Please read this page carefully. It contains the terms and conditions (“Terms and Conditions”) governing your access to and use of the Clyde Bergemann Power Group Web Site provided by Clyde Bergemann Power Group, or one of its divisions (collectively, “Clyde Bergemann Power Group”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Clyde Bergemann Power Group Web Sites. These Terms and Conditions are effective immediately and may be modified without notice.
These Terms and Conditions (as they may be amended from time to time by Clyde Bergemann Power Group), form a binding agreement (the "Agreement") between you and Clyde Bergemann Power Group. Your access to or use of the Clyde Bergemann Power Group Web Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.
The following definitions apply to this Agreement:
“Clyde Bergemann Power Group Materials” includes any materials, methodologies, implementation plans or other intellectual property displayed on the Site.
“Clyde Bergemann Power Group Web Site” or the “Site” (collectively, the “Clyde Bergemann Power Group Website” or the “Site”) means any web site under Clyde Bergemann Power Group’s control, whether partial or otherwise and includes such Site’s Content, Text, Graphics, Design, Programming, Clyde Bergemann Power Group Materials and Services (as applicable in each context).
“Content” includes all Text, Graphics, Design and Programming used on the Sites.
“Document” refers to any posting to a Site
“Graphics” includes all logos, buttons, and other graphical elements on the Sites
“Services” means any services provided by Clyde Bergemann Power Group or its agents described herein and specified more fully within the Site.
“Text” includes all text on every page of the Sites, whether editorial, navigational, or instructional.
“User” refers to any individual or entity that uses any aspect of the Sites.
“You” or “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
Intellectual Property Rights and Acceptable Use of the Sites and Services.
The Sites are intended for individuals or entities seeking information on Clyde Bergemann Power Group Materials or Services. You may use the Sites only for lawful purposes within the stated context of Clyde Bergemann Power Group's intended and acceptable use of the Sites. Clyde Bergemann Power Group is the sole interpreter of the Sites’ intended and acceptable use.
Clyde Bergemann Power Group Intellectual Property Rights.
The Site, the Clyde Bergemann Power Group Materials and all right, title and interest in and to the Site and Clyde Bergemann Power Group Materials are the sole property of Clyde Bergemann Power Group or its licensors, and are protected by United States and foreign copyright, trademark and other laws. Except for the limited licenses expressly granted to you in these Terms and Conditions, Clyde Bergemann Power Group reserves for itself and its licensors all other rights, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content or Clyde Bergemann Power Group Materials, or use them in any other way for public or commercial purpose. Notwithstanding anything to the contrary contained herein, this prohibition includes: (a) copying or adapting the HTML code used to generate web pages on the Sites; (b) using or attempting to use engines, manual or automated software, tools, devices, agents, scripts robots or other means, devices, mechanisms or processes (including, but not limited to, browsers, spiders, robots, avatars or intelligent agents) to navigate, search, access, “scrape,” “crawl,” or “spider” any web pages or any Services provided on the Sites other than the search engine and search agents available from Clyde Bergemann Power Group on such Clyde Bergemann Power Group Sites and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari); and (c) aggregating, copying or duplicating in any manner any of the Content or information available from any of the Clyde Bergemann Power Group Sites, without the express written consent of Clyde Bergemann Power Group. The use of the Content on any other web site or in a networked computer environment for any purpose is strictly prohibited. The Clyde Bergemann Power Group design logo and certain other names or logos are service marks or trademarks of Clyde Bergemann Power Group, and all related product and service names, design marks and slogans are the service marks or trademarks of Clyde Bergemann Power Group. In addition, the "look" and "feel" of the Sites (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by Clyde Bergemann Power Group's trademarks, service marks and copyrights. Any code that Clyde Bergemann Power Group creates to generate or display the Content or the pages making up the Sites is also protected by Clyde Bergemann Power Group’s copyright. You must retain all copyright, trademark, service mark and other proprietary notices contained on the Content or Clyde Bergemann Power Group Materials on any authorized copy you make of the Content or Clyde Bergemann Power Group Materials. All other product and service marks contained on the Sites are the trademarks of their respective owners.
Disclaimers and Limitations on Clyde Bergemann Power Group's Liability.
Allocation of Responsibility
Clyde Bergemann Power Group assumes no responsibility for and no responsibility for the activities, omissions or other conduct of Users. Clyde Bergemann Power Group has no liability or responsibility to Users for performance or nonperformance of such activities.
(a) THE SITES ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. CLYDE BERGEMANN POWER GROUP, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. CLYDE BERGEMANN POWER GROUP MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITES.
(b) WITHOUT LIMITATION ON THE FOREGOING:
CLYDE BERGEMANN POWER GROUP DOES NOT WARRANT THAT THE SITES WILL OPERATE ERROR-FREE OR THAT THE SITES AND THEIR SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITES RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, CLYDE BERGEMANN POWER GROUP IS NOT RESPONSIBLE FOR THOSE COSTS.
(i) Documents may contain inaccuracies or typographical errors. You agree that any reliance on Documents posted or on any other form of communication will be at your own risk.
(ii)Clyde Bergemann Power Group makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.
DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITES, THE INTERNET GENERALLY, ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITES.
(b) IN NO EVENT SHALL CLYDE BERGEMANN POWER GROUP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH SERVICES OR THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITES AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLYDE BERGEMANN POWER GROUP IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.THIS SECTION SHALL NOT APPLY TO ANY PAYMENT AND INDEMNIFICATION OBLIGATIONS DESCRIBED HEREIN.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN CLYDE BERGEMANN POWER GROUP'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL CLYDE BERGEMANN POWER GROUP (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00.
Amendments to this Agreement and Changes to Sites.
Clyde Bergemann Power Group may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on the date of such change. Any use of a Site will be considered acceptance by you of the then-current Terms and Conditions (including any exhibits thereto) contained on such Site. If at any time you find the Terms and Conditions unacceptable, you may not use the applicable Site any longer. Any new or different terms supplied by you are specifically rejected by Clyde Bergemann Power Group unless Clyde Bergemann Power Group agrees to them in a signed writing specifically including those new or different terms. Clyde Bergemann Power Group may change the Sites at any time.
You agree to defend, indemnify, and hold harmless Clyde Bergemann Power Group (and its subsidiaries, affiliates, officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Sites, any Document posted or your breach of this Agreement. Clyde Bergemann Power Group shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
Clyde Bergemann Power Group reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain User Access Information.
Clyde Bergemann Power Group contact information is listed on the Site. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Sites. If you access Clyde Bergemann Power Group you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. All provisions of this Agreement shall survive termination except those granting access or use to the Sites, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Clyde Bergemann Power Group in a particular "Legal Notice," or material on particular web pages of the Sites, this Agreement and your Service Activation Agreement where applicable, constitute the entire agreement between you and Clyde Bergemann Power Group.
(a) Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail.
(b) Violation of these Security Rules may result in civil or criminal liability. Clyde Bergemann Power Group will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Clyde Bergemann Power Group respects the intellectual property of others. It is Clyde Bergemann Power Group's policy to respond to claims of copyright and other intellectual property infringement. Clyde Bergemann Power Group will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Clyde Bergemann Power Group may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Notifying Clyde Bergemann Power Group of Copyright Infringement: To provide Clyde Bergemann Power Group notice of an infringement, you must provide a written communication to the attention of "Trust and Site Security" that sets forth the information specified by the DMCA. Please also note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.