AGREEMENT
BETWEEN USER AND Advance Turbine Design
The Advance Turbine Design Web Site
is comprised of various Web pages
operated by Advance Turbine Design.
The Advance Turbine Design Web Site
is offered to you conditioned on your
acceptance without modification of the
terms, conditions, and notices contained
herein. Your use of the Advance Turbine
Design Web Site constitutes your
agreement to all such terms, conditions,
and notices.
MODIFICATION OF
THESE TERMS OF USE
Advance Turbine Design reserves the
right to change the terms, conditions,
and notices under which the Advance
Turbine Design Web Site is offered,
including but not limited to the charges
associated with the use of the Advance
Turbine Design Web Site.
LINKS TO THIRD
PARTY SITES
The Advance Turbine Design Web Site
may contain links to other Web Sites
("Linked Sites"). The Linked Sites are
not under the control of Advance Turbine
Design and Advance Turbine Design is not
responsible for the contents of any
Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or updates
to a Linked Site. Advance Turbine Design
is not responsible for webcasting or any
other form of transmission received from
any Linked Site. Advance Turbine Design
is providing these links to you only as
a convenience, and the inclusion of any
link does not imply endorsement by
Advance Turbine Design of the site or
any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the
Advance Turbine Design Web Site, you
warrant to Advance Turbine Design that
you will not use the Advance Turbine
Design Web Site for any purpose that is
unlawful or prohibited by these terms,
conditions, and notices. You may not use
the Advance Turbine Design Web Site in
any manner which could damage, disable,
overburden, or impair the Advance
Turbine Design Web Site or interfere
with any other party's use and enjoyment
of the Advance Turbine Design Web Site.
You may not obtain or attempt to obtain
any materials or information through any
means not intentionally made available
or provided for through the Advance
Turbine Design Web Sites.
USE OF
COMMUNICATION SERVICES
The Advance Turbine Design Web Site
may contain bulletin board services,
chat areas, news groups, forums,
communities, personal web pages,
calendars, and/or other message or
communication facilities designed to
enable you to communicate with the
public at large or with a group
(collectively, "Communication
Services"), you agree to use the
Communication Services only to post,
send and receive messages and material
that are proper and related to the
particular Communication Service. By way
of example, and not as a limitation, you
agree that when using a Communication
Service, you will not:
- Defame, abuse, harass, stalk,
threaten or otherwise violate the
legal rights (such as rights of
privacy and publicity) of others.
- Publish, post, upload,
distribute or disseminate any
inappropriate, profane, defamatory,
infringing, obscene, indecent or
unlawful topic, name, material or
information.
- Upload files that contain
software or other material protected
by intellectual property laws (or by
rights of privacy of publicity)
unless you own or control the rights
thereto or have received all
necessary consents.
- Upload files that contain
viruses, corrupted files, or any
other similar software or programs
that may damage the operation of
another's computer.
- Advertise or offer to sell or
buy any goods or services for any
business purpose, unless such
Communication Service specifically
allows such messages.
- Conduct or forward surveys,
contests, pyramid schemes or chain
letters.
- Download any file posted by
another user of a Communication
Service that you know, or reasonably
should know, cannot be legally
distributed in such manner.
- Falsify or delete any author
attributions, legal or other proper
notices or proprietary designations
or labels of the origin or source of
software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other
user from using and enjoying the
Communication Services.
- Violate any code of conduct or
other guidelines which may be
applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others, including
e-mail addresses, without their
consent.
- Violate any applicable laws or
regulations.
Advance Turbine Design has no
obligation to monitor the Communication
Services. However, Advance Turbine
Design reserves the right to review
materials posted to a Communication
Service and to remove any materials in
its sole discretion. Advance Turbine
Design reserves the right to terminate
your access to any or all of the
Communication Services at any time
without notice for any reason
whatsoever.
Advance Turbine Design reserves the
right at all times to disclose any
information as necessary to satisfy any
applicable law, regulation, legal
process or governmental request, or to
edit, refuse to post or to remove any
information or materials, in whole or in
part, in Advance Turbine Design's sole
discretion.
Always use caution when giving out
any personally identifying information
about yourself or your children in any
Communication Service. Advance Turbine
Design does not control or endorse the
content, messages or information found
in any Communication Service and,
therefore, Advance Turbine Design
specifically disclaims any liability
with regard to the Communication
Services and any actions resulting from
your participation in any Communication
Service. Managers and hosts are not
authorized Advance Turbine Design
spokespersons, and their views do not
necessarily reflect those of Advance
Turbine Design.
Materials uploaded to a Communication
Service may be subject to posted
limitations on usage, reproduction
and/or dissemination. You are
responsible for adhering to such
limitations if you download the
materials.
MATERIALS
PROVIDED TO Advance Turbine Design OR
POSTED AT ANY Advance Turbine Design WEB
SITE
Advance Turbine Design does not claim
ownership of the materials you provide
to Advance Turbine Design (including
feedback and suggestions) or post,
upload, input or submit to any Advance
Turbine Design Web Site or its
associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or
submitting your Submission you are
granting Advance Turbine Design, its
affiliated companies and necessary
sublicensees permission to use your
Submission in connection with the
operation of their Internet businesses
including, without limitation, the
rights to: copy, distribute, transmit,
publicly display, publicly perform,
reproduce, edit, translate and reformat
your Submission; and to publish your
name in connection with your Submission.
No compensation will be paid with
respect to the use of your Submission,
as provided herein. Advance Turbine
Design is under no obligation to post or
use any Submission you may provide and
may remove any Submission at any time in
Advance Turbine Design's sole
discretion.
By posting, uploading, inputting,
providing or submitting your Submission
you warrant and represent that you own
or otherwise control all of the rights
to your Submission as described in this
section including, without limitation,
all the rights necessary for you to
provide, post, upload, input or submit
the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Advance Turbine Design WEB
SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE
PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Advance Turbine Design AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Advance Turbine
Design WEB SITE AT ANY TIME. ADVICE
RECEIVED VIA THE Advance Turbine Design
WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC
ADVICE TAILORED TO YOUR SITUATION.
Advance Turbine Design AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED
ON THE Advance Turbine Design WEB SITE
FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE
PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. Advance Turbine
Design AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL
Advance Turbine Design AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES
WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE,
DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE Advance Turbine
Design WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE Advance Turbine
Design WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THE Advance
Turbine Design WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Advance
Turbine Design WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Advance
Turbine Design OR ANY OF ITS SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE Advance Turbine Design WEB SITE,
OR WITH ANY OF THESE TERMS OF USE, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THE Advance Turbine
Design WEB SITE.
SERVICE CONTACT : wmmorse@hotmail.com
TERMINATION/ACCESS RESTRICTION
Advance Turbine Design reserves the
right, in its sole discretion, to
terminate your access to the Advance
Turbine Design Web Site and the related
services or any portion thereof at any
time, without notice. GENERAL To the
maximum extent permitted by law, this
agreement is governed by the laws of the
State of Washington, U.S.A. and you
hereby consent to the exclusive
jurisdiction and venue of courts in San
Mateo County, California, U.S.A. in all
disputes arising out of or relating to
the use of the Advance Turbine Design
Web Site. Use of the Advance Turbine
Design Web Site is unauthorized in any
jurisdiction that does not give effect
to all provisions of these terms and
conditions, including without limitation
this paragraph. You agree that no joint
venture, partnership, employment, or
agency relationship exists between you
and Advance Turbine Design as a result
of this agreement or use of the Advance
Turbine Design Web Site. Advance Turbine
Design's performance of this agreement
is subject to existing laws and legal
process, and nothing contained in this
agreement is in derogation of Advance
Turbine Design's right to comply with
governmental, court and law enforcement
requests or requirements relating to
your use of the Advance Turbine Design
Web Site or information provided to or
gathered by Advance Turbine Design with
respect to such use. If any part of this
agreement is determined to be invalid or
unenforceable pursuant to applicable law
including, but not limited to, the
warranty disclaimers and liability
limitations set forth above, then the
invalid or unenforceable provision will
be deemed superseded by a valid,
enforceable provision that most closely
matches the intent of the original
provision and the remainder of the
agreement shall continue in effect.
Unless otherwise specified herein, this
agreement constitutes the entire
agreement between the user and Advance
Turbine Design with respect to the
Advance Turbine Design Web Site and it
supersedes all prior or contemporaneous
communications and proposals, whether
electronic, oral or written, between the
user and Advance Turbine Design with
respect to the Advance Turbine Design
Web Site. A printed version of this
agreement and of any notice given in
electronic form shall be admissible in
judicial or administrative proceedings
based upon or relating to this agreement
to the same extent an d subject to the
same conditions as other business
documents and records originally
generated and maintained in printed
form. It is the express wish to the
parties that this agreement and all
related documents be drawn up in
English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the Advance Turbine
Design Web Site are: Copyright 2011 by
DotNetNuke Corporation and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations,
products, people and events depicted
herein are fictitious. No association
with any real company, organization,
product, person, or event is intended or
should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2), notifications
of claimed copyright infringement under
United States copyright law should be
sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.