The Loudwind DealCenter is provided
to assist you with Posting "Deals" on "Individual" and/or
"Commercial" basis and transact products,services or solicite RFQ (
Requests for Quotes). Your right to use the Loudwind.com DealCenter
is personal to you, and/or your company and its employees. As a
condition of your use of the DealCenter, you warrant to Loudwind® that you will not use the Loudwind.com
DealCenter for any purpose that is unlawful, or prohibited by these
Terms of Use or the Additional Terms (as may be modified from time to
time without notice). You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license, create derivative
works from, transfer, or sell any information, software, products,
services or benefits obtained from the Loudwind DealCenter, except as
expressly provided herein. In addition, you may not use the products
or services provided through or in connection with the Loudwind
DealCenter to: defame, abuse, harass, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others;
conduct or forward illegal contests, pyramid schemes, chain letters,
unsolicited or unauthorized advertising, promotional materials,
unsolicited e-mail or multi-level marketing campaigns; publish, post,
distribute, disseminate or link to any: (i) inappropriate, profane,
defamatory, infringing, obscene, adult content, nude, indecent or
unlawful topic, name, material or information; (ii) software or other
material protected by intellectual property laws, rights of privacy
or publicity, or other proprietary rights, unless you own, control
such rights or have received all necessary consents for your use of
such software and other materials; (iii) software or other material
that contains viruses, corrupted files, or that may or are intended
to damage the operation of another's computer (e.g., "cracks" or
other programs written to defeat the security measures of any
computer, system or programs); sell, distribute, disseminate or link
to any sites for marketing, sales or distribution of: firearms,
explosives, ammunition, liquor, tobacco products, food that is not
packaged or does not comply with all applicable laws for sale to
consumers by commercial merchants, pharmaceuticals and controlled
substances, counterfeit, pirated or stolen goods, fraudulent goods,
any goods or services that infringe or otherwise violate a third
party's rights, registered or unregistered securities, goods or
services that: (i) you cannot legally sell, (ii) are misrepresented,
and/or (iii) if sold via the DealCenter or Yourself and/or Your
Company or Your Web Site would cause Loudwind to violate any law,
statute or regulation; harvest or otherwise collect information about
third parties, including e-mail addresses, without the express
consent of such third parties; restrict or inhibit any other user
from using and enjoying its rights in Loudwind DealCenter,
interfering with or disrupting the Loudwind DealCenter service or
servers or network connected to Loudwind; or, violate any applicable
government laws or regulations.
Loudwind®
is not obligated to monitor the content on DealCenter. However, with
respect to the use of the products and services offered on
DealCenter, Loudwind reserves the right to disclose any information
or materials as necessary to satisfy any applicable law, regulation,
legal process or government request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, from the
Loudwind Web sites, in Loudwind's sole discretion, without notice at
any time.
LINKS TO THIRD PARTY
SITES
Links within the Loudwind® Web Sites may let you leave the Loudwind
DealCenter . You acknowledge that the linked sites are not under the
control of Loudwind and that Loudwind is not responsible for the
contents or operation of such linked sites or any link contained in
such linked site, or any changes or updates to such sites. Loudwind
is not responsible for web casting or any other form of transmission
received from any linked site. Loudwind®
is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by Loudwind of the
linked site or any association with their operators.
USE OF FORUM SERVICES
The Loudwind Sites may contain
bulletin board services, chat areas,Instant Messenger, news groups, forums,
communities, personal and business web pages, yellow page listings,
electronic mail postings and/or other message or communication
facilities designed to enable you to communicate with the public at
large or with a group (collectively, "Forum Services"). You agree to
use the Forum Services only to post, send and receive messages and
material that are proper and related to the particular Forum Service,
and to comply with all applicable laws and these Terms of Use and
Additional Terms. In addition to above acceptable use limitations,
you agree that when using a Forum Service, you will not: Advertise or
offer to sell or buy any goods or services, unless such Forum Service
specifically allows such messages; Falsify, delete or alter any
material, author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of
material contained in a file that is uploaded via the Forum Services;
Restrict or inhibit any other user from using and enjoying its rights
in the Forum Services; Violate any code of conduct or other
guidelines that may be applicable for any particular Forum Service;
Harvest or otherwise collect information about others, including
e-mail addresses, without their express consent; Link the Forum
Services to any unsolicited communication sent to any third party, or
otherwise use or mention the Forum Services in connection with any
such unsolicited communication; or, Violate any applicable laws or
regulations.
Loudwind®
reserves the right, but is not obligated, to review materials posted
to a Forum Service and to remove any such materials in its sole
discretion, without notice at any time. In addition, Loudwind
reserves the right to terminate your access to any or all of the
Forum Services at any time without notice for any reason whatsoever.
Furthermore, Loudwind reserves the right to terminate or change any
Forum Service at anytime.
Loudwind®
is not obligated to monitor the Forum Services. However, with respect
to the use of Forum Service, Loudwind reserves the right to disclose
any information or materials 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, from the Forum Service in Loudwind's sole discretion.
You acknowledge that Forum Services
are public and not private communications, therefore your
communications may be read by others without your knowledge. Always
use caution when giving out any personally identifying information
about yourself or others in any Forum Service. Loudwind does not
control or endorse the content, messages or information found in any
Forum Service and, therefore, Loudwind specifically disclaims any
liability with regard to the Forum Services and any actions resulting
from your participation in any Forum Service. Forum managers and
hosts of the Forum Services are not authorized Loudwind agents or
spokespersons, are not able to bind Loudwind, nor do their views
necessarily reflect those of Loudwind.
Materials uploaded to a Forum
Service may be subject to posted limitations on usage, reproduction
and/or dissemination, and you are responsible for adhering to such
limitations if you download the materials.
LICENSE YOU GRANT TO
LOUDWIND
Loudwind®
does not claim ownership of the materials you provide to Loudwind
(including feedback and suggestions) or post, upload, input or submit
in connection with your use of Loudwind DealCenter or any web site
("Your Web Site") created by you or on your behalf in connection with
the use of Loudwind (collectively "Submissions"). However, you grant
Loudwind a royalty-free license to use (including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, sublicense and
reformat your Submission, and to publish your name in connection with
your Submission) your Submission only in connection with the
operation and promotion of Loudwind. You also grant Loudwind the
right to publish your name in connection with any such communication.
No compensation will be paid or due you with respect to Loudwind's or
its sublicensee's use of the materials as licensed above. Loudwind is
under no obligation to post or use any materials you may provide, and
may remove such materials at any time in Loudwind's sole discretion.
By posting messages, uploading files, inputting data, submitting any
feedback or suggestions, or engaging in any other form of
transaction, communication with or through any Loudwind Web Sites,
you warrant and represent that you own or otherwise control the
rights necessary to do so and to grant Loudwind the license set forth
above, and you will defend and indemnify Loudwind and its suppliers
from any third party claim related to a breach of any of the
foregoing representations or warranties.
LIABILITY
DISCLAIMER
The information, software, products,
services and other material included in or available through the
Loudwind DealCenter may not be complete, and may include inaccuracies
or errors, and may also be modified or deleted from time to time.
Advice, information, products, services or other materials received
via the Loudwind DealCenter should not be relied upon for personal,
medical, legal, business, financial or other decisions and is not
intended to replace the advice of appropriate and qualified
professionals. You acknowledge that you should consult an appropriate
professional for specific advice tailored to your situation.
Your access to and use of the
DealCenter, and products and services of DealCenter, is at your own
risk. Loudwind, and its members and sponsors, will not be liable for
any damage, loss or disclosure of information, data, revenue,
accounts or business that occurs in connection with your use of
DealCenter, or such products or services. Loudwind makes no
guarantees of any kind regarding the dependability, accuracy,
security, timeliness or availability of the Loudwind DealCenter, or
such products or services. Without limiting the foregoing, LOUDWIND
AND/OR ITS RESPECTIVE MEMBERS OR SUPPLIERS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY,
AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE
INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN DEALCENTER
FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND
MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOUDWIND
AND/OR ITS RESPECTIVE MEMBERS OR SUPPLIERS HEREBY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH
REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO
EVENT SHALL LOUDWIND ,MEMBERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY 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 LOUDWIND OR
RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE LOUDWIND OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, PRODUCTS, SERVICES OBTAINED THROUGH DEALCENTER,
OR OTHERWISE ARISING OUT OF THE USE OF LOUDWIND WEB SITES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF LOUDWIND OR ANY OF ITS SUPPLIERS AND/OR MEMBERS 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 LOUDWIND, OR WITH ANY OF THESE TERMS OF USE AND ADDITIONAL
TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
LOUDWIND AND ITS RELATED SERVICES.
Without limiting the foregoing,
Loudwind® is not responsible for any of
your data residing on Loudwind and Loudwind DealCenter hardware. You
are responsible for backing-up your data and information that may
reside on the Loudwind or Loudwind DealCenter hardware, whether or
not such information is produced through the use of DealCenter. It is
your responsibility to take the necessary steps to ensure your
primary means of business is maintained.
You agree to defend, indemnify and
hold Loudwind its members and/or suppliers harmless from and against
any and all claims, losses, liability costs and expenses (including
but not limited to attorneys' fees) arising from your violation of
these Terms of Use (including, without limitation, violation of
applicable Additional Terms of Use), or any third-party's rights,
(including, without limitation, infringement of any copyright,
violation of any proprietary right and invasion of any privacy
rights). These obligations will survive any termination of your
relationship with Loudwind® or your use of
Loudwind DealCenter.
SERVICE CONTACT
If you need to contact Loudwind® regarding the DealCenter, please send e-mail
to Webmaster @Loudwind.com
ACCESS RESTRICTION
Loudwind®
reserves the right to deny in its sole discretion any user access to
Loudwind Sites or any portion thereof without notice. You are
responsible for safeguarding the confidentiality of your password(s)
and user name(s), and for any use or misuse of your account or
Loudwind resulting from any third party using your password or user
name.
TERMINATION
Loudwind®
may terminate this Agreement and your access to Loudwind Sites (in
whole or in part) and related services at any time, with or without
cause, and with or without notice. Anyone determined by Loudwind to
have violated these Terms of Use and any Additional Terms may be
barred from using the Loudwind DealCenter, or from receiving any
products, services or benefits from Loudwind. In addition, if you
violate any of these Terms of Use and Additional Terms (as
applicable) you will forfeit all in-kind credits (if any) and any
other amounts accruing to you (if any) in connection with the
Loudwind Web Sites.
GENERAL
This Agreement is governed by the
laws of the State of Delaware, U.S.A. You hereby consent to the
jurisdiction of and venue in courts located in Delaware State, U.S.A.
in all disputes arising out of or relating to the use of the Loudwind
DealCenter. In addition, you hereby consent to the exclusive
jurisdiction of and venue in such courts for any action commenced by
you against Loudwind, (or its affiliates). Use of the Loudwind Web
Sites 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 Loudwind as a result of this Agreement or use of Loudwind Web
Sites. Loudwind's performance of this agreement is subject to
existing laws and legal process, and nothing contained in this
agreement is in derogation of Loudwind's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Loudwind Web Sites or information
provided to or gathered by Loudwind 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 Loudwind with
respect to the Loudwind Web Sites.You may not rent, lease, license,
grant a security interest in, or otherwise transfer or sublicense
your rights hereunder to any third party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Loudwind Web
Sites are: Copyright (c) 2005 Loudwind,LLC. and/or its
suppliers,members. All rights reserved.
SERVICEMARKS
Loudwind is a Registered Trademark
of Loudwind LLC. The names of actual companies and products
mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted
herein are reserved by Loudwind®.
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 should be sent to Webmaster@loudwind.com
FOR INFORMATION REGARDING THE
Loudwind® PRIVACY STATEMENT
CLICK HERE
