The Site may include, without limitation: (a) various tools for use by prospective customers, customers, marketing and reselling affiliates (collectively the "Services"); (b) information such as technical, contractual, product, program, pricing, marketing, and other valuable information ("Information"); and (c) content such as data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content"). Power-One controls and operates the Site from various locations and makes no representation that the Site is appropriate or available for use in all locations. Power-One products and services may not be available in your location, and deliverables may vary among locations. In addition to these Terms and unless otherwise noted, the standard Power-One terms and conditions for resellers in your jurisdiction govern your activities with respect to Information accessed through the Site. Use of the Site for any purpose not set forth in these Terms is prohibited.
2. YOUR OBLIGATIONS AND CONDUCT
2.1 In consideration of your use of the Site, you agree to: (a) provide accurate, current, and complete information about yourself as may be prompted by a registration form on the Site (the "Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any information you provide to Power-One, to keep it accurate, current and complete. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site. You are solely responsible for maintaining the confidentiality of your password and Registration Data, and are solely responsible for all use of your password and Registration Data, whether authorized by you or not. You agree to notify Power-One immediately of any unauthorized use of your password or Registration Data, or any other breach of security.
2.2 You are entirely responsible for all Content that you upload, post or otherwise transmit via the Site. You agree not to upload, post or otherwise transmit via the Site any Content that: (a) is inaccurate, harmful, obscene, pornographic, defamatory, racist, violent, offensive, harassing, or otherwise objectionable to Power-One or other users of the Site; (b) includes unauthorized disclosure of personal information; (c) violates or infringes anyone's intellectual property rights; (d) constitutes unauthorized or unsolicited advertising; (e) violates any applicable law or regulation; or (f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Power-One reserves the right to edit or remove Content that, in Power-One’s sole determination, violates these Terms.
2.3 You agree that you will not use the Site to: (a) transmit spam, bulk or unsolicited communications; (b) pretend to be Power-One or someone else, or spoof Power-One's or someone else's identity; (c) forge headers or otherwise manipulate identifiers (including URLs) in order to disguise the origin of any Content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any fiduciary relationship, any applicable local, state, national or international law, or any regulations having the force of law, including but not limited to attempting to compromise the security of any networked account or site, operating an illegal lottery or gambling operation, stalking, or making threats of harm; or (g) collect or store personal data about other users unless specifically authorized by such users.
3. CONFIDENTIALITY OF POWER-ONE INFORMATION
3.1 You may obtain direct access via the Site to certain confidential information of Power-One and its suppliers or customers, including without limitation technical, contractual, product, program, pricing, marketing and other valuable information that should reasonably be understood as confidential ("Confidential Information"). You must hold Confidential Information in strict confidence. All right, title and interest in and to Confidential Information remains with Power-One and its suppliers or customers.
3.2 Your obligations regarding Confidential Information expire five (5) years after the date of disclosure. Upon termination of the Terms or Power-One's written request, you must cease use of Confidential Information and return or destroy it.
3.3 The Terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) was in your possession prior to your receipt from Power-One, without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the Terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of Confidential Information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these Terms and as disclosed after prior notice to Power-One adequate to afford Power-One the opportunity to object to the disclosure.
4. CONTENT SUBMITTED TO POWER-ONE
4.2 Power-One does not routinely monitor Content, but Power-One and its designees reserve the right, in their sole discretion, to monitor, restrict access to, edit or remove any Content that is available via the Site.
5. DELIVERY OF E-MAIL
Power-One will attempt to deliver all of the e-mail that is addressed to your e-mail address on Power-One's Services. However, the nature of e-mail is such that Power-One does not guarantee delivery of such e-mail.
You agree to indemnify and hold Power-One and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives (the “Indemnified Parties”) harmless from and against any damage, loss, cost, or expense (including without limitation, legal fees and costs) incurred in connection with any third party claim, demand, proceeding or action (“Claim”) brought against any Indemnified Party arising out of your Content, your use of or connection to the Site (including any use by you on behalf of your employer), your violation of the Terms, or your violation of any rights of another. If you are obligated to Indemnify an Indemnified Party, Power-One may, in its sole and absolute discretion, control the defense and disposition (including its possible settlement) of any Claim at your sole cost and expense. Without limitation of the foregoing, you will not settle, compromise or in any other manner dispose of any Claim without the written consent of Power-One.
7. NOTICES; MODIFICATION AND TERMINATION OF SERVICES
Power-One may provide notice to you via email, regular mail, or posting notices or links to notices on the Site. Power-One reserves the right at any time to modify, suspend or terminate the Services (or any part thereof), and/or your use of or access to them, with or without notice. Power-One may also delete, or bar access to or use of, all related Information and files. Power-One will not be liable to you or any third-party for any modification, suspension, or termination of the Services, or loss of related information.
8. ADVERTISEMENTS AND PROMOTIONS
Power-One may run advertisements and promotions from third parties on the Site. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Power-One found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Power-One is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Power-One advertisers on the Site.
9. CONTENT PROVIDED VIA LINKS
You may find links to other Internet sites or resources on the Site. You acknowledge and agree that Power-One is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Power-One will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The inclusion of a third party link on the Site does not imply an endorsement by Power-One.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 The Information and Content on this Site, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Information or Content may violate such laws and these Terms. Except as expressly provided herein, Power-One and its suppliers do not grant any express or implied rights to use the Information and Content.
Except as expressly authorized by Power-One or by Content providers, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the Content of others, in whole or in part, by any means. You agree not to modify, decompile, or reverse engineer any software Power-One discloses to you, and you agree not to remove or modify any copyright or trademark notice, or other notice of ownership.
10.2 "Power-One Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Power-One uses in connection with its products and services. You may not remove or alter any Power-One Trademarks, or co-brand your own products or material with Power-One Trademarks, without Power-One's prior written consent. You acknowledge Power-One's rights in Power-One Trademarks and agree that any use of Power-One Trademarks by you shall inure to Power-One's sole benefit. You agree not to incorporate any Power-One Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
10.3 Power-One is committed to respecting others' intellectual property rights, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement on our Site, please contact our webmaster located at webmaster@Power-One.com.
10.4 Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. Permission is granted to display, copy, distribute and download Content owned by Power-One on this Site provided that: (a) the copyright notice pertaining to the Content remains, and a permission notice (e.g., "Used with permission") is added to such Content; (b) the use of such Content is solely for personal and non-commercial use; (c) such Content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (d) no modifications are made to such Content. This permission terminates automatically without notice if you breach any of the terms or conditions in this Section 10.4. Upon termination, you must immediately destroy any downloaded and/or printed Content.
11. DISCLAIMER OF WARRANTIES
11.1 YOUR USE OF THE SITE IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. THE SITE, INCLUDING THE INFORMATION, SERVICES AND CONTENT (AS DEFINED HEREIN) IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS"