Please read all these Terms and Conditions (“Terms”) carefully before using this Web site.
You agree that your use of this Web site is subject to all of the following Terms. Your use and continued access to this Web site indicates your agreement and acceptance of these Terms. If you do not accept these Terms, do not use this Web site or download materials from this Web site.
The Site and its Use
This Web site (the “Site”) is owned and provided by Ingenium Aerospace, its parent, affiliates and subsidiaries (collectively “Ingenium Aerospace”) from its offices in Rockford, Illinois. The Site is provided solely for your use in conducting business with Ingenium Aerospace.
Please feel free to browse the Site; however, your access to and use of the Site is subject to the following Terms and all applicable laws:
• You shall use the Site for lawful purposes only.
• You shall not post or transmit through the Site any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable.
• You shall not post or transmit through the Site any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines, is in violation of these Terms.
Any conduct by you that, in Ingenium Aerospace’s opinion, restricts or inhibits any other user from using or enjoying the Site will not be permitted.
Access to Site
Ingenium Aerospace reserves the right, in its sole and absolute discretion, to terminate, suspend or restrict your access to this Site, unilaterally and without notice, in the event you violate any of the Terms. In addition, if asked to do so, you agree that you will not attempt to access this Site. We also reserve any and all remedies at law or equity in connection with any violation of the Terms. You agree, at your own expense, to indemnify, defend and hold Ingenium Aerospace harmless from and against any claim or demand and all loses incurred related to the use of the Site.
You agree that you will comply with any security processes and procedures (such as usernames, account numbers and passwords) specified by Ingenium Aerospace with respect to access to or use of the Site. If user names, account numbers and/or passwords are required, you shall not permit any other person or entity to use your user name, account number and/or password and will ensure that you log off from your account at the end of each session on the Site. You agree not to disclose your user name, account number and/or password to any other person or entity and shall hold your user name, account number and/or password in confidence. In the event that you determine that another party has gained access to your user name, account number and/or password, or that another party has accessed the Site using your user name, account number and/or password, you shall immediately notify Ingenium Aerospace of such access. In such event, Ingenium Aerospace will delete your old user name, account number and/or password and, in its sole discretion, issue a new user name, account number and/or password to you.
Further, you agree not to access or attempt to access any areas of or through this Site that are not intended for either general public access or the specific access of your company, unless you have been provided with express written authorization by Ingenium Aerospace. You agree that you will not disrupt the functioning of this Site or otherwise act in a way that interferes with other users’ use of the Site.
Use At Own Risk
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET GENERALLY. INGENIUM AEROSPACE DOES NOT WARRANT THAT THE INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE FROM THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INGENIUM AEROSPACE ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER OR THAT THE WEB SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDESTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THIS SITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOU, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OR DOWNLOAD OF SUCH MATERIAL OR DATA.
Ingenium Aerospace periodically schedules system downtime for maintenance and other purposes. Unplanned outages may also occur. Ingenium Aerospace shall have no liability for the resulting unavailability of the Web site or for any loss of data or transactions caused by planned or unplanned system outages, or any outages of webhost providers or the Internet infrastructure and network external to the Web site.
The Site contains information and material, including, but not limited to, text, software, photos, video, graphics and audio, (collectively “Materials”) which are derived in whole or in part from information and materials supplied by Ingenium Aerospace and other sources, and are protected by international copyright, trademark and other laws and the entire content of the Site is copyrighted as a collective work under the United States Copyright Laws.
Ingenium Aerospace owns the copyright in the overall selection, coordination, arrangement and enhancement of such content, and owns the rights in, or license to use, the individual components of such content. Without limiting the foregoing, the Ingenium Aerospace name and logo and the Kysor name and logo and all related product and service names, design marks, and slogans are the trademarks, service marks or registered marks of Ingenium Aerospace. Nothing contained herein shall be construed as granting to the user of this Site any consent, waiver or license under any copyright, trademark, patent or other intellectual property or other legal right of Ingenium Aerospace or any third party.
Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled, including but not limited to the text, images, audio and/or video, as well as any software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software), except that you may download one copy of the Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution.
This limited authorization is not a transfer of title in the Materials and by your use of the Site, you acknowledge that you do not acquire any license, ownership or other rights to the Materials.
Modification of the Materials or use of the Materials for any other purpose is a violation of Ingenium Aerospace’s or such other sources’ copyright, trademark and other proprietary rights and may violate other laws.
The use of any such Materials on any other Web site or networked computer or environment is prohibited without Ingenium Aerospace’s express written consent. If you breach any of these Terms, your authorization to use the Site automatically terminates and you must immediately destroy any downloaded or printed Materials.
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. INGENIUM AEROSPACE WARRANT, AND DOES NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR, THE ACCURACY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY INFORMATION DISCLOSED ON THIS SITE OR OTHER MATEIRAL ACCESSIBLE FROM THIS SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, LINKS, PRODUCT AND SERVICES, AND OTHER ITEMS ACCESSED FROM OR VIA THE WEB SITE.
Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions of implied warranties may not be applicable under certain circumstances.
Ingenium Aerospace may provide as a convenience to you, links to Web sites operated by other entities and persons, but makes no representations whatsoever about any other Web site which you may access through this one. Any link to a non-Ingenium Aerospace Web site does not mean that Ingenium Aerospace endorses or accepts any responsibility for the content, or the use of such Web site.
If you use these sites, you do so at your own risk. Ingenium Aerospace makes no warranty or representation regarding, and does not sponsor or endorse, any linked Web sites or the information or materials appearing thereon or any of products and services described thereon.
Furthermore, links do not imply that Ingenium Aerospace is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Ingenium Aerospace.
Third Party Content
Any opinions, statements, services, offers or other information or content expressed or made available in the Site by any third party are those of the respective author(s) or distributor(s) and not of Ingenium Aerospace.
Limitation of Liability
Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site.
UNDER NO CIRCUMSTANCES WILL [X], ITS SUPPLIERS OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE 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 THE SITE ANY WEB SITES LINKED TO THE SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB 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 INGENIUM AEROSPACE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Ingenium Aerospace shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party.
Ingenium Aerospace’s obligations and responsibilities regarding its products and services are governed solely by Ingenium Aerospace’s terms and conditions of sale or license under which such products and services are sold or licensed.
Copies of such terms and conditions are available from the applicable Ingenium Aerospace entity.
Information Provided By You
It has been and remains Ingenium Aerospace’s policy not to accept or consider ideas, suggestions or materials other than those that Ingenium Aerospace has specifically requested from you. Accordingly, Ingenium Aerospace does not want you to, and you should not, send any confidential or proprietary information to Ingenium Aerospace through the Site unless specifically requested by Ingenium Aerospace. Please note that any unsolicited information or material sent to Ingenium Aerospace will be deemed not to be confidential or proprietary.
By submitting information and material to the Site, you automatically grant to Ingenium Aerospace (or warrant that the owner of such information and material has expressly granted to Ingenium Aerospace) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to other such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that Ingenium Aerospace is free to use any ideas, concepts, know-how, or techniques that you send Ingenium Aerospace for any purpose.
As further provided above, Ingenium Aerospace does not want to receive, and you are deemed to covenant and agree through the use of the Site not to provide, any information or materials to Ingenium Aerospace that are defamatory, threatening, obscene, harassing, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity.
You shall not upload, post or otherwise make available on the Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s).
You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
Ingenium Aerospace reserves the right, in its sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Site and Materials. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, Ingenium Aerospace is under no obligation to update Materials.
Ingenium Aerospace may also make changes in the products, services, programs, or prices (if any) described in the Site at any time without notice. Your continued use of the Site after any change Ingenium Aerospace makes to the Site will be considered acceptance of those changes.
You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
Linking to Site
Anyone linking to Ingenium Aerospace’s Site must comply with Ingenium Aerospace’s guidelines for linking to Ingenium Aerospace’s Site and all applicable laws.
The Site is administered by Ingenium Aerospace from its offices in the United States. Materials published at the Site may refer to products, programs, or services that are not available in your country. Consult your local Ingenium Aerospace business contact in this regard.
Furthermore, Ingenium Aerospace makes no representation that the Materials at the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited.
You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
Governing Law; Dispute Resolution
This Site is a service provided, controlled and operated by Ingenium Aerospace, which has its principal place of business in the State of Illinois, United States of America. Ingenium Aerospace makes no representation that the Site is available to or appropriate for users in all jurisdictions. You acknowledge that you have accessed the Site on your own initiative and are responsible for compliance with all applicable laws, regulations and treaty provisions. These Terms and your agreement to be bound by them shall, to the maximum lawful extent, be governed by the laws of the State of Illinois, without giving effect to any principles of conflicts of law. If any provision of this Agreement and Terms shall be unlawful, void, or for any reason unenforceable then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
YOU AND WE AGREE THAT THE STATE AND FEDERAL COURTS LOCATED IN WINNEBAGO COUNTY, STATE OF ILLINOIS SHALL BE THE EXCLUSIVE FORUM FOR THE RESOLUTION OF ALL DISPUTES BETWEEN YOU AND US RELATING TO YOUR USE OF THE SITE. YOU AND WE HEREBY CONSENT TO THE PERSONAL JURISDICTION OF THESE COURTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A TRIAL BY JURY. If the foregoing exclusive forum provision is unenforceable or inapplicable to a dispute between you and u, you and we agree that such dispute shall be resolved and finally settled by mutually binding arbitration conducted in accordance with the then-current commercial arbitration rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules. To the extent permitted by such rules, the location of the arbitration shall be Rockford, Illinois. The arbitrator shall apply Illinois law without reference to conflict of laws principles.
These Terms constitute the entire agreement between Ingenium Aerospace and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within six (6) months after the claim or cause of action arises.
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