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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.
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 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.
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
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.
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.
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.
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.