Terms
and Conditions
Web
Site/Internet Agreement
1.
General
This Web site is provided by Trans-Aero and it's affiliates companies, as an
on-line information and communication service subject to your acceptance of
the terms and conditions set forth in this agreement ("Agreement").
Please read this
Agreement carefully before accessing, browsing or using this site ("Site").
By accessing or using the Site, you agree that you have read, understood and
have become legally bound by the following terms and conditions. If you do not
wish to be legally bound by these terms and conditions, you should not access
or use this Site. Trans-Aero may modify this Agreement at any time, and such
modifications shall be effective immediately upon posting the modified Agreement.
You agree to review the Agreement periodically to be aware of such modifications
and your continued access or use of the Site shall be deemed your conclusive
acceptance of the modified Agreement.
2.
Operating Policy
Your participation in on-line communication occurs in real time and is not edited,
censored, or otherwise controlled by Trans-Aero. Trans-Aero cannot and does
not screen content provided by users of the Site; however, Trans-Aero does reserve
the right to monitor content on the Site and to remove content which Trans-Aero,
in its sole discretion, determines to be offensive, harmful, or otherwise in
violation of this operating policy, applicable laws and regulations or Trans-Aero's
policies and procedures. In order to enhance our ability to maintain an informative
and useful Site and avoid the damage that can result from disseminating harmful
or unauthorized statements, you agree that you will not:
(a) post or transmit
any message on or through the Site which is libelous, defamatory or which discloses
personal or private matters concerning any person without their express consent.
You may not post or transmit any message, data, image or program which is obscene,
indecent, pornographic or profane or any other material which could give rise
to any civil or criminal liability;
(b) post or transmit
any message on or through the Site which would violate the property rights of
others, including unauthorized copyrighted text, images, programs, trade secrets
or other confidential proprietary information, or trademarks or service marks
used in an infringing fashion;
(c) interfere with
the use by others of the Site; or,
(d) post or transmit
any file which may contain viruses, worms or any other contaminating or destructive
program.
(e) disrupt or
interfere with the security of, or otherwise abuse, the Site, or any services,
system resources, accounts, servers or networks connects to or accessible through
the Site or affiliated linked sites.
3.
The use of Information
The copyright in all material located on this Site is held by Trans-Aero or
the original creator of the material. All material is protected under the United
Kingdom and worldwide copyright laws and treaty provisions or the original creator
of the material. You agree to comply with all copyright laws worldwide when
you access or use this Site. Trans-Aero grants you a non-exclusive, non-transferable,
limited right to access, display, download and print material from this Site
solely for your personal, non-commercial use. This authorization is not a transfer
of title in the materials and copies of the materials and is subject to the
following restrictions:
a) you must retain,
on all copies of the materials downloaded, all copyright and other proprietary
notices contained in the materials;
b) you may not
modify the materials in any way or reproduce or publicly display, perform, or
distribute or otherwise use them for any public or commercial purpose; and,
any other copying, re-distribution, re-transmission, "mirroring" of
material contained on this site on another server, or publication of downloaded
material is strictly prohibited without the prior, written consent of Trans-Aero
and/or the original creator of such material. You agree to abide by all additional
restrictions displayed on the site as it may be updated from time to time.
Other "trademarks"
or service marks which may appear in this Web site may be marks of Trans-Aero
or of third parties that are not affiliated with Trans-Aero. Trans-Aero and
its affiliates do not control or endorse the content of third party Web sites.
Except as expressly provided in this Agreement Trans-Aero does not grant any
express or implied right to you under any patents, trademarks, copyrights, or
trade secret information.
4. Your Transmissions
Other than data Trans-Aero may request from you that may be protected by our
Online Privacy Policy above, Trans-Aero does not want you to, and you should
not, send any confidential or proprietary information to Trans-Aero on the Site.
If you do, you agree that any information or material that you provide to Trans-Aero
which is not protected by our Online Privacy Policy will be considered non-confidential
and non-proprietary. By providing any such information or materials to Trans-Aero,
you grant to Trans-Aero an unrestricted, irrevocable, worldwide, royalty-free
license to use, reproduce, display, publicly perform, transmit and distribute
such information and materials, and you further agree that is free to use any
ideas, concepts or know-how that you or individuals acting on your behalf provide
to Trans-Aero.
5. Hyperlinks
The Site may from time to time provide a link to other web sites or other Internet
information sources ("Third Party Sources"). These links are provided
as a convenience and do not constitute an endorsement, sponsorship or recommendation
by Trans-Aero of, or responsibility for, the third parties or the Third Party
Sources or any content, services or products available on or through such Third
Party Sources.
6.
Access and Interference
You agree that you will not extract, collect or harvest, through electronic
means or otherwise, data or data fields from the site, without Trans-Aero's
express written permission. You further agree that you will not use any device
or software, whether developed by you or a third party, too interfere or attempt
to interfere with the proper working of the Site and will not place a disproportionately
large load on Trans-Aero's infrastructure.
7. Links from Other Websites
You agree to obtain prior written permission from us before linking to the Site.
8.
Limitation of Liability
In no event will Trans-Aero, its officers, directors, employees, agents, be
liable to any person or entity for any indirect, special, consequential or other
damages (including, without limitation, any lost profits, business interruption,
loss of information or programs or other data on your information handling system)
that are related to the use of, or the inability to use, the content, materials,
and functions of the site or any linked Web site, even if Trans-Aero expressly
advised of the possibility of such damages.
9.
Indemnification
You agree to indemnify, defend, and hold harmless Trans-Aero, its officers,
directors, employees, agents, licensors, suppliers and any third party information
providers to this Site from and against all losses, expenses, damages and costs,
including reasonable attorney's fees, resulting from or relating to any violation
of this Agreement by you.
10.
Termination
This Agreement may be terminated by either party without notice at any time
for any reason; provided that you may no longer use the Site after you have
terminated this Agreement, however the obligations contained in Paragraphs 2,3,8,
9, 10, 12 and 13 shall survive such termination. Trans-Aero may terminate, change,
suspend or discontinue any aspect of the Trans-Aero Site, including the availability
of any features of the Site, at any time. Trans-Aero may also impose limits
on certain features and services or restrict your access to parts or all of
the Site without notice or liability. Trans-Aero may terminate the authorization,
rights and license given above and, upon such termination, you shall immediately
destroy all materials.
11.
Use of Interactive Electronic Tools ("Wizards")
Any interactive electronic tools (also known as "Wizards" and/or "Configurators")
provided on this Web Site are provided for your convenience. This information
is intended for informational purposes only and does not constitute a commitment
or warranty of any type by Trans-Aero. In accordance with paragraph 14, "Other
Agreements", below, any warranty provided by Trans-Aero will be governed
solely by the terms and conditions of the applicable commercial agreement of
purchase. In addition, any price quote for products or services provided through
the Site by any interactive electronic tool is provided for informational use
or planning purposes only; it is not an offer to sell the product or service
at that price and is subject to change at any time. The sale of any product
or service shall be as set forth on a Purchase Order prepared in accordance
with the terms and conditions in a valid and current General Terms Agreement.
12.
International Users
This Site is controlled, operated and administered by Trans-Aero from its offices
within the United Kingdom and/or by one of its appointed affiliated divisions.
Trans-Aero makes no representation that materials at this Site are appropriate
or available for use at other locations outside of the United Kingdom and access
to them from territories where their contents are illegal is prohibited. You
may not use the Site, export or re-export the materials in violation of United
Kingdom export laws and regulations. Unauthorized export or re-export is prohibited.
In addition, if you access this Site from a location outside of the United Kingdom,
you remain solely responsible for compliance with all local laws and regulations.
13.
General Agreement and Applicable Law
You agree that this Agreement constitutes the entire agreement between us with
respect to your use of the Site. This Agreement shall be interpreted and applied
in accordance with the laws of the United Kingdom, without giving effect to
its conflict of law provisions, rules or procedures (except to the extent that
the validity, perfection, or creation of any lien or security interest hereunder
and the exercise of rights or remedies with respect of such lien or security
interest for a particular item of Equipment are governed by the laws of a jurisdiction
other than the United Kingdom). You agree that any legal action or proceeding
between Trans-Aero and you for any purpose concerning this Agreement or the
parties obligations under this Agreement will be brought exclusively in a court
of competent jurisdiction sitting within the United Kingdom. Any cause of action
or claim you may have with respect to this Site must be commenced within one
(1) year after the claim or cause of action arises or such claim or cause of
action is barred. Trans-Aero's failure to insist upon or enforce strict performance
of any provision of this Agreement will not be construed as a waiver of any
provision or right. Neither the course of conduct between us nor trade practices
will act to modify any provision of this Agreement. Trans-Aero may assign its
rights and duties under this Agreement to any party at any time without notice
to you. If for any reason a court of competent jurisdiction finds any provision
of this Agreement or portion thereof, to be unenforceable, that provision shall
be enforced to the maximum extent permissible in order to give effect to the
intent of this Agreement, and the remainder of this Agreement shall continue
in full force and effect.
14.
Other Agreements
Any commercial transaction for goods, services or data which you have entered
into with or may enter into with Trans- Aero, whether separately in writing
or through the use of any link provided by Trans-Aero on this Site will be governed
by the terms and conditions set forth in the applicable agreement governing
such transaction. In the event of a conflict between specific terms of this
Agreement and specific terms of another agreement you may have with Trans-Aero,
the terms of such other agreement shall control to the extent necessary to eliminate
such conflict. All other terms shall be governed by this Agreement.
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