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“WaterCube”, “Water your way”, “Water at the edge”, “Technologies that transform” are trademarks of Genesis Systems and may not be used without permission. “Genesis Systems” is a registered trademark of Genesis Systems LLC, 3108 N Boundary Blvd. Building 926 #186 Tampa, FL 33621.
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Use of Site
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Intellectual Property Rights
- That Genesis Systems owns or licenses any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary or moral rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide (“Intellectual Property Rights”) in connection with or relating to the Sites and Content, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content or contained on the Sites (“Genesis Systems IP”).
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- Genesis Systems may, at its sole discretion, disable and terminate access to the Sites and Content by any persons or entity that may be infringing the Intellectual Property Rights of Genesis Systems or others.
Grant of License
- Reproduce, modify, publish, distribute, publicly display, adapt, alter, translate, or create derivative works from any Site or Content.
- Sublicense, lease, sell, rent, loan, or otherwise transfer any Site or Content to any third party.
- Reverse engineer, de compile, disassemble, or otherwise attempt to derive the source code for any Site or Content.
- Use any Site or Content in a “service bureau” or similar structure whereby third parties obtain use of any Site or Content through you.
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By accessing or using any Site, you confirm that you have received a copy of the specific Privacy Notice applicable to such Site (available from the Site) and Genesis Systems’ Global Data Privacy Statement and that you understand and agree that your personal information will be collected, shared, and otherwise processed in accordance with the Privacy Notice and Privacy Statement.
Interactive Forums and User Materials
- Upload to, distribute or otherwise publish through any Site any message, data, information, text or other material (“User Materials”) that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
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- Upload or transmit any User Materials that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Materials.
- Without Genesis Systems’ written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods, or services, including junk mail and spam.
- Genesis Systems takes no responsibility and assumes no liability for any User Materials posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. As a provider of interactive services, if any, Genesis Systems is only a forum and is not liable for any statements, representations, or User Materials provided by its users. Genesis Systems has the right, but not the obligation, to monitor any activity and User Materials associated with its forums and interactive areas. Genesis Systems may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension, or termination of service, and/or removal of posted User Materials. Genesis Systems reserves the right and has absolute discretion, to remove, screen or edit any User Materials that violate these provisions or is otherwise objectionable.
You shall remain solely liable for of any messages or other User Materials you upload or transmit to any Site, including the discussion forums or interactive areas of any Site.
Forward Looking Statements
The Sites, and any documents issued by Genesis Systems available through any Site, may contain statements that relate to future events and expectations and are forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Words such as “believe,” “estimate,” “will be,” “will,” “would,” “expect,” “anticipate,” “plan,” “project,” “intend,” “could,” “should” or other similar words or expressions often identify forward-looking statements. All statements other than statements of historical fact are forward-looking statements, including, without limitation, statements regarding our outlook, projections, forecasts, or trend descriptions. These statements do not guarantee future performance, and we do not undertake to update our forward-looking statements. Genesis Systems’ actual results may differ materially from those described or implied in our forward-looking statements based on a number of factors, including, but not limited to: (i) global economic conditions and economic conditions in the industries and markets we serve; (ii) government monetary or fiscal policies and infrastructure spending; (iii) commodity or component price increases, fluctuations in demand for our products, or limited availability of raw materials and component products, including steel; (iv) our and our customers’, dealers’ and suppliers’ ability to access and manage liquidity; (v) political and economic risks and instability, including national or international conflicts and civil unrest; (vi) our and Genesis Systems ability to: maintain credit ratings, avoid material increases in borrowing costs, and access capital markets; (vii) the financial condition and credit worthiness of Genesis Systems customers; (viii) changes in interest rates or market liquidity; (ix) changes in financial services regulation; (x) inability to realize expected benefits from acquisitions, and divestitures, including the divestiture of the distribution business to our independent dealers; (xi) international trade and investment policies; (xii) market acceptance of our products and services; (xiii) changes in the competitive environment, including market share, pricing and geographic and product mix of sales; (xiv) successful implementation of capacity expansion projects, cost reduction initiatives and efficiency or productivity initiatives, including the Genesis Systems; (xv) inventory management decisions and sourcing practices of our dealers or original equipment manufacturers; (xvi) compliance with environmental laws and regulations; (xvii) alleged or actual violations of trade or anti-corruption laws and regulations; (xviii) additional tax expense or exposure; (xix) currency fluctuations; (xx) our or Genesis Systems compliance with financial covenants; (xxi) increased pension plan funding obligations; (xxii) union disputes or other labor matters; (xxiii) significant legal proceedings, claims, lawsuits or investigations; (xxiv) compliance requirements imposed if carbon emissions legislation and/or regulations are adopted; (xxv) changes in accounting standards; (xxvi) failure or breach of information technology security; (xxvii) adverse effects of natural disasters; and (xxviii) other factors described in more detail under the sections captioned “Management’s Discussion and Analysis” and “Risk Factors” in our Form 10-K filed most recently filed with the U.S. Securities and Exchange Commission.
The Content contained within press releases issued by Genesis Systems should not be deemed accurate or current except as of the date the release was posted. Genesis Systems has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.
Limitation of Liability; Remedy
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
The Sites may contain links to other independent third-party Web sites or resources (“Linked Sites”). These Linked Sites are provided solely as a convenience to you. Such Linked Sites are not under Genesis Systems’s control, and Genesis Systems is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Import and Export Compliance
You may not use or otherwise export or re-export the Sites or Content except as authorized by United States law and the laws of the jurisdiction in which Site, Content and Service Offerings was obtained. In particular, but without limitation, the Sites and Content may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. You represent and warrant that your access and use of the Sites and Content will not violate any such laws and that you are not located in any such country or on any such list. You also agree that you will not use any Site or Content for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
U.S. Government Rights
The Sites and Content are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Contractual Statute of Limitations
Dispute Resolution and Mandatory Arbitration
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Genesis Systems LLC, 3108 N Boundary Blvd. Building 926 #186 Tampa, FL 33621. The arbitration will take place in Tampa, Florida in accordance with the American Arbitration Association (AAA) Commercial Arbitration Rules and Mediation Procedures. Your request for arbitration must be post marked within the time period specified above under “Contractual Statute of Limitations.” In no event shall demand for arbitration be made or permitted after the date when the institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
This agreement to arbitrate shall be specifically enforceable in any court having jurisdiction thereof. Any decision rendered by the arbitrator pursuant to any arbitration shall be final and binding upon the parties, and judgment may be entered upon in in accordance with applicable law in any court of competent jurisdiction.
The prevailing party in any arbitration or court proceedings shall be reimbursed by the other party for all costs, expenses and charges, including, without limitation, reasonable attorneys’ fees, incurred by the prevailing party.
Choice of Law; Severability
We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of Illinois and of the United States. If any Content or User Materials on any Site, or your use of any Site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.