AGREEMENT
BETWEEN USER AND Atlantec BioEnergy
The Atlantec BioEnergy Web Site is
comprised of various Web pages
operated by Atlantec BioEnergy .
The Atlantec BioEnergy Web Site is
offered to you conditioned on your
acceptance without modification of
the terms, conditions, and notices
contained herein. Your use of the
Atlantec BioEnergy Web Site
constitutes your agreement to all
such terms, conditions, and notices.
MODIFICATION
OF THESE TERMS OF USE
Atlantec BioEnergy reserves the right
to change the terms, conditions, and
notices under which the Atlantec BioEnergy Web Site is offered,
including but not limited to the
charges associated with the use of
the Atlantec BioEnergy Web Site.
LINKS TO THIRD
PARTY SITES
The Atlantec BioEnergy Web Site may
contain links to other Web Sites
("Linked Sites"). The Linked Sites
are not under the control of Atlantec BioEnergy and Atlantec BioEnergy is
not responsible for the contents of
any Linked Site, including without
limitation any link contained in a
Linked Site, or any changes or
updates to a Linked Site. Atlantec BioEnergy is not responsible for
webcasting or any other form of
transmission received from any
Linked Site. Atlantec BioEnergy is
providing these links to you only as
a convenience, and the inclusion of
any link does not imply endorsement
by Atlantec BioEnergy of the site or
any association with its operators.
NO UNLAWFUL OR
PROHIBITED USE
As a condition of your use of the
Atlantec BioEnergy Web Site, you
warrant to Atlantec BioEnergy that you
will not use the Atlantec BioEnergy Web Site for any purpose that is
unlawful or prohibited by these
terms, conditions, and notices. You
may not use the Atlantec BioEnergy Web
Site in any manner which could
damage, disable, overburden, or
impair the Atlantec BioEnergy Web Site
or interfere with any other party's
use and enjoyment of the Atlantec BioEnergy Web Site. You may not
obtain or attempt to obtain any
materials or information through any
means not intentionally made
available or provided for through
the Atlantec BioEnergy Web Sites.
USE OF
COMMUNICATION SERVICES
The Atlantec BioEnergy Web Site may
contain bulletin board services,
chat areas, news groups, forums,
communities, personal web pages,
calendars, and/or other message or
communication facilities designed to
enable you to communicate with the
public at large or with a group
(collectively, "Communication
Services"), you agree to use the
Communication Services only to post,
send and receive messages and
material that are proper and related
to the particular Communication
Service. By way of example, and not
as a limitation, you agree that when
using a Communication Service, you
will not:
- Defame, abuse, harass,
stalk, threaten or otherwise
violate the legal rights (such
as rights of privacy and
publicity) of others.
- Publish, post, upload,
distribute or disseminate any
inappropriate, profane,
defamatory, infringing, obscene,
indecent or unlawful topic,
name, material or information.
- Upload files that contain
software or other material
protected by intellectual
property laws (or by rights of
privacy of publicity) unless you
own or control the rights
thereto or have received all
necessary consents.
- Upload files that contain
viruses, corrupted files, or any
other similar software or
programs that may damage the
operation of another's computer.
- Advertise or offer to sell
or buy any goods or services for
any business purpose, unless
such Communication Service
specifically allows such
messages.
- Conduct or forward surveys,
contests, pyramid schemes or
chain letters.
- Download any file posted by
another user of a Communication
Service that you know, or
reasonably should know, cannot
be legally distributed in such
manner.
- Falsify or delete any author
attributions, legal or other
proper notices or proprietary
designations or labels of the
origin or source of software or
other material contained in a
file that is uploaded.
- Restrict or inhibit any
other user from using and
enjoying the Communication
Services.
- Violate any code of conduct
or other guidelines which may be
applicable for any particular
Communication Service.
- Harvest or otherwise collect
information about others,
including e-mail addresses,
without their consent.
- Violate any applicable laws
or regulations.
Atlantec BioEnergy has no obligation
to monitor the Communication
Services. However, Atlantec BioEnergy reserves the right to review
materials posted to a Communication
Service and to remove any materials
in its sole discretion. Atlantec BioEnergy reserves the right to
terminate your access to any or all
of the Communication Services at any
time without notice for any reason
whatsoever.
Atlantec BioEnergy reserves the right
at all times to disclose any
information as necessary to satisfy
any applicable law, regulation,
legal process or governmental
request, or to edit, refuse to post
or to remove any information or
materials, in whole or in part, in
Atlantec BioEnergy 's sole discretion.
Always use caution when giving out
any personally identifying
information about yourself or your
children in any Communication
Service. Atlantec BioEnergy does not
control or endorse the content,
messages or information found in any
Communication Service and,
therefore, Atlantec BioEnergy specifically disclaims any liability
with regard to the Communication
Services and any actions resulting
from your participation in any
Communication Service. Managers and
hosts are not authorized Atlantec BioEnergy spokespersons, and their
views do not necessarily reflect
those of Atlantec BioEnergy .
Materials uploaded to a
Communication Service may be subject
to posted limitations on usage,
reproduction and/or dissemination.
You are responsible for adhering to
such limitations if you download the
materials.
MATERIALS
PROVIDED TO Atlantec BioEnergy OR
POSTED AT ANY Atlantec BioEnergy WEB
SITE
Atlantec BioEnergy does not claim
ownership of the materials you
provide to Atlantec BioEnergy (including feedback and suggestions)
or post, upload, input or submit to
any Atlantec BioEnergy Web Site or its
associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or
submitting your Submission you are
granting Atlantec BioEnergy , its
affiliated companies and necessary
sublicensees permission to use your
Submission in connection with the
operation of their Internet
businesses including, without
limitation, the rights to: copy,
distribute, transmit, publicly
display, publicly perform,
reproduce, edit, translate and
reformat your Submission; and to
publish your name in connection with
your Submission.
No compensation will be paid with
respect to the use of your
Submission, as provided herein.
Atlantec BioEnergy is under no
obligation to post or use any
Submission you may provide and may
remove any Submission at any time in
Atlantec BioEnergy 's sole discretion.
By posting, uploading, inputting,
providing or submitting your
Submission you warrant and represent
that you own or otherwise control
all of the rights to your Submission
as described in this section
including, without limitation, all
the rights necessary for you to
provide, post, upload, input or
submit the Submissions.
LIABILITY
DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE Atlantec BioEnergy WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN.
Atlantec BioEnergy AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS
AND/OR CHANGES IN THE Atlantec BioEnergy WEB SITE AT ANY TIME.
ADVICE RECEIVED VIA THE Atlantec BioEnergy WEB SITE SHOULD NOT BE
RELIED UPON FOR PERSONAL, MEDICAL,
LEGAL OR FINANCIAL DECISIONS AND YOU
SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Atlantec BioEnergy AND/OR ITS
SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE
Atlantec BioEnergy WEB SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Atlantec BioEnergy AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL
Atlantec BioEnergy AND/OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS
OF USE, DATA OR PROFITS, ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Atlantec BioEnergy WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE Atlantec BioEnergy WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE Atlantec BioEnergy WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Atlantec BioEnergy WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF
Atlantec BioEnergy OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF
YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Atlantec BioEnergy WEB
SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE Atlantec BioEnergy WEB SITE.
SERVICE CONTACT :
it@atlantecbioenergy.com
TERMINATION/ACCESS RESTRICTION
Atlantec BioEnergy reserves the right,
in its sole discretion, to terminate
your access to the Atlantec BioEnergy Web Site and the related services or
any portion thereof at any time,
without notice. GENERAL To the
maximum extent permitted by law,
this agreement is governed by the
laws of the State of Washington,
U.S.A. and you hereby consent to the
exclusive jurisdiction and venue of
courts in King County, Washington,
U.S.A. in all disputes arising out
of or relating to the use of the
Atlantec BioEnergy Web Site. Use of
the Atlantec BioEnergy Web Site is
unauthorized in any jurisdiction
that does not give effect to all
provisions of these terms and
conditions, including without
limitation this paragraph. You agree
that no joint venture, partnership,
employment, or agency relationship
exists between you and Atlantec BioEnergy as a result of this
agreement or use of the Atlantec BioEnergy Web Site. Atlantec BioEnergy 's performance of this
agreement is subject to existing
laws and legal process, and nothing
contained in this agreement is in
derogation of Atlantec BioEnergy 's
right to comply with governmental,
court and law enforcement requests
or requirements relating to your use
of the Atlantec BioEnergy Web Site or
information provided to or gathered
by Atlantec BioEnergy with respect to
such use. If any part of this
agreement is determined to be
invalid or unenforceable pursuant to
applicable law including, but not
limited to, the warranty disclaimers
and liability limitations set forth
above, then the invalid or
unenforceable provision will be
deemed superseded by a valid,
enforceable provision that most
closely matches the intent of the
original provision and the remainder
of the agreement shall continue in
effect. Unless otherwise specified
herein, this agreement constitutes
the entire agreement between the
user and Atlantec BioEnergy with
respect to the Atlantec BioEnergy Web
Site and it supersedes all prior or
contemporaneous communications and
proposals, whether electronic, oral
or written, between the user and
Atlantec BioEnergy with respect to the
Atlantec BioEnergy Web Site. A printed
version of this agreement and of any
notice given in electronic form
shall be admissible in judicial or
administrative proceedings based
upon or relating to this agreement
to the same extent an d subject to
the same conditions as other
business documents and records
originally generated and maintained
in printed form. It is the express
wish to the parties that this
agreement and all related documents
be drawn up in English.
COPYRIGHT AND
TRADEMARK NOTICES:
All contents of the Atlantec BioEnergy Web Site are: Copyright 2007 by J.M.
Consulting & Web Services and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and
products mentioned herein may be the
trademarks of their respective
owners.
The example companies,
organizations, products, people and
events depicted herein are
fictitious. No association with any
real company, organization, product,
person, or event is intended or
should be inferred.
Any rights not expressly granted
herein are reserved.
NOTICES AND
PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States
Code, Section 512(c)(2),
notifications of claimed copyright
infringement under United States
copyright law should be sent to
Service Provider's Designated Agent.
ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure
for Making Claims of Copyright
Infringement.