INTERNATIONAL GENERATOR TECHNICAL COMMUNITY
TERMS AND CONDITIONS OF USE
POSTED: 11 February 2010
1. Terms. This site, www.generatortechnicalforum.org, (hereinafter Site) has been developed, and is owned by, International Generator Technical Community (IGTC or we). This Site is provided to you (the user of this Site) for your personal information, education, and communication through our featured content and interactive forum on the World Wide Web. Please carefully read these Terms and Conditions of Use (Agreement). This Agreement includes our policy for acceptable use of the Site and content posted on the Site, your rights, obligations and restrictions regarding your use of the Site.
2. Acceptance. By accessing or using this Site, you accept, without limitation or qualification, the terms and conditions of this Agreement. You are only authorized to use the Site and its services if you agree to abide by and accept the terms and conditions of this Agreement and all applicable laws. If you do NOT accept the Agreement, then you MUST immediately discontinue your use of the Site.
3. Modification. You hereby agree that IGTC may modify this Agreement from time to time and such modification shall be effective upon posting such modifications to the Site. You agree to be bound to any changes to this Agreement when you use the Site after any such modification is posted. You agree to periodically review the Agreement to ensure you are updated as to any changes made, and that you agree to such changes. This Agreement constitutes the entire agreement regarding your use of the Site and the services it offers and supersedes any such prior terms.
4. Restrictions on Use of Content. Use of this Site and content or material contained herein is strictly limited to non-commercial purposes only. Any information provided on this Site is given gratuitously and for informational and educational purposes. Copies of any material taken, as permitted, from this Site must properly and clearly display any applicable copyright or trademark notice.
5. IGTC Content. The content and material owned or provided by IGTC on this Site may be protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any the IGTC content or material from the Site, including but not limited to text, audio, video, code and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties. Except as provided herein, you are prohibited from reproducing, republishing, redistributing, or reselling any IGTC content or materials from this Site in either machine-readable form or any other form without the prior express permission of IGTC.
6. Use of the Site. IGTC grants to you a limited, non-exclusive, non-transferrable, non-assignable, terminable, limited license to use the Site and the IGTC content for educational and collaborative, non-commercial purposes provided that you agree to all of the terms and conditions of this Agreement.
7. No Substitute for Professional Judgment. IGTC does not endorse, approve, verify, support, or warrant the accuracy, dependability, validity, or reliability of user or third party content, material, or information posted on, uploaded to, or derived from the Site. The content, material, and information provided, either by (i) IGTC or (ii) other users or moderators, that is posted on or provided by the Site, is solely for educational and collaborative problem-solving purposes. All such content, material, and information is provided "AS IS" with no warranties express or implied. You cannot rely solely on any content, material, or information provided by the Site to make repairs, modifications, or customizations of equipment or processes, or to develop new machinery or processes. You agree and acknowledge that the content, material, and information provided on the Site is NO SUBSTITUTE for your knowledge, experience, education, due diligence, research, and professional judgment. Such content, material, and information is provided generally, to a broad audience and is in no way intended to be specific to your problems or issues or apply to a specific set of facts or application (even if it is stated so by the user or moderator, or expressly stated otherwise within the content, materials, or information itself). You agree and acknowledge that IGTC is not liable for your use or misuse of any information provided on the Site, whatsoever, regardless of the claim or theory of recovery including, without limitation, strict liability, reliance, tort, contract, or otherwise. IGTC will not be liable, directly, indirectly, vicariously, strictly, or otherwise, for any loss or damage suffered by a user or a third party through the user's reliance on content, material, information, or advice provided by, posted on, or acquired through the Site.
8. Conduct on the Site / Forum Etiquette. Advertising is available on the Site and is governed by a separate agreement between you and IGTC; however, we do not allow promotional posts. Promoting an individual, product, brand, company, organization, enterprise, service, or other clandestine marketing efforts will not be tolerated. Commercial signatures and hyperlinks are NOT allowed in posts or on your signature line. We do not allow negative posts. Criticizing, denigrating, demeaning or otherwise negative comments on an individual, product, brand, company, organization, enterprise, service, or other comments, as determine solely by IGTC, will not be tolerated. Obscenity, slanderous, negative, vulgar, or obscene posts containing morally indecent content will not be tolerated and are subject to removal along with your membership. Subjects, posts, or threads that are generally considered to be in poor taste, not in keeping in a forum focused on collaboration, are also subject to removal.
All communications, content, or actions sent, uploaded, or taken by you are subject to IGTC's sole determination and classification that such activities are prohibited. The following is a list (illustrative, not exhaustive) prohibited uses of, or activities related to the Site:
Additionally, you will not (i) impersonate or misrepresent your association with any person or entity; (ii) forge or otherwise seek to conceal or misrepresent the origin of any content provided by you; (iii) collect or harvest any information about other users; (iv) post any personal information: phone number, email address, mailing address, etc.; (v) ask others for their personal info, and such posts requesting personal info are subject to removal (this includes, but is not limited to, communications that ask for personal information submitted via email, mail, telephone, surveys, etc.); and (vi) provide, or use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce. Site moderators or IGTC reserve the right to remove off-topic posts, or move them to more appropriate area of the forums, or terminate your access to, and use of, the Site at any time with or without cause. Although the administrators and moderators will attempt to keep all objectionable messages off this Site, it is impossible for us to review all messages. All messages express the views of the author only. IGTC will not be held responsible for the content of any message.
9. Denial and Revocation of Access. IGTC reserves the right to deny any and all access to this Site at its sole discretion for any reason. IGTC reserves the right to revoke any and all access granted or any use authorizations granted to this Site at anytime at its sole discretion for any reason.
10. Release of User Input. Any user content, material, or information provided to this Site, whether electronic or otherwise, is given gratuitously to the Site, and is licensed to IGTC as expressed herein. IGTC shall be entitled to use any user content, material, or information for any purpose without compensation to the contributor.
11. Intellectual Property. You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth herein, and (ii) the posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity. By providing any content to this Site, you grant to IGTC editor a worldwide, royalty-free, perpetual, assignable, sub-licensable, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, sub-license, and to create derivative works and compilations, in whole or in part to all content and material you post to the Site. Such license will apply with respect to any form, media, or technology already known at the time of provision or developed subsequently. You warrant and represent that you have all legal, moral, and intellectual property and other rights that may be necessary to grant to IGTC the license specified above. You acknowledge and agree that IGTC will have the right (but not obligation), at IGTC's sole discretion, to refuse to publish, or to remove, or to block access to you or any content you provide, at any time and for any reason, with or without notice. These nonexclusive publishing license and resale/adaptation rights extend to any content and materials submitted "for publication" within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site.
12. Digital Millennium Copyright Act Notice.
We respect the intellectual property rights of others and expect users to do the same. In appropriate circumstances and in our sole discretion, we may remove or disable access to material on our Site or hosted on our systems that may be infringing or the subject of infringing activity.
In accordance with the Digital Millennium Copyright Act of 1998, Title 17 of the United States Code, Section 512 ("DMCA"), we will respond promptly to claims of copyright infringement that are reported to the agent that we have designated to receive notifications of claims infringement (its "Designated Agent"). Our Designated Agent is:
Roger Shuback, Esq.
800 King Avenue
Columbus, Ohio 43212
614-488-1151, ext. 168
If you are a copyright owner (or authorized to act on behalf of the copyright owner) and believe that your work's copyright has been infringed, please report your notice of infringement to us by providing our Designated Agent with a written notification of claimed infringement that includes substantially the following:
We will investigate notices of copyright infringement and take appropriate actions under the DMCA. Inquiries that do not follow this procedure may not receive a response.
14. Restrictions on Links and Framing. Framing of this Site is strictly prohibited. Commercial signatures and hyperlinks are NOT allowed in posts or on your signature line. The Site may provide links to other websites or resources. Because IGTC has no control over such sites and resources, you acknowledge and agree that IGTC is not responsible for the availability of such external sites and resources, and do not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
15. Information on Children. The features, programs, promotions and other aspects of our Site requiring the submission of personally identifiable information are not in any way intended for children. We do not knowingly collect personally identifiable information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us as provided in line item 12 above. A parent or guardian of a child under the age of 13 may review and request deletion of such child's personally identifiable information as well as prohibit the use thereof.
16. Choice of Law and Forum Selection. The User agrees that any proceeding or action regarding this Site will be governed the laws of the State of Ohio, United States of America the without regard to any law related to choice or conflicts of law. You agree that all actions or proceedings in connection with the use of this Site shall be tried and litigated exclusively in the State and Federal courts located in the County of Franklin, State of Ohio, United States of America. The aforementioned choice of venue is mandatory and not permissive in nature, and precludes the possibility of litigation in any jurisdiction other than the one specified in this clause. You acknowledge and agree that courts referenced in this clause shall have exclusive jurisdiction over any cause of action relating to the use of this Site. You waive any and all objections that you might otherwise have to personal jurisdiction or venue in the tribunals of this clause, including but not limited to forum non conveniens or any other similar doctrine.
17. Availability. Except as expressly stated herein, IGTC makes no warranties, express or implied, regarding the performance or availability of the Site or IGTC content including, without limitation, uptime, availability, infringement, access, security, quality, or otherwise. The Site is provided "AS-IS" and with "ALL FAULTS." IGTC will use commercially reasonable efforts to keep the Site available, but makes no further representations.
18. Site Security. This Site has reasonable security measures in place to protect the loss, misuse, and alteration of the information under our control. IGTC will use commercially reasonable efforts to monitor the security of the Site. The Site contains a user authentication mechanism for users of the Site, by issuing a (user selected) username and password upon registration to the Site. You are solely responsible for the secrecy of such username and password, and IGTC shall not be liable for any damages to you or others as a result of a lost username or password. You agree to keep your username and password confidential and not to permit any other individual or entity to acquire or use your username or password on your behalf (with or without your permission). In the event you lose either your username or password, you must contact IGTC immediately so that they can deactivate the account and enable you to create a new account.
19. Indemnification. You agree to defend, indemnify and hold IGTC, its subsidiaries, affiliates, officers, directors and employees, and third party moderators (Indemnified Parties) harmless from any claim, demand, damages, costs and expenses (including reasonable attorneys' fees), arising from any third party claim against the Indemnified Parties due to or arising out of: (i) any breach of the Agreement; (ii) your non-compliance with the law; or (iii) any claim related to your use of the Site or any content, information, or material you post to the Site, including any claims for intellectual property infringement or otherwise arising therefrom.
20. DISCLAIMERS. ALL WARRANTIES RELATED TO THE SITE, ITS CONTENT, OR IGTC'S PROVISION THEREOF, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ANY TECHNICAL ADVICE OR ASSISTANCE PROVIDED ON THIS SITE, OR DERIVED BY THE USE OF THIS SITE, INCLUDING ALL COMMUNICATIONS REGARDING THIS SITE, IS GIVEN FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. ALL TECHNICAL ADVICE OR ASSISTANCE OFFERED SHALL CARRY NO WARRANTY OBLIGATIONS ON THE PART OF THE IGTC OR PROVIDER OF SUCH ADVICE OR ASSISTANCE, OR THE PROVIDER's EMPLOYER. IGTC DISCLAIMS ANY AND ALL LIABILITY FOR ANY CONTENT ERRORS, OMISSIONS, INFRINGING MATERIAL POSTED ON THE SITE OR FOR RELIANCE ON ANY CONTENT, MATERIALS, OR INFORMATION PROVIDED ON THE SITE. FURTHERMORE, ANY TECHNICAL ADVICE OR ASSISTANCE IS GIVEN GRATUITOUSLY WITHOUT CONSIDERATION AND FOR INFORMATIONAL PURPOSES ONLY AND SHALL NOT RESULT IN ANY LIABILITY WHATSOEVER WHETHER IN CONTRACT, TORT, STRICT LIABILITY, INDEMNITY, OR OTHERWISE IGTC, THE PROVIDER OF TECHNICAL ADVICE OR ASSISTANCE, OR THE PROVIDER'S EMPLOYER. THE USER OF ANY TECHNICAL ADVICE OR ASSISTANCE SHALL ASSUME FULL RESPONSIBILITY FOR THE SUITABILITY AND APPLICATION OF ANY AND ALL TECHNICAL ADVICE OR ASSISTANCE FROM THIS SITE, LINKS POSTED TO THIS SITE, OR HOWEVER SO DERIVED THROUGH OR PERTAINING TO THIS SITE.
BY CLICKING ACCEPT YOU CERTIFY TO HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS OF USE, AND SUCH ACTION EXPRESSLY AND UNAMBIGUOUSLY MANIFESTS CONSENT TO THE TERMS OF THIS AGREEMENT.
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