Forward Looking Statements
This site contains “forward-looking” statements within the meaning of the Securities Exchange Act of 1934, as amended, and the Private Securities Litigation Reform Act of 1995. Such statements relate to, among other things, income, earnings, cash flows, changes in operations, operating improvements, industries in which OPW, a subsidiary of Dover Corporation (NYSE:DOV), operates and the U.S. and global economies. Statements in this press release that are not historical may be indicated by words or phrases such as “anticipates,” “expects,” “believes,” “indicates,” “suggests,” “will,” “plans,” “supports,” “projects,” “should,” “would,” “could,” “hope,” “forecast” and “management is of the opinion,” use of future tense and similar words or phrases. Forward-looking statements are subject to inherent risks and uncertainties that could cause actual results to differ materially from current expectations, including, but not limited to, the state of the worldwide economy and sovereign credit, especially in Europe; political events that could impact the worldwide economy; the impact of natural disasters and their effect on global supply chains and energy markets; increases in the cost of raw materials; current economic conditions and uncertainties in the credit and capital markets; OPW’s ability to achieve expected savings from integration, synergy and other cost-control initiatives; the ability to identify and successfully consummate value-adding acquisition opportunities; increased competition and pricing pressures in the markets served by OPW’s operating companies; the ability of OPW’s companies to expand into new geographic markets and to anticipate and meet customer demands for new products and product enhancements; changes in customer demand; the impact of loss of a single-source manufacturing facility; a downgrade in OPW’s credit ratings; international economic conditions including interest rate and currency exchange rate fluctuations; the relative mix of products and services which impacts margins and operating efficiencies; short-term capacity constraints; domestic and foreign governmental and public policy changes including environmental regulations and tax policies (including domestic and international export subsidy programs, R&E credits and other similar programs); unforeseen developments in contingencies such as litigation; protection and validity of patent and other intellectual property rights; the cyclical nature of some of OPW’s companies; domestic housing industry weakness; instability in countries where OPW conducts business; and possible future terrorist threats and their effect on the worldwide economy. Dover Corporation refers you to the documents that it files from time to time, if any, with the Securities and Exchange Commission, such as its reports on Form 10-K, Form 10-Q and Form 8-K, for a discussion of these and other risks and uncertainties that could cause its actual results to differ materially from its current expectations and from the forward-looking statements contained in this press release. Dover Corporation undertakes no obligation to update any forward-looking statement.
These are the Terms of OPW, a Dover Company, (“we”, “our”, “us”, or “OPW”) applicable to www.opwglobal.com and our OPW-branded websites around the world, including as updated from time to time, the following (“OPW Sites”):
Access and Use of OPW Sites.
The OPW Sites are intended for persons who are 18 or older and is for general information purposes only. If you are under 18, please do not use the OPW Sites. The OPW Sites and the articles, reviews, comments, images, sounds, and other materials on the OPW Sites (including, but not limited to, the design, layout, look, appearance and graphics) (collectively, “Site Content”) are protected by copyright and other intellectual property laws. You may not reproduce, republish, distribute, sell, store on any other web site or other form of electronic retrieval system, or otherwise use any Site Content without our express permission. If you would like permission to use Site Content, please email us at email@example.com.
User Provided Content.
We may post reviews, comments, and other materials from users on the OPW Sites (“User Content”). We are not the publisher or author of User Content and we may not screen User Content before it is posted. However, we reserve the right to edit, redact or delete User Content. You agree that any User Content you submit will not be unlawful or infringe on the rights of others. You also agree to be solely responsible for any damages resulting from any User Content you submit. All User Content submitted to us will be treated as non-proprietary and non-confidential. We may reproduce, republish, distribute, or otherwise use User Provided Content for any purpose whatsoever.
Copyright Infringement Claims.
If you believe that any Site Content infringes upon your copyright, please notify us by email at firstname.lastname@example.org. Your notice should include (a) a description of the copyrighted work that you claim has been infringed; (b) the URL where the allegedly infringing Site Content is located; (c) your full name, postal address, telephone number, and email address; (d) a statement that you have a good faith belief that the use of the allegedly infringing material on our OPW Sites is not authorized; and (e) a statement that you are the copyright owner or an authorized agent of the copyright owner.
Disclaimer of Warranties and Liability.
These OPW Sites and all Site Content are provided “AS IS” to the full extent permitted by law. This means that we do not warrant that the OPW Sites or Site Content will be (a) fit for any particular purpose; (b) uninterrupted or error-free; or (c) free of defamatory, offensive, or illegal material or defects such as viruses, malfunctions, or harmful components that could damage or allow unauthorized access to your computer or computer network. You acknowledge that the OPW Sites and Site Content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Neither we, nor our officers, directors, members, employees, agents, or representatives are liable for any damages resulting from use of these OPW Sites or Site Content including, but not limited to, damages caused by defamatory, offensive, or illegal material or damages caused by viruses, malfunctions, or other harmful components accessed through the OPW Sites.
In no event shall we, and our affiliated entities, together with our/their respective employees, agents, directors, officers, and shareholders, be responsible or liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from or related to content located on (or accessible via) the OPW Sites, or related to your access to, or use of, or inability to use the OPW Sites, even if we have been advised of the possibility of such damages or losses.
It is strictly forbidden for you to create or introduce, or advise others to create or introduce, any type of virus or malware to the OPW Sites, which could (or will) cause damage or other harmful effects.
The Site Content is only meant for informative purposes. Therefore, no information, materials or content contained in the OPW Sites shall constitute advice, or substitute for professional advice.
Links and Changes to OPW Sites.
The OPW Sites include links to other web sites that are not maintained by us. OPW and Dover Corporation are not responsible for any information, functionality, or content of these web sites nor does their presence mean that OPW or Dover Corporation endorse such web sites. We may at any time and for any reason in our sole discretion, modify or discontinue the OPW Sites or Site Content or terminate or restrict your access to the OPW Sites.
Your use of the OPW Sites and any disputes arising out of such use of the OPW Sites is subject to the laws of Illinois without reference to its conflict or choice of law rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Illinois. If the arbitration agreement in sections (a) through (c) does not apply to a given dispute or claim, you agree that any litigation of that dispute or claim shall be subject to the exclusive jurisdiction of the state or federal courts located in DuPage County, Illinois, United States. The United Nations Convention on Contracts for the International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
Arbitration and Class Action Waiver Provision
(b) you use the OPW Sites after such effective date. If you do not agree with these changes, you will not be able to use the website.
Mandatory Arbitration. For all disputes arising out of or relating in any way to the OPW Sites or this Agreement (including any dispute about arbitrability itself), you must first send a written description of your claim to OPW to allow OPW an opportunity to resolve the dispute. You and OPW each agree to negotiate your claim in good faith. If the parties still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Arbitration will be between OPW and the claimant individually. Please read this Section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this Agreement.
(a) Arbitration Procedures. For consumer claims, the individual arbitration of any dispute or claim arising out of or relating in any way to the OPW Sites shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) Consumer Arbitration Rules (https://www.adr.org/sites/default/files/Consumer_Rules_Web_0.pdf), as modified by this Agreement. Commercial disputes shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”) Commercial Arbitration Rules (https://adr.org/sites/default/files/Commercial%20Rules.pdf), as modified by this Agreement. For clarity, parties agree to delegate to the arbitrator not only substantive issues but also threshold issues such as those issues affecting the parties’ rights to litigate, and therefore disputes concerning the interpretation or enforceability of this arbitration agreement shall also be subject to arbitration under this Section. The AAA Consumer Arbitration Rules, and the AAA Commercial Arbitration Rules, as well as information about arbitration and fees are available online at www.adr.org. You agree that this Agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. For consumer claims, the place of any arbitration shall be in the county where you reside or DuPage County, Illinois, at your election. For commercial disputes, the place of arbitration shall be DuPage County, Illinois. The individual arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce this Agreement as a court would. Any arbitration shall be confidential, and neither party may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
(b) Costs. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration. For commercial disputes, each party will equally share all filing, administration and arbitrator fees. For proceedings under the Consumer Arbitration Rules, reasonable filing, administrative and arbitrator fees shall be paid for by OPW.
(c) Class Action Waiver for Arbitration. You agree that any proceeding in arbitration will be conducted only on an individual basis and not in a class, consolidated, or representative action.
The International Sale of Goods (1980) is hereby excluded in its entirety from application to this Agreement.
(d) Time Limit for Filing Claims. You agree that any claim or cause of action arising out of or related to any use of the OPW Sites or any activity related to this Agreement must be filed within two (2) years after such claim or cause of action arose or be forever barred.
3. Class Action and Jury Waiver.
(a) Class Action Waiver and Jury Waiver in Litigation. You agree that, if you have validly opted out of arbitration pursuant to Section 2(g), or if the arbitration agreement contained in sections 2(a) through (h) is found to be unenforceable, any claim or proceeding to be pursued in court will be conducted only on an individual basis and not in a class, consolidated, or representative action. You further agree that if a claim or proceeding proceeds in court rather than through arbitration, you and OPW each waive the right to a jury trial.