FIAMMAmerica.com: Privacy Policy

FIAMMAmerica.com Terms and Conditions of Use

Welcome to FIAMMAmerica.com (the "Site"). FIAMM Technologies, Inc. ("FIAMM") owns and maintains the Site as a service to FIAMM's customers and the businesses they represent (collectively "User" or "you") for informational purposes only. By using this Site, User agrees to accept and abide by the Terms and Conditions of Use set forth in this notice. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. FIAMM may revise or modify these Terms and Conditions of Use from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User's acceptance of the Terms and Conditions of Use as so revised or modified.

1. LAWS AND REGULATIONS. User access to the Site is subject to any and all applicable federal, state and local laws and regulations.

2. OWNERSHIP/LIMITED LICENSE. FIAMM owns all information, content, materials, and other items on the Site (collectively the "FIAMM Materials"). Subject to these Terms and Conditions of Use, FIAMM grants User a limited, non-exclusive, non-transferable, revocable right to view, print and use this Site and the FIAMM Materials provided herein. FIAMM authorizes User to view and use this Site solely for User's own internal business purposes. This limited authorization is not a transfer of title in or to the FIAMM Materials and User further agrees to the following restrictions: (i) User must retain all copyright, trademark and other proprietary notices contained in the FIAMM Materials; (ii) User may not modify the FIAMM Materials in any way or reproduce or publicly display them; and (iii) User must not transfer the FIAMM Materials to any other person or third party unless such person or third party agrees to accept and abide by these Terms and Conditions of Use. This Site, including all content, organization, graphics, design compilation and other matters related to the Site are protected under applicable copyright, trademark, and other intellectual property laws of the United States. User agrees to comply with all applicable copyright, trademark, and other intellectual property laws in using this Site. Except for the limited license provided herein, User does not acquire any ownership interest, express or implied, under any patents, trademarks, copyrights or trade secret information viewed through the Site. Users of this Site are prohibited from modifying, copying, distributing, displaying, creating derivative works or using any of the FIAMM Materials on this Site for commercial or public purposes.

3. NO WARRANTIES/DISCLAIMER. THIS SITE AND THE FIAMM MATERIALS ARE PROVIDED ON AN "AS IS" BASIS AND AS SUCH THIS SITE AND THE FIAMM MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. FIAMM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE FIAMM MATERIALS OR ANY OPINION, ADVICE OR STATEMENT DISPLAYED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE BATTERY SYSTEM SIZER. FIAMM EXPRESSLY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THIS SITE AND THE FIAMM MATERIALS MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN "BUGS", ERRORS, PROBLEMS, DEFECTS, OR OTHER LIMITATIONS.

4. REGISTRATION/PERSONAL INFORMATION. User may have the opportunity to provide certain personal information to access certain portions of this Site that are restricted to authorized users. In order to access portions of the Site restricted to authorized users, you may be required to complete a registration form The collection or use of such personal information on the registration form shall be governed in accordance with the FIAMM Privacy Policy.

5. FIAMM PRIVACY POLICY. Registration data and certain other information about User is subject to the FIAMMAmerica.com Privacy Policy.

6. BATTERY SYSTEM SIZER. FIAMM does not make any representations or warranties regarding the accuracy of the results of the Battery System Sizer Configurator. Such results are only an estimate and in each circumstance should be confirmed by a FIAMM sales representative.

7. SCOPE OF TERMS AND CONDITIONS OF USE/LINKS. These Terms and Conditions of Use apply only to this Site. Although FIAMM may provide hyperlinks on this Site to other web sites, those web sites are not covered by these Terms and Conditions of Use. If User links to these sites, User will leave this Site and User does so at User's own risk. You should read the terms and conditions of use of every web site you visit, including those web sites to which this Site provides links. FIAMM makes no warranty or representation regarding any linked web sites or the information appearing on such linked sites. The links do not imply that FIAMM sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in the linked sites. FIAMM prohibits caching, unauthorized hypertext links to this Site, or the framing of any Materials available on this Site. As such, FIAMM reserves the right to disable any unauthorized links or frames and specifically disclaims any responsibility for the Materials available on any other web site linked to this Site. Users should be aware that linked Sites may contain rules and regulations, privacy policies, confidentiality policies, and other provisions that differ from the provisions of this Site. FIAMM is not responsible for such policies and expressly disclaims any and all liability related to such policies.

8. LIMITATIONS OF DAMAGES. IN NO EVENT SHALL FIAMM, ITS PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS EMPLOYEES, AND/OR SHAREHOLDERS HAVE ANY LIABILITY HEREUNDER TO ANY USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMIATION, ANY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF INFORMATION, LITIGATION, OR THE LIKE) THAT ARE RELATED TO THE USE OF THE FIAMM MATERIALS AND THIS SITE AND THAT ARE BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF FIAMM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FIAMM AND USER REGARDING USE OF THIS SITE. THIS SITE AND THE FIAMM MATERIALS WOULD NOT BE PROVIDED TO USER WITHOUT SUCH LIMITATION ON DAMAGES.

9. ACCESS TO PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of this Site are restricted to authorized Users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

10. VIOLATIONS OF TERMS AND CONDITIONS. FIAMM reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions of Use.

11. JURISDICTION/CHOICE OF LAW. Users of this Site acknowledge and agree that this Site is controlled, operated and administered by FIAMM from within the United States of America. FIAMM makes no representation that the FIAMM Materials on this Site are appropriate or available for use at any locations outside of the United States. These Terms and Conditions of Use shall be governed by the laws of the State of Michigan (without regard to conflicts of law principles). All legal proceedings arising hereunder shall be brought solely in Grand Rapids, Michigan.

12. TRADEMARKS. The following are trademarks and service marks of FIAMM, its parent, subsidiaries and affiliates that may appear on this Site: http://www.fiamm.com

13. SECURITIES LAWS. This Site may include statements concerning FIAMM's operations, prospects, financial condition and demand for FIAMM's products, as well as plans and objectives that are forward looking. These statements are assumptions that are subject to many factors, many of which are beyond FIAMM's control. The Site and the information contained herein does not constitute an offer or a solicitation for the sale of securities. None of the information contained in this Site is intended to be, and shall not be deemed to be, incorporated into any securities-related filings or documents.

14. INFORMATION/PRESS RELEASES. This Site contains information and press releases concerning FIAMM. While this information was believed to be accurate to the best of FIAMM's knowledge when put on this Site, FIAMM expressly disclaims any duty or obligation to update such information or keep such information current.

15. GENERAL. These Terms and Conditions of Use together with the FIAAMAmerica.com Privacy Policy constitute the entire Agreement between FIAMM and User with respect to the use of this Site and supersedes all prior or contemporaneous agreements and understandings with respect to this Site. User agrees to review these Terms and Conditions of Use prior to reviewing any information from the Site. Any cause of action User may have with regard to the use of this Site must be instituted within one (1) year after the claim or cause of action arises or be deemed forever waived and barred. If any court of competent jurisdiction finds any provision of this Agreement to be unenforceable, such provision shall be enforced to the maximum extent permissible, and the remainder of this Agreement shall be separately enforced.

16. Questions or Comments. If you have any questions, comments, or concerns about these Terms and Conditions of Use or this Site, please contact FIAMM in one of the following ways:

By E-mail: websupport@fiammtech.com

17. CHANGES TO THESE TERMS AND CONDITIONS OF USE. By using this Site, User agrees to accept and abide by these Terms and Conditions of Use. If User does not agree to accept and abide by these Terms and Conditions of Use, do not use the Site. FIAMM may revise or modify these Terms and Conditions of Use from time to time and post such revisions or modifications on this page. Continued use of the Site after any such revision or modification constitutes User's acceptance of these Terms and Conditions of Use as so revised or modified. If these Terms and Conditions of Use are revised, the revised Terms and Conditions of Use will be posted here with the date of the most recent version posted below.

These Terms and Conditions of Use were revised and posted on May 15, 2002.