| TERMS OF USE
Baldwin Gear, LLC,, agrees
to allow you access to its website ("Website") conditional upon
your acceptance and compliance with the terms, conditions, notices and
disclaimers contained in this document ("Terms of Use"). Your use
of, and/or access to, the Website constitutes your agreement to the
Terms of Use. Baldwin Gear, LLC, reserves the right to amend the Terms of Use
at any time. Since you are bound by these Terms of Use, you should
periodically refer to them in this document and elsewhere on the
Website.
Intellectual property and restrictions on use of Content on the Website
All information, text, material, graphics, software and advertisements
on the Website ("Content") are Copyright © 2005 Baldwin
Gear, LLC, its
suppliers and/or licensors unless expressly indicated otherwise on the
Website. The Content is protected by Australian and international
copyright and trademark laws. Content on the Website is published in
real-time, and you must not modify, copy, reproduce, republish, frame,
upload to a third party, post, transmit or distribute this Content in
any way except as expressly provided for on the Website or expressly
authorized in writing by Baldwin Gear, LLC. Strictly on the condition that
you keep all Content intact and in the same form as presented on the
Website (including without limitation all copyright, trademark and other
proprietary notices and all advertisements), you may use an
industry-standard Web browser,
download and view the Content for your personal use. You must not use
the Website in any manner or for any purpose which is unlawful or in any
manner which violates any right of Baldwin Gear, LLC, or which is prohibited
by the Terms of Use.
User
license to Baldwin Gear, LLC:
By placing any information or other material on the Website (including
posting messages, uploading files, inputting data or engaging in any
other form of communication), you grant to Baldwin Gear, LLC, a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide
license to do the following in respect of the information or material:
1. use, copy, sublicense,
redistribute, adapt, transmit, publish and/or broadcast, publicly
perform or display, and
2. sublicense to any third parties the
unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right
to exploit all proprietary rights in any such information or other
material including but not limited to rights under copyright, trademark,
service mark or patent laws under any jurisdiction worldwide. You
expressly waive in favor of Baldwin Gear, LLC, and any other party authorized
by Baldwin Gear, LLC, all moral rights and any similar rights in any
jurisdiction which you may have or hereafter acquire in respect of any
relevant communication or other material. At the request and expense of
Baldwin Gear, LLC, you will execute and deliver to Baldwin Gear, LLC, such
instruments and take such other actions as may be required to carry out
this grant of license and waiver.
Links to
third party websites
The Website contains hyperlinks and other pointers to Internet websites
operated by third parties. These linked websites are not under the
control of Baldwin Gear, LLC, and Baldwin Gear, LLC, is not responsible for the
contents of any linked web or any hyperlink contained in a linked
website. Baldwin Gear, LLC, provides these hyperlinks to you as a convenience
only, and the inclusion of any link does not imply any endorsement of
the linked website by Baldwin Gear, LLC. You link to any such website
entirely at your own risk.
Disclaimer and limitation of liability
The Trade Practices Act and similar State and Territory Legislation in
United States of America may confer rights and remedies on you in
relation to the provision by Baldwin Gear, LLC, of goods or services on the
Website which cannot be excluded, restricted or modified ("Non-excludable
Rights"). Baldwin Gear, LLC, does not exclude any Non-excludable Rights
but does exclude all other conditions and warranties implied by custom,
law or statute.
Except as provided for by the
Non-excludable Rights: a) all Content is provided "as is" and without
warranties of any kind, either express or implied, b) Baldwin Gear, LLC, and
its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness for
a particular purpose, c) Baldwin Gear, LLC, does not warrant that the
functions contained in any Content or your access to the Website will be
uninterrupted or error-free, that any defects will be corrected or that
the Website or the server which stores and transmits Content to you are
free of viruses or any other harmful components, d) Baldwin Gear, LLC, does
not warrant or make any representation regarding your access to, or the
results of your access to, the Website (including any related or linked
websites) or any Content in terms of correctness, accuracy, timeliness,
completeness, reliability or otherwise, and e) you (and not Baldwin
Gear, LLC,
) assume the entire cost of any necessary verification, maintenance,
repair and/or correction of any relevant Content.
Under no circumstances (including but
not limited to any act or omission on the part of Baldwin Gear, LLC, ) will
Baldwin Gear, LLC, be liable for any indirect, incidental, special and/or
consequential damages or loss of profits whatsoever which result from
any use or access of, or any inability to use or access, the Website or
any Content.
To the fullest extent permitted by
law, Baldwin Gear, LLC,'s liability for breach of any implied warranty or
condition which cannot be excluded is limited at the option of
Baldwin Gear, LLC, to, in the case of services supplied or offered by
Baldwin Gear, LLC,, (a) the supply of the services again, or (b) the payment
of the cost of having services supplied again; and in the case of goods
supplied or offered by Baldwin Gear, LLC,, (c) the replacement of the goods or
the supply of equivalent goods, (d) the repair of such goods, (e) the
payment of the cost of replacing the goods or acquiring equivalent
goods, or (f) the payment of the cost of having the goods repaired.
Termination
The Terms of Use are effective until terminated by Baldwin Gear, LLC, and
Baldwin Gear, LLC, may terminate this agreement and your access to the Website
at any time without notice. In the event of termination, you are no
longer authorized to access the Website, but all restrictions imposed on
you, licenses granted by you and all Baldwin Gear, LLC, disclaimers and
limitations of liability set out in the Terms of Use will survive.
Miscellaneous
Baldwin Gear, LLC, relies on your continued observance of these Terms of Use.
If Baldwin Gear, LLC, suffers any loss or damage or incurs any costs in
connection with any breach of these Terms of Use or any other legal
obligation then you agree to indemnify Baldwin Gear, LLC, for those losses,
damages and costs.
This agreement will be governed by and
construed in accordance with the laws of the United States of America.
You irrevocably and unconditionally submit to the non-exclusive
jurisdiction of the courts of the United States of America. If any
provision of this agreement is found to be invalid or unenforceable by a
court of law, such invalidity or unenforceability will not affect the
remainder of the agreement, which will continue in full force and
effect.
All rights not expressly
granted herein are reserved.
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