2. Professional Business to Business environment All sites are made for the professional user and not intended for use by private individuals. You represent and warrant you are at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement. If you are not at least 18 or 21 years of age, depending on the age of majority in your jurisdiction, you must exit the Sites immediately and may not use or access the Sites or print or download any materials or purchase any materials (as defined below) from them. 3. Warranty Disclaimer and Limitation of Liability You expressly agree that use of the sits or any of the materials contained therein is at your own and sole risk. The sites and all materials contained therein are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Wind and Sun makes no representations or warranties that the sites or any materials contained therein will be uninterrupted, timely, secure or error free; nor does Wind and Sun make any representations or warranties as to the quality, suitability, truth, accuracy or completeness of the sites or any of the materials contained therein. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of the sites or any of the materials contained therein is done at you own dissertation and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that Wind and Sun cannot and does not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. Wind and Sun does not assume any responsibility or risk for you use of the internet. Wind and Sun makes no warranty regarding any goods or services purchased or obtained though the sits or any transaction entered into through the sits or any transaction entered into through the sites and is not responsible for any use of confidential or private information by seller or third parties. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In no event shall Wind and Sun (or its licensors, agents, suppliers, resellers, service providers or any other subscribers or suppliers) be liable to you, or any other third, party for any direct, special, indirect, incidental, consequential, exemplary, or punitive damages, including without limitation, damages for loss of profits, revenue or goodwill, which may arise from any person’s use, misuse or inability to use the sites or any of the materials contained therein, even if get has been advised of the probability of such damages. This is for any matter arising out of or relating to the Agreement, whether such liability is asserted on the basis of contract, tort or otherwise, even if Wind and Sun has been advised of the possibility of such damages, in no event shall Wind and Sun maximum total aggregate liability hereunder for direct damages exceed the total fees actually paid by you for use of a site or sites for a period of no more than one (1) month from the accrual of the applicable cause or causes of action. Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 4. Copyright and Trademark Information All trademarks and copyrights are Wind and Sun’s assets. All rights are reserved. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners. Wind and Sun’s marks may not be used publicly except with express written permission from Wind and Sun, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Wind and Sun. The material and content accessible from the Sites, and any other World Wide Web site owned, operated, licensed, or controlled by Wind and Sun (collectively, “Materials”) is the proprietary information and valuable intellectual property of Wind and Sun or the party that provided the Materials to Wind and Sun, and Wind and Sun or the party that provided the Materials to Wind and Sun retains all right, title, and interest in the Materials. Accordingly, the Materials may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Wind and Sun, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials. Modification or use of the Content except as expressly provided in these Terms and Conditions violate Wind and Sun’s intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to the Sites. All content included on the Sites, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations and software is the property of Wind and Sun or its content suppliers and is protected by the Dutch and international copyright laws. The compilation of all content on each Site is the exclusive property of Wind and Sun or its content suppliers and protected by irish and international copyright laws, as well as other laws and regulations.
6. Membership and Registration WindTurbines-MarketPlace.com membership is a free membership. Users can register at the site WindTurbines-MarketPlace.com without any charge or expense. Access to Sites. To access the Sites or some of the resources they have to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of these Sites that all information you provide will be correct, current, and complete. If WindTurbines-MarketPlace.com believes the information you provide is not correct, current, or complete, WindTurbines-MarketPlace.com has the right to refuse you access to these Sites or any of its resources, and to terminate or suspend your access at any time. Subject to these Terms and Conditions and in consideration of your becoming a member to a Site, WindTurbines-MarketPlace.com hereby grants you a limited, nonexclusive, nontransferable personal license to access the Sites and the Materials contained therein. You agree to prevent any unauthorized copying of any of the Sites, or any of the Materials contained therein. Any unauthorized use of a Site or any of the Materials contained therein terminates this limited license effective immediately. This is a license to use and access a Site for its intended purpose and is not a transfer of title. Violators of this limited license may be prosecuted to the fullest extent under law. You are solely responsible for obtaining access to the Sites and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Sites. Registration. You are responsible for providing all equipment and the computer necessary to access the Sites. You may access the non-public portion of any Site only by being a member in good standing to that Site. You may become a member of a Site by completing an online registration form. Upon submission of the online registration form, WindTurbines-MarketPlace.com or its authorized agent will process the application. In connection with completing the online registration form, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform WindTurbines-MarketPlace.com of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing for the Sites. If you provide any information that is untrue, inaccurate, not current or incomplete, or WindTurbines-MarketPlace.com or any of its authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WindTurbines-MarketPlace.com has the right to suspend or terminate your account and refuse any and all current or future use of the Site or Sites. Company Account, Password and Security. As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public portion of a Site. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to any Site to anyone who is below the age of majority in your state. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. WindTurbines-MarketPlace.com will not release your password for security reasons. You agree to (a) immediately notify WindTurbines-MarketPlace.com of any unauthorized use of your user name and password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the Sites until you notify WindTurbines-MarketPlace.com by email regarding that unauthorized use. Unauthorized access to the Sites is illegal and a breach of this Agreement. You may obtain access to your billing records regarding charges of your use of the Sites upon request. 7. Termination WindTurbines-MarketPlace.com may terminate your access to a Site at any time, with or without advance notice, if: (a) WindTurbines-MarketPlace.com believes that you have breached any material term of these Terms and Conditions; (b) if you fail to pay any amount due by the payment due date; (c) WindTurbines-MarketPlace.com decides to cease operations or to otherwise discontinue any of the Sites. Further, you agree that neither WindTurbines-MarketPlace.com nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to any of the Sites. You agree that if your account is terminated by WindTurbines-MarketPlace.com, you will not attempt to re-register as a member without prior written consent from WindTurbines-MarketPlace.com. 8. Indemnity You agree to defend, indemnify, and hold harmless WindTurbines-MarketPlace.com, its officers, directors, shareholders, employees, independent contractors and agents, from and against any and all claims, actions, liabilities, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to use, misuse, or inability to use the Sites or any of the Materials contained therein, or your breach of any of these Terms and Conditions. WindTurbines-MarketPlace.com shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. WindTurbines-MarketPlace.com may participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but is not obligated to do so. 9. Links Some web sites which are linked to the Sites are owned and operated by third parties. Because WindTurbines-MarketPlace.com has no control over such sites and resources, you acknowledge and agree that WindTurbines-MarketPlace.com is not responsible for the availability of such external sites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WindTurbines-MarketPlace.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such site or resource. If you decide to access any such third party sites, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein. 10. Notice of Claimed Infringement WindTurbines-MarketPlace.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide WindTurbines-MarketPlace.com Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on a Site; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You may send your Notice of Claimed Infringement to: email@example.com 11. Notice and Takedown Procedures WindTurbines-MarketPlace.com reserves the right at any time to implement a “notice and takedown” procedure upon receipt of any notification of claimed infringement. WindTurbines-MarketPlace.com reserves the right at any time to disable access to, or remove any material or activity accessible on or from any Site or any Materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent. 12. Export Control You understand and acknowledge that the software elements of the Materials on the Sites may be subject to regulation by agencies of foreign Governments, which prohibits export or diversion of software to certain countries and third parties. Diversion of such Materials contrary to such law is prohibited. You will not assist or participate in any such diversion or other violation of applicable laws and regulations. You warrant that you will not license or otherwise permit anyone not approved to receive controlled commodities under applicable laws and regulations and that you will abide by such laws and regulations. You agree that none of the Materials is being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities. 13. Force Majeure WindTurbines-MarketPlace.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay WindTurbines-MarketPlace.com’s performance. 14. General Provisions Governing Law. These Terms and Conditions and all matters arising out of or otherwise relating to these Terms and Conditions shall be governed by the laws of The Netherlands, excluding its conflict of law provisions. The parties hereby submit to the personal jurisdiction of the courts of The Netherlands. Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state courts located in The Netherlands. Complete Agreement These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of any of the Sites and the Materials contained therein, and your membership with any of the Sites, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (except, to the extent applicable, any Download Agreement or similar contract governing the parties’ rights and responsibilities in connection with any specific Materials downloadable from a Site). No amendment to or modification of these Terms and Conditions will be binding unless in writing and signed by a duly authorized representative of both parties. Assignment. The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you. Attorney’s Fees. In the event of any litigation arising out of this agreement, the prevailing party shall be entitled to attorney’s fees, including attorney’s fees incurred on appeal. Severability. If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect. Headings. All headings are solely for the convenience of reference and shall not affect the meaning, construction or effect of these Terms and Conditions. No Waiver. No waiver of WindTurbines-MarketPlace.com shall be deemed a waiver of any subsequent default of the same provision of these Terms and Conditions. If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from these Terms and Conditions. Modifications WindTurbines-MarketPlace.com reserves the right to change any of the provisions posted herein and you agree to review these Terms and Conditions each time you visit a Site. Your continued use of a Site following WindTurbines-MarketPlace.com’s posting of any changes to these Terms and Conditions constitutes your acceptance to such changes. WindTurbines-MarketPlace.com does not and will not assume any obligation to provide you with notice of any change to these Terms and Conditions. Unless accepted by WindTurbines-MarketPlace.com in writing, these Terms and Conditions may not be amended by you. Government Rights. The software elements of the Materials have been developed at private expense and are “commercial computer software” or “restricted computer software” within the meaning of the FARs, the DFARs, and any other similar regulations relating to government acquisition of computer software. Nothing contained herein will be deemed to: (1) grant any government agency any license or other rights greater than are mandated by statute or regulation for commercial computer software developed entirely at private expense, or (2) restrict any government rights in any extensions or custom solutions provided hereunder and developed at government expense. Other Jurisdictions. WindTurbines-MarketPlace.com makes no representation that the Sites or any of the Materials contained therein are appropriate or available for use in other locations, and access to them from territories where their content may be illegal or is otherwise prohibited. Those who choose to access the Sites from such locations do so on their own initiative and are solely responsible for compliance with all applicable local laws. Consumer Information. Users who wish to gain access to the members-only section of any of the WindTurbines-MarketPlace.com Sites must be a member in good standing. WindTurbines-MarketPlace.com reserves the right to change the membership regulations at any time. Users may contact WindTurbines-MarketPlace.com at firstname.lastname@example.org in order to resolve any billing disputes or to receive further information about any of the Sites.