This website
is not open to the public. It may only be accessed by approved users who have
been granted authorized access and who agree to be bound by these Terms of Use
(“Terms”).
Use of this
website signifies your Agreement to these Terms, which constitute a legal Agreement
between you and The Aeroacoustic Corporation (hereinafter "AERO",
"we" or "us"). Please read these Terms. Your access to and
use of this website (access privileges) are conditioned upon and subject to
these Terms. They must be accepted by you in their entirety, or you will not
be permitted access. You must indicate your consent to be bound by these Terms
by clicking on the acceptance checkbox below.
NONTRANSFERABLE -
Your access
privileges are nontransferable. You agree to NOT disclose your password to
anyone and you agree to NOT permit anyone to access this site with your
information. You also agree to NOT share and/or NOT provide any access information
to an unauthorized or unapproved user.
PURPOSE -
This website
incorporates online applications and tools to allow users to obtain pricing and
other information about products and services provided by AERO. This website is considered
a business vehicle to promote business between us and you. You may not use
this website to violate any applicable law, statute, ordinance rule or
regulation, nor violate any patent, trademark, copyright or other intellectual
property, trade secret or proprietary rights.
CONFIDENTIALITY -
Any
and all information made available through this site, including but not limited
to pricing, rates, multipliers, drawings, product line, specifications,
accessories, options, performance, website design and function, applications,
services, data, processes, user account passwords and other user account
personal information, is the confidential and proprietary information belonging
to AERO and its affiliates.
You agree to
treat all content and information as Confidential Information and not to
disclose or transmit any Confidential Information except for the purpose of purchasing,
selling or reselling AERO products (procuring orders). Information such as pricing,
drawings, accessories, options and other product specifications may be revealed
to your customer or end user in order to promote the sale of AERO product.
However, under no circumstances should such information be revealed to another
business, person, competitor of AERO, entity or other party for the primary
purpose of divulging such Confidential Information. In such circumstances,
access privileges may be suspended or terminated immediately.
CONSENT -
You agree to be
contractually and legally bound by the Terms of this Agreement. You
specifically agree that your electronic consent provided herein shall have the
same legal effect as if it had been personally or manually signed by you. The
intent of this paragraph is to supersede any laws, locally nationally or
internationally, which may other wise limit its enforceability or effect
because of the electronic Agreement.
CHANGES -
We reserve the right to modify the pricing, product or
these Terms or to impose new Terms with respect to this website from time to
time without notice. Such modifications and additions shall be effective
immediately upon notice thereof, which may be given by any means, including, without
limitation, posting the modified terms or additional terms on this website. ANY
ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF MODIFICATIONS OR ADDITIONS
TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH
MODIFICATIONS OR ADDITIONS.
USER
ACKNOWLEGEMENT -
In
consideration of your use of this website, you agree to: (a) provide true,
accurate, current and complete information about yourself and (b) maintain and
make reasonable efforts to promptly update the information to keep it true,
accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or which we have reasonable grounds to
suspect is untrue, inaccurate, not current or incomplete, we have the right to
suspend or terminate your account privileges and refuse any and all current or
future use of this website or the services provided in connection therewith (or
any portion thereof). Further, any user accounts and access or user profile
information created or provided in connection with this website may not be
transferred or sold to another business, person, competitor of AERO, entity or party.
You specifically agree to treat all content and information obtained through
this website as Confidential Information in accordance with the Terms herein.
USER
MONITORING -
AERO
may review, analyze, inspect or otherwise monitor your usage of this website.
There is no expectation of privacy created by this Agreement or by your usage
of this website
USAGE
OF CONTENT -
You
may not list any content on this website in a way that could cause either you
or AERO to violate any applicable law, statute, ordinance or regulation, or
that violates any patent, trademark, other intellectual property rights, trade
secrets or any other rights of another party. Furthermore, you agree that you
will not use this website or applications for unauthorized commercial
solicitations, “spam”, junk mail, or to send any message or content that (a) is
libelous, defamatory, obscene, pornographic, threatening, invasive of privacy
or publicity rights, abusive or illegal; (b) contains viruses or other features
that might contaminate or destroy this website; or (c) otherwise gives rise to
liability or violates any other applicable law. Any use of this website, except
as specifically permitted in these Terms, is strictly prohibited
CONTENT -
This website may occasionally
contain errors, such as but not limited to typographical or grammatical errors,
omissions, or may be out of date. AERO may change, delete or update any content
at any time and without prior notice. Should you discover any omissions, errors,
or any other mistakes, you agree to notify us immediately.
PROPRIETARY
RIGHTS -
All
content posted on this website, including the design and layout of this
website, is protected by copyrights, trademarks, service marks, trade secrets
and other proprietary rights that are owned by AERO, or its affiliates.
You may view
and use the content on this website to obtain information and you shall retain
intact all copyright and other proprietary rights and notices. Except for the
purposes of procuring orders for AERO and as may otherwise be provided herein,
neither AERO nor its affiliates grants to you or any person any right to use,
reproduce, copy, modify, transmit, display, publish, sell, license, create
derivative works, publicly perform or distribute by any means, method or
process whatsoever, now known or hereafter developed, any of the content on or
transmitted through this website, including without limitation by transferring,
downloading or otherwise copying any such content onto any disk drive or other
storage medium, now known or hereafter developed.
TERMINATION -
These Terms are
effective until terminated by either you or AERO. You may terminate this User
Agreement at any time by contacting AERO to terminate your account and destroying
all content obtained from this website and all related documentation and all
copies and installments thereof. AERO may terminate your right to access or use
this website or any feature or portion thereof or change, suspend or
discontinue all or any aspect or portion of this website, or any service or
product offered, at any time, without notice or liability to you, any other
user or any third party. Upon termination, you are no longer authorized to
access this website and you must destroy all content obtained from this website
and all copies thereof, whether made under these Terms or otherwise. The
restrictions imposed on you with respect to the content, and the disclaimers,
indemnities and limitations of liabilities set forth in these Terms shall
survive termination.
INDEMNITY -
You agree, to the
fullest extent permitted by law, to indemnify, defend and hold harmless AERO
from and against any claims, liability, losses, costs and expenses (including
but not limited to reasonable attorneys' fees) incurred by any AERO in
connection with any violation of these Terms by you and any use or alleged
misuse of this website under your password by any person, whether or not
authorized by you. AERO reserves the right to assume the exclusive defense and
control, at its own expense, of any matter otherwise subject to indemnification
by you. In such case, you agree to cooperate with AERO’s defense of such claim.
DISCLAIMER -
This website and its
contents are provided for use "as is" and "as available".
AERO does not warrant that the operation of this website will be uninterrupted
or error-free, and relies upon its users to notify us of any errors,
interruptions or defects discovered during use. All corrections will be made
as soon as discovered or available. Users can always call the factory for
immediate assistance.
This website
is controlled and operated by AERO from its offices in New Jersey and South
Carolina. AERO makes no representation that content on this website is
appropriate or available for use in other locations, or that internet access
will be available in your location. AERO and its affiliates shall not be
liable for any nonperformance or delay in performance caused by any act beyond
its reasonable control, including without limitation acts or omissions of third
parties, unavailability of supplies, equipment failure, war, strikes,
lock-outs, fire, flood or any other Act of God, any law, regulation, ordinance
or other act or order of any court, government or governmental agency, or
delays, unavailability, errors or other failures of the Internet or other data
networks.
LIMITATIONS
OF LIABILITY -
Under
no circumstances, shall AERO, its affiliates, or its respective officers,
directors, owners, employees, agents, contractors and information providers be
liable for any direct, indirect, special, incidental or consequential damages,
including, but not limited to, loss of data or profit, arising out of the use,
or the inability to use, the content or materials on this website. If your use
of content or materials from this website results in the need for servicing,
repair or correction of equipment or data, you assume any costs thereof.
MISCELLANEOUS -
These
Terms constitute the entire User Agreement between the parties relating to the
subject matter herein. If any provision of these Terms shall be unlawful, void
or for any reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability of any
remaining provisions. The headings and captions in these Terms are intended for
information only and shall in no way affect the interpretation of the Terms.