A.E.C. Engineering Systems Website Terms Of Use Welcome to the A.E.C. Engineering Systems website (www.airwand.com). A.E.C. Engineering Systems requires that all visitors (the “Users”) to our site on the World Wide Web the "Site") adhere to the following Conditions of Use. Please read the
Terms Of Use carefully. By accessing the Site, you indicate that you acknowledge and accept the Terms Of Use.
This Site is owned by A.E.C. Engineering Systems and operated by A.E.C. Engineering Systems from its offices within the State of California, United States of America. A.E.C. Engineering Systems makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local and national laws.
If you disagree with, or are unable to comply with, these
Terms Of Use, your sole and exclusive remedy is to discontinue using the
Site.
Site Contents Subject to Change
The Website and its associated information, images, and
software (the “Site Content”) are subject to change, modification and
withdrawal at any time at A.E.C. Engineering Systems’s sole and absolute discretion and without any
prior notice.
Limited License
Subject to these terms of use, we grant to you a
non-exclusive, non-transferable, limited right to access the sites and the
materials thereon. You may use the sites for informational purposes and in
connection with the evaluation of our products and services.
Limitations of Liability
THE SITE, INCLUDING ALL SITE CONTENT IS PROVIDED AS A
CONVENIENCE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. THE SITE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. A.E.C. Engineering Systems DOES NOT WARRANT THAT USE OF ITS SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. A.E.C. Engineering Systems HEREBY DISCLAIMS ALL WARRANTIES
REGARDING THE SITE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
A.E.C. Engineering Systems SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE
THIS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF A.E.C. Engineering Systems HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW EXCLUSIONS
OF WARRANTIES OR LIMITATIONS OF LIABILITY, THE ABOVE EXCLUSIONS AND LIMITATIONS
MAY NOT APPLY TO USER.
This disclaimer of liability applies to any damages or
injury caused by any failure of performance, error, omission, interruption,
deletion, defect, delay in operation or transmission, computer virus, act of
God, communication line failure, theft or destruction or unauthorized access
to, alteration of, or use of record, whether for breach of contract, tortuous
behavior, negligence, or under any other cause of action.
Copyright
All contents of this Site are subject to and protected by
copyright law. The names "A.E.C. Engineering Systems", “A.E.C. Engineering Systems” and associated
logos, service marks, and trademarks, are owned exclusively by A.E.C. Engineering Systems. All other
trademarks, product names and company names or logos cited herein are the
property of their respective owners.
User may not modify, distribute, transmit, display, perform,
reproduce, create derivative works from, or sell in any way any Site Content,
except that User may view the Site in its present form and User may download
the Site Content provided User keeps intact all copyright and other proprietary
notices. User recognizes that unauthorized use of Site Content may subject User
to criminal liability under copyright and other federal and state laws. User
understands that misuse or abuse of the Site may result in User being denied
access to the Site.
Links to Third-Party Sites
For your convenience, A.E.C. Engineering Systems may include links to other sites
on the Internet that are owned or operated by third parties. When linking to a
third-party site, you do so at your own risk and should review and determine if
you agree to that site's terms and Terms Of Use (legal policy) before
using such site. You also agree that A.E.C. Engineering Systems has no control over the content of
any such sites and cannot assume any responsibility for material posted on or
published by third-party sites. In addition, a link to a non-A.E.C. Engineering Systems site does
not imply that A.E.C. Engineering Systems endorses the site or the products or services referenced
on such third party site.
Linking to This Site
You may use the Airwand logo as the prompt for links from
other websites to this Site, provided that any such link explicitly is
conditioned on the user’s understanding and agreement that entry into this
Site, in every instance, is subject to all the terms and conditions of this
Agreement.
Any linking to this Site must in each instance be directed
to the "home page"(www.airwand.com) of this Site. In no instance is
linking permitted directly to locations embedded within this Site.
A.E.C. Engineering Systems disclaims and forever waives any and all
responsibility for the contents of any site linked to this Site, and assumes no
responsibility, and shall not be liable for any damages to, or viruses that may
infect, your computer equipment or other property on account of your access to,
use of, or browsing in this Site or any linked site or any downloading of a
linked site.
A.E.C. Engineering Systems reserves the right to revoke this limited license to
use the AirWand logo for purposes of hot linking to this Site and may revoke any
authority to link to this Site at any time and under any conditions deemed
appropriate by A.E.C. Engineering Systems, in its sole discretion. In the event of such revocation,
the linking party shall remove the link to the Site with three (3) days of such
revocation. Any such revocation shall be effective upon dispatch by A.E.C. Engineering Systems.
Indemnity
You agree to defend, indemnify, and hold harmless A.E.C. Engineering Systems, its
officers, directors, employees, and agents from and against any claims,
actions, or demands, including without limitation reasonable legal and
accounting fees, arising from your use of the materials or your breach of the
terms of this Terms Of Use. A.E.C. Engineering Systems shall provide notice to you of any such
claim, suit, or proceeding and shall assist you, at your expense and in A.E.C. Engineering Systems’s
discretion, in defending any such claim, suit or proceeding.
This indemnity provision applies in full measure to any linked
site, and any person or entity linking to this Site shall indemnify and hold
harmless A.E.C. Engineering Systems from any claim arising from or relating to the linked site.
Collection of Information
As part of the normal maintenance and operation of the
Website, we may also passively collect and retain some information from you,
such as your domain type and your IP address. Additionally, we may collect and
retain click information (data reporting the categories or sections of our site
that you have visited). We may share such information as described above with
other parties.
No Interruption
You agree not to interrupt or attempt to interrupt the operation of any site in any way.
Choice of Law, Jurisdiction, and Venue
The laws of the State of California and the federal laws of the United States (without regard to the choice of law rules of the State of California or the United States) govern these terms of use and performance under them. Any
suit or other action arising out of, or in any way connected with, your use of
any site may be brought only in the courts of the State of California sitting
in San Diego, California or in the United States District Court whose
jurisdiction includes San Diego, California. You irrevocably consent to the
jurisdiction and venue of such courts.
Limitation of Actions
You must commence any suit or other action in connection with your use of any site within one year after events giving rise to the claim or cause of action arises.
No Rights, Title or Interest
Nothing contained in these terms and conditions shall be deemed to grant you any right, title or interest in the words “A.E.C. Engineering Systems
Technology, Inc.”, “A.E.C. Engineering Systems”, “AirWand” or in any trade or service marks owned by A.E.C. Engineering Systems.
Changes in this Agreement
A.E.C. Engineering Systems reserves the right to change this Terms Of Use at
any time by revising the terms and conditions herein. You are responsible for
regularly reviewing these terms and conditions. Continued use of this Website
following any such changes shall constitute your acceptance of such changes.
©2005 A.E.C. Engineering Systems All rights reserved.
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