CyberPower Terms and Conditions

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Terms and Conditions

Welcome to CyberPower website. Please read the following terms and conditions (“Terms”) carefully before using our website.

1. THIS AGREEMENT AND YOUR ACCEPTANCE

This website www.cyberpower.com is owned, operated, licensed and controlled by Cyber Power Systems, Inc. or any of its related subsidiaries and affiliated companies (together, “CyberPower”) from its offices in Taipei, Taiwan. The Terms stated below will govern the use of any CyberPower company website that links to these Terms.

The following Terms apply to all visitors to or users of CyberPower website. By accessing or using any of the information, tools, services and websites (Collectively, “Services”) CyberPower provides, you agree you have the legal right and capacity to follow these Terms established by CyberPower and to comply with all laws, rules and regulations applicable to your use of our Services and your User Submissions, include but not limited to, copyright laws and export laws. If you do not agree to be bound by all of these Terms or if your country or region excludes the Terms in whole or in part, please do not access or use the Services.

2. PRODUCTS AND SERVICES AVAILABILITY

The website aims to provide comprehensive information and services as the offerings may vary from regions. Please check with your local sales contacts for products and service availabilities.

There will be occasions during which our Services may be interrupted caused by scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.

Some areas of CyberPower website are password -protected and restricted to authorized personnel only. If you are neither, do not attempt to obtain such access, the very act of which may be lead to prosecution and further legal implications.

3. INTELLECTUAL PROPERTY

3.1 Copyright Policy

Our Services include, but not be limited to text, software, firmware, driver, BIOS, service pack, technical specifications , user interfaces, visual interfaces, logos, designs, product names, images, photographs, graphics, audio, video, applications and any other multimedia, web architecture, web design, web layout (“Materials”) derived in whole or in part from information and materials supplied are protected by applicable international copyright law, trademark, patent, and any other applicable laws.

The entire content of the site is copyrighted as a collective work under the Copyright Law of Taiwan. Visitors or users cannot copy, modify, adapt, compile, reproduce, publish, republish, distribute, publicly transmit, publicly release, publicly broadcast, publicly display, reverse engineering, de-compile, disassemble, or illegally use any Materials in whole or in part posted or discovered on this website for any public or commercial purposes without prior written consent from CyberPower. We may, at our own discretion, terminate an account, deny access to any related site or service, or terminate any ongoing services rendered to any user who is alleged to have infringed the copyright or proprietary rights of another without further notice.

3.2 Trademarks

Trademarks, logos, and service marks displayed on the site are either registered or unregistered trademarks of Cyber Power Systems, Inc., its related subsidiaries and affiliated companies, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks (“Marks”) showed on this site are the property of their respective owners. Users are not permitted to use these Marks without the prior written permission from CyberPower or such third party which may own the Mark. CyberPower takes no responsibility for any unauthorized usage by users of any such Marks that are not owned by Cyber Power.

3.3 Software License Agreement

Any software ("Software") that are made available to download from the server of this site may be the copyrighted work of CyberPower and/or its related subsidiaries and affiliated companies, its licensors or content providers, or other third parties.

If you download software from our site, the software, including but not limited to all files, images, contained in or generated by the software, and accompanying data (together, "Software") are deemed to be licensed non-exclusively by CyberPower for authorized usage, which is subject to further written approval by CyberPower when deemed necessary. Neither title nor intellectual property rights of any sorts are deemed transferred in any ways, but remain with CyberPower's, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a human perceivable form.

4. USER OBLIGATIONS AND PROMISE

4.1 User Conduct Policy

By accessing this website, you acknowledge and agree to the laws or the as the following:

  • Comply with this Terms and Conditions established in this website.
  • Comply with all related, applicable laws and the requests of competent authorities.
  • Respond to claims that violate the rights of third parties.
  • Protect CyberPower website, the rights, property, or personal safety of its users and the public.

Please do NOT initiate any of the following action involving any portion or usage of our website:

  • Infringe reputation, privacy, patent, trademark, copyright, trade secret, other intellectual property rights and proprietary rights of any party.
  • Breach obligations to maintain secrecy of laws or contracts.
  • Circumvent, disable or otherwise interfere with any security related features of our Services or features that prevent or restrict use or copying of any Materials and User Submissions.
  • Engage in any activity that tempers with or disrupts our Services (or the servers and networks connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
  • Inject content or code or otherwise alter or interfere with the way in which any part of our Services is rendered or displayed in a User's browser or device.
  • Use or launch any type of automated system, including but not limited to, "robots," "spiders," or "offline readers," etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  • Send unsolicited promotion material or junk mails.
  • Use our Services in any manner or form which is illegal, defamatory, libelous, threatening, tortuous, vulgar, obscene, untrue, or against public policy or morals to CyberPower website.
  • Use our Services for any illegal or unauthorized purpose.
4.2 Member Account and Security

In order to access some features of our Services, an account may have to be created accordingly, and during the account creation process, you agree to the following :

  • Provide truthful, accurate and complete personal information by guidelines on the service’s registration form.
  • Maintain and promptly update your account upon any changes of registration data to keep it correct and complete on a timely basis. If you provide any inaccurate and untrue personal information later to be discovered by CyberPower, CyberPower reserves the right to suspend or terminate your account and refuse current or future use of the Services in whole or in part.
  • Secure your account password secure and share with no one for the purpose of cyber security.
  • Notify CyberPower immediately, if you cannot retrieve your password or notified or made aware of any unauthorized access into your account. If you become aware of or should reasonably have known any of such intrusion stated above, and if you do not notify CyberPower immediately of such use, you will be responsible for any and all liability as a result incurred by CyberPower or any other user of this Site due to unauthorized use. If CyberPower believes that any particular account has been compromised, CyberPower may require password update. Further, CyberPower may suspend or limit the use of such account, refuse to provide services, and/or suspend any transactions if you do not comply with any of these terms. In the event CyberPower reasonably believes that your actions affect in any ways either on our website, other users, or any third parties, CyberPower may warn such other users or third parties, including law enforcement. CyberPower may also investigate any perceived misuse of your account, refer matters to law enforcement, and/or take other legal actions.
  • Create an account for anyone other than yourself.
  • Use another User's account without his/her prior permission, or solicit, collect or use the login credentials of other Users.
  • Sell, transfer, license or assign your account, username, or any account rights.
4.3 User Submissions

All remarks, suggestions, ideas, graphics, or other information sent to CyberPower (together, the "Submission") will become the property of CyberPower afterwards without further legal restraints. CyberPower will not treat any Submission as confidential, and will not be liable for adoption of any such ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future CyberPower operations.

CyberPower discourages anyone who visits our website to send any confidential or proprietary information. By sending CyberPower any information or material of such nature, CyberPower is regarded as being authorized with an unrestricted, irrevocable license to use, copy, sublicense, transmit, re-transmit, reproduce, distribute and/or publicly perform or display those materials or information, and you also agree that CyberPower is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

Without limitation, CyberPower will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in this paragraph, CyberPower will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation. Personally identifiable information that may be received at this site is provided voluntarily by a visitor to this site. This information is for internal purposes only and will not be sold or otherwise transferred to any third parties or entities who are not involved in the operation of this site. Information submitted via a number of areas in this site, for instance, , is not retained. Therefore, the above right to use Submissions is subject to this limited use of this information and excludes non-retained information. You acknowledge that you are responsible for whatever material you submit, and you, not CyberPower have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

CyberPower may not pre-examine contents our members provide through their accounts that members provide. However, for legal purposes, CyberPower has the right to refuse or remove the contents our members provide through their accounts. You agree that you must evaluate and take all risks associated with the content's accuracy, integrity, or usefulness of such content you provided.

5. THIRD-PARTY CONTENT AND LINKED SITES

When accessing our Services, you may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. CyberPower are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content not originated from CyberPower. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect thereto to the fullest extent permitted by law.

CyberPower may provide links to other independent third party websites (“Linked Sites”) as a convenience for commercial purposes. You will assume all potential risk once you click such links. CyberPower have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of such websites (including but not limited to the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright of CyberPower, its subsidiaries or affiliates. CyberPower will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.

6. DISCLAIMER

Although CyberPower has attempted to provide accurate information on the website, CyberPower assumes no responsibility for the accuracy of the information. CyberPower may change the programs or products mentioned at any time without notice. Mention of non-CyberPower products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. CYBERPOWER'S DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CYBERPOWER'S DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CYBERPOWER'S DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CYBERPOWER'S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

This website contains downloadable materials as well as links to external sites. CyberPower is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that CyberPower cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

7. LIMITAION OF LIABILITY

You agree that you assume full responsibility for use of our Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of our Services, or any materials contained in any or all such Services (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. If you are not satisfied with any of the Materials contained in our Services, or with any of these Terms, please discontinue accessing and using our Services.

By accessing our Services, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive any benefits in any applicable laws concerning the extension of possible settlements to the claims that the creditors not know yet.

8. CHANGES AND TERMINATION OF THE TERMS

CyberPower reserves the rights to amend these Terms in any forms or by any means from time to time at its sole discretion, without prior written permission from CyberPower. In the case of any violation of these rules deemed by CyberPower, CyberPower reserves the right to seek all remedies available by law and in equity for such violations. These rules and regulations apply to all visits to the CyberPower website, whenever they take place.

9. JURISDICTION

These Terms shall be governed by and constructed in accordance with the law of Taiwan. CyberPower makes no representation that the materials in our Services are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. If you are an offshore user, you agree to comply with all applicable local laws as well as local rules of online practices. You acknowledge and agree that you may not use our Services in the furtherance of or with intent to commit any illegal activities, or otherwise in violation under any applicable laws, regulations, legal agreement of Taiwan or any other country.

If you infringe the rights of CyberPower or third parties, or take some illegal actions through our service, CyberPower has reserve the rights to terminate all the services to you and take legal actions.

We strictly forbid changing or removing the ownership claim, trademark and other claims of CyberPower website. If you have to use the Materials from our website please contact with CyberPower customer service to acquire prior written consent from CyberPower in advance.

If you have any question about CyberPower Terms and Conditions, please contact with CyberPower customer service.

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