Last Updated 8 November 2018
TERMS AND CONDITIONS OF USE
This web page represents a legal document that serves as our Terms and Conditions of Use (“Agreement”) and it governs the legal terms of our website, https://Fike.com, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Fike Corporation.
Fike Corporation is the collective name for the companies that belong to the Fike Corporation group, being:
- Fike Corporation
- Fike Europe B.V.B.A.
- Fike France
- Fike Europe B.V.B.A. Filiale di Milano
- Fike U.K.
- Fike Europe B.V.B.A. Sucursal en España
- Fike Deutschland Zweigniederlassung von Fike Europe B.V.B.A.
- Fike Corporation Dubai Branch
- Fike Latina Ltda in Liquidation
- Fike Protection Systems Limited
- Fike Canada, Inc.
- Fike India Private Limited
- Fike Japan Gōdō Kaisha
- Fike Safety Technology Ltd
- Fike Safety Technology Ltd Türkiye (İstanbul) İrtibat Bürosu
- Intelligent Technologies and Services, Inc.
- Intelligent Technologies and Services, Inc. dba Facilities Protection Systems
- Superior Electric, Inc.
- Fike International Sdn. Bhd.
- Fike Asia Pacific Sdn. Bhd.
- Malaysia Fike Asia Pacific Sdn. Bhd. Shanghai
- Fike Asia Pacific
- Fike IC-DISC Corporation
- Prestige Worldwide Development, LLC
- Keller Fire & Safety, Inc.
- Fike Video Analytics Corporation
- Suppression Systems, Inc.
- Cartridge Actuated Devices, Inc.
- Energy Technology, Inc.
Conditions of Use
Use of this website is subject to the following conditions. If you visit or use this website or purchase any Fike Corporation products or services, you accept these conditions. Please read them carefully.
Intellectual Property Rights
All intellectual property rights, which are deemed to include – but not limited to – (licenses to) copyrights, trademarks, trade names, design rights, patents, database rights, domain names, know-how and/or trade secrets, and/or similar and/or related rights, pertaining to all of the content, texts, graphics, visuals, imagery, layout, names, slogans, software (codes), data files and all other elements accessible via this website, are the sole property of or shall accrue to Fike Corporation and/or its licensors.
Our Website may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos. Your use of our Website does not constitute any right or license for you to use such service marks/trademarks, without the prior written permission of the corresponding service mark/trademark owner. Our Website is also protected under international copyright laws. The copying, redistribution, use or publication by you of any portion of our Website is strictly prohibited. Your use of our Website does not grant you ownership rights of any kind in our Website.
Fike Corporation grants you a temporary, non-exclusive, non-transferable, non-assignable, non-sublicensable and revocable license to use this website for the purposes pursued by it and in accordance with this disclaimer, the relevant terms and conditions and applicable law.
It is forbidden to resell, disseminate or otherwise re-use any information provided via this website, such as information regarding vacancies, whether or not combined with other services, without the prior written consent of Fike Corporation.
Content and limitation of liability
The content of this website is provided “as is” and without warranties of any kind either expressed or implied.
This website is created and maintained by Fike Corporation with the utmost care. However, our Website is provided to you without charge as a convenience and for your information only. By merely providing access to our Website content, Fike Corporation does not guarantee that the content and functions contained in this website will always be correct, complete, uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make it available is free of viruses or other malware. Fike Corporation shall not be responsible nor liable for any third-party software downloaded through this website, or for any incompatibility with any browser software.
Any liability of Fike Corporation arising from or in relation to the access and/or use of this website shall be excluded to the fullest extent permitted by applicable law.
Communication, Comments, Emails and Other Content
We do not want to receive confidential or proprietary information from you through our Website. If you transmit to or post on our Website any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy.
Visitors to this website may not post comments, submit emails or other content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Fike Corporation reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Fike Corporation and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant Fike Corporation, its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Fike Corporation, its affiliates and their respective officers, directors, employees, agents and contractors for all claims resulting from content you supply. Fike Corporation has the right but not the obligation to monitor and edit or remove any activity or content. Fike Corporation takes no responsibility and assumes no liability for any content posted by you or any third-party.
You agree to indemnify, defend and hold harmless Fike Corporation, its officers, directors, employees, agents, licensors, suppliers and any third party information or services providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement by you or arising out of or in connection with your use of the Website.
Violation and blocking
It is forbidden to use this website, including the private area of this website, in a way that could hinder or infringe upon (the rights of) Fike Corporation, the other users of this website and/or third parties and/or that could (otherwise) adversely affect the proper functioning and/or content of this website and/or the software controlling its operation.
Without prejudice to any other rights of Fike Corporation in this regard, Fike Corporation shall be entitled, without prior notice, to deny you the access to (the private area of) this website and to the products and services offered, if you do not comply with this disclaimer, the relevant terms and conditions or act unlawfully in any other way in respect of Fike Corporation, the other users of this website and/or any third parties.
Availability and changes
Fike Corporation, shall be entitled to suspend the availability of this website, for instance in case of updates or maintenance. In addition, Fike Corporation, may at any time change the content and/or services provided via this website without prior notice.
This website may contain links to websites of third parties. Fike Corporation, shall not be responsible nor liable for the operation and content of such third party websites.
Privacy and cookies
Governing law; Dispute resolution
If you are a citizen or resident of a country within the European Economic Area (“EEA”), then your data will be processed exclusively within the legal framework of the data protection provisions of the European Union, particularly the GDPR. You may make a claim in the courts of Belgium. Any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Fike Corporation and you arising out of or in connection with your use of the website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law. If you are a citizen or resident of a country outside of the EEA, then the preceding provision regarding venue does not apply you and you agree that this Website is controlled by us from our offices within the United States of America. Fike Corporation makes no representation that content or materials in the Website are appropriate or available for use in other jurisdictions. Access to our Website content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Website and its content and materials, as well as all matters relating to your access to or use of the website, including all disputes, will be governed by the laws of the United States of America and the State of Missouri without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Jackson County, Missouri and waive any objection to such jurisdiction or venue. For more information, please contact us.
THIRD PARTIES’ RIGHTS UNDER THIS AGREEMENT
Some of the provisions of this Agreement are for the benefit of Fike Corporation and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
THIS AGREEMENT MAY BE TERMINATED
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Website after you have terminated this Agreement. Provisions 1, 2, 3, 4, 5, 9, 10, and 11 of this Agreement shall survive any termination of this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Fike Corporation may assign its rights and duties under this Agreement to any party at any time without notice to you.
Updated by Fike Corporation Legal Department – 8 November 2018