Site from
territories where its contents may be illegal is prohibited.
Software from this Site may be
subject to United States export controls. Any such software may not be
downloaded or otherwise exported or re-exported outside the United States.
These terms shall
be governed by the laws of the State of Ohio, without giving effect to its
conflict of laws provisions. You agree that any legal action related to these
terms shall be filed only in the Court of Common Pleas of Fairfield County,
Ohio, or the United States District Court for the Southern District of Ohio, and
you consent and submit to the personal jurisdiction of those courts for the
purposes of litigating any such action. Further, the parties agree to waive the
application of the United Nations Convention on Contracts for the International
Sale of Goods.
Integration and Severability
These terms and any
applicable written contract between you and DPMH constitute the entire agreement
between you and DPMH governing your use of the Site. If any provision of these
terms is deemed unlawful, void, or for any reason unenforceable, then that
provision will be deemed severable from these terms and will not affect the
validity and enforceability of the remaining provisions. You agree that any
claim arising out of or related to the terms or your use of the Site must be
filed within one year after it arose or be permanently barred.