Terms Of Use
AGREEMENT BETWEEN USER AND Volartec
The Volartec Web Site is comprised
of various Web pages operated by Volartec.
The Volartec Web
Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein.
Your use of the Volartec Web Site constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION OF THESE
TERMS OF USE
Volartec reserves the right to change the terms,
conditions, and notices under which the Volartec Web Site is offered,
including but not limited to the charges associated with the use of
the Volartec Web Site.
LINKS TO THIRD PARTY SITES
The
Volartec Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of Volartec
and Volartec 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. Volartec is not responsible
for webcasting or any other form of transmission received from any
Linked Site. Volartec is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by Volartec of the site or any association with its operators.
NO
UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
Volartec Web Site, you warrant to Volartec that you will not use the
Volartec Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Volartec
Web Site in any manner which could damage, disable, overburden, or
impair the Volartec Web Site or interfere with any other party's use
and enjoyment of the Volartec 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 Volartec Web
Sites.
USE OF COMMUNICATION SERVICES
The Volartec 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.
Volartec has no obligation to monitor the Communication Services.
However, Volartec reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. Volartec reserves the right to terminate your access to
any or all of the Communication Services at any time without notice
for any reason whatsoever.
Volartec 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 Volartec's sole discretion.
Always use
caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Volartec does
not control or endorse the content, messages or information found in
any Communication Service and, therefore, Volartec 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 Volartec
spokespersons, and their views do not necessarily reflect those of
Volartec.
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 Volartec
OR POSTED AT ANY Volartec WEB SITE
Volartec does not claim
ownership of the materials you provide to Volartec (including
feedback and suggestions) or post, upload, input or submit to any
Volartec Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Volartec,
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. Volartec is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in
Volartec'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 Volartec WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED
TO THE INFORMATION HEREIN. Volartec AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE Volartec WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Volartec 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.
Volartec 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 Volartec 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. Volartec 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 Volartec 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 Volartec
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Volartec 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 Volartec WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE Volartec WEB SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Volartec 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 Volartec WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE
Volartec WEB SITE.
SERVICE CONTACT :
dnn@volartec.aero
TERMINATION/ACCESS RESTRICTION
Volartec
reserves the right, in its sole discretion, to terminate your access
to the Volartec 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 King County, Washington, U.S.A.
in all disputes arising out of or relating to the use of the Volartec
Web Site. Use of the Volartec 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 Volartec as a result of this
agreement or use of the Volartec Web Site. Volartec's performance of
this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of Volartec's
right to comply with governmental, court and law enforcement requests
or requirements relating to your use of the Volartec Web Site or
information provided to or gathered by Volartec 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 Volartec with respect to the Volartec Web Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Volartec
with respect to the Volartec 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 Volartec Web Site are: Copyright 2010 by Volartec
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.
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