Scope and Applicability.
In accordance with the terms and conditions of this Agreement, Rantec grants you a non-exclusive, limited, non-transferable license to use the Services and view the online content for your personal, non- commercial use. The Services (and the content and information included therein) are protected by copyright pursuant to United States laws and international treaties and are owned or licensed by Rantec and/or the Information Provider(s) credited. You shall abide by all copyright notices, information, or restrictions contained in any content or information accessed through the Services.
You may not reproduce, retransmit, disseminate, sell, distribute, perform, display, publish, broadcast, circulate, create derivative works from, or commercially exploit the Services (including the content and information made available through the Services), in whole or in part, in any manner, without the prior written consent of Rantec, nor use the content or information made available through the Services for any unlawful purpose. You may not replay for commercial purposes video and/or audio materials available on the Web site. Nothing contained in this Agreement shall be construed as conferring any right in any copyright, trademark, or other intellectual property of Rantec to you. Violation of this policy may result in infringement of the intellectual property and contractual rights of Rantec and/or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
No part of these materials may be copied, reproduced, uploaded, posted, transmitted or distributed in any form or by any means, electronic or mechanical, now known or hereafter invented without the prior written consent of Rantec. Notwithstanding the foregoing, you may print hard copies of pages from the Web site and the printable versions displayed therein for your personal, temporary, non-commercial use, provided you maintain all copyright and other notices contained therein. No other copying of the Web site, in whole or in part, is permitted without Rantec's prior express written authorization, which may be withheld for any reason.
You agree to accept sole responsibility for: (1) any use of Internet facilities conducted or permitted by you or your agents, contractors, employees or other users; (2) the conduct of any business, advertising, marketing or sales in connection therewith; and (3) any negligent or illegal act or omission of you or your agents, contractors, employees or other users.
When retrieving information from the Services, you are expressly prohibited from: (1) using or attempting to use data mining, spiders, robots, intelligent agents, or any other similar data gathering, extraction or navigation search methods except for a normal browser; (2) aggregating, copying or duplicating any of the materials or information available from the site except for the small amount of materials and information temporarily required for an ordinary single use of the Web site; or (3) accessing data not intended for such user.Hyperlinks on the Web Site.
Rantec may from time to time, directly or indirectly, provide hyperlinks ("links") to or, in our sole discretion, accept links from Web sites of third parties, such as Twitter and/or Facebook. Rantec does not control or maintain the material presented by other persons in their Web sites. The inclusion of any link on the Web site does not imply an association or relationship between Rantec and the person or entity sponsoring the linked site and does not constitute or imply an endorsement, approval or sponsorship of the linked site by Rantec, or the endorsement, approval or sponsorship of Rantec by the sponsor of the linked site. The links do not imply legal authority to use any protected rights of others reflected in the links. We do not vouch for or assume any responsibility for the content, accuracy or completeness of the material presented directly or indirectly in linked sites. For information about the data protection practice of pages to which the Web site may link, please review the policies posted on those third party Web site(s). If you use any of the links, you will leave the Web site.Linking to the Web Site.
You may not link other sites to the Web site without prior authorization by Rantec, which may be withheld for any reason. In all circumstances, you may not frame or alter the appearance of the Web site or reproduce or host content from the Web site on your Web site. Further, you may not state or imply that Rantec endorses, sponsors or otherwise approves your site. You may not use any of the Rantec trademarks or logos without prior written consent, which may be withheld for any reason.Submissions to Web Site.
All concepts, ideas, comments, manuscripts, illustrations and all other materials disclosed or offered on or in connection with the Web site are submitted without any restrictions or expectation of confidentiality. Rantec shall not have any financial or other obligations to you when you submit such information, nor shall you assert any proprietary or moral right of any kind with respect to such submissions. We shall have the right to use, publish, distribute, transmit, download, upload, post, display or otherwise distribute your submissions in any manner without notice or compensation to you.
Rantec does not represent or warrant that information and content provided in connection with the Services is or will be always up-to-date, complete, accurate or available for viewing. The Services may include facts, views, opinions and recommendations of individuals and organizations deemed of interest. Rantec does not guarantee the accuracy, completeness or timeliness of, or otherwise endorses, these views, opinions or recommendations. Rantec will take reasonable efforts to correct any inaccuracies that are brought to its attention.Intellectual Property Rights.
Unless otherwise noted, all materials, including but not limited to the Web site, all articles, text, graphics, logos, images, illustrations, designs, icons, photographs, video clips, audio clips, all menu pages, underlying HTML code, and software that is part of the Web site, are protected under copyright laws and are the trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Rantec or is otherwise part of the public domain.
Without prior written consent, you may not republish, frame, retransmit, modify or create derivative works of any material contained in the Web site on any other Web site or in materials of any other entity. Further, the computer code created by or for Rantec to generate the Web site is protected by copyright and any copying or adapting of such code is strictly prohibited.Termination
In accordance with the terms and conditions of this Agreement, Rantec may discontinue or change the Services, or their availability to you, immediately, in its sole discretion, at any time without cause.Disclaimer of Warranties.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND THE INFORMATION PRESENTED ON THE WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, RELIABILITY, NONINFRINGEMENT, RESULT OR OUTCOME. ANY REPRESENTATION OR WARRANTY THAT MIGHT BE OTHERWISE IMPLIED IS EXPRESSLY DISCLAIMED BY RANTEC. RANTEC MAKES NO WARRANTY THAT THE WEB SITE WILL ALWAYS BE AVAILABLE, ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD BE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE SUCH AS LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.Limitation of Liability.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NEITHER RANTEC NOR ANY OF ITS MANAGERS, MEMBERS, SUBSIDIARIES, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE SERVICES, ACCESS TO OR INABILITY TO ACCESS THE SERVICES, USE OF OR RELIANCE ON THE INFORMATION IN OR THROUGH THE
SERVICES, OR RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL, BUSINESS REPUTATION, THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER RANTEC NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR AGENTS SHALL BE LIABLE TO YOU OR OTHERS FOR LIABILITY OR DAMAGES UNDER CONTRACT OR TORT THEORIES OR ANY DAMAGES CAUSED BY VIRUSES, "TROJAN HORSES," "WORMS," "TIME BOMBS," OR ANY OTHER DAMAGING COMPUTER PROGRAMMING ROUTINES OR ENGINES CONTAINED WITHIN ELECTRONIC FILES OF THE WEB SITE OR ANY LINKED SITE, REGARDLESS OF PRIOR NOTICE TO RANTEC. IN NO EVENT SHALL RANTEC BE LIABLE FOR DAMAGES TO YOU OR ANY THIRD PARTY FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES.Limitation of Claims.
Unless statute mandates a lesser period, any action on any claim against Rantec must be filed by the user within one (1) year following the date the claim first accrued or it shall be deemed waived.Copyright Agent.
Rantec will, in appropriate circumstances, remove from the Web site information that might infringe the intellectual property rights of others. If you believe your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Web site or on sites to which the Web site link, you must provide our Copyright Agent with notice, including substantially the following:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
A description of the copyrighted work or works that you claim have been infringed and an identification of what material in such work(s) is claimed to be infringing and which you request to be removed from the Web site. If multiple copyrighted works are covered by a single notification, a representative list of such works must be provided;
Identification of the location on the Web site of the allegedly infringing material(s) reasonably sufficient to permit Rantec to locate the material(s);
Information reasonably sufficient to permit us to contact you, including your physical address, telephone number, fax number and, if available, your direct email address:
A statement by you that you have a good faith belief that the use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of copyright infringement should be mailed to Rantec's Copyright Agent at the following address:By mail:
Frank J. Janku/Copyright Agent
c/o Rantec Power Systems, Inc.
1173 Los Olivos Avenue
Los Osos, CA 93402
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THE WEB SITE OR ON SITES LINKED TO FROM THE WEB SITE. ALL OTHER INQUIRIES DIRECTED TO THE COPYRIGHT AGENT WILL NOT RECEIVE A RESPONSE.Additional Disclosures and Information.
Excluding any services provided to you by Rantec under a separate written agreement, this Agreement constitutes the entire agreement between you and Rantec regarding the use of Services appearing on the Web site and supersedes any and all previous and contemporaneous oral and written agreements between you and
Rantec regarding your use of the Web site and/or the Services.
The Web site (excluding linked sites) is controlled by Rantec from its offices within the State of California, U.S.A. By accessing the Web site, you and Rantec agree that all matters relating to your access to, or use of, the Web site shall be governed by the statutes and laws of the State of California, without regard to conflicts of laws principles. You and Rantec also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Luis Obispo County and the United States District Court for the Central District of California with respect to such matters. Rantec makes no representation that the Services (and the content and information included therein) are appropriate for use in other locations. Those who choose to access the Services from locations outside California shall be responsible for compliance with local laws, if and to the maximum extent local laws may be applicable. Notwithstanding the foregoing, you agree that Rantec shall still be allowed to apply for injunctive relief (or an equivalent type of urgent legal relief) in any jurisdiction.
Rantec is compliant with International Traffic in Arms Regulations ("ITAR") and all U.S. laws and regulations regarding the manufacture, sale, and export of significant military equipment. The Web site contains no technical data and provides only information that is readily available in the public domain.
Material from this Web site may be further subject to United States export controls. You may not export or re-export, directly or indirectly, the Services or any copy or adaptation in violation of any applicable laws or regulations. You agree to comply with all local, state, federal, national or international laws, statutes, ordinances and regulations that apply to your download or use of the Services, including as they relate to export, re-export transfer or download into (or to a national or resident of) any person or entity listed on the U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or on any U.S. Treasury Department Designated Nationals exclusion list, or to parties directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 C.F.R. 744). By accepting this Agreement, you hereby certify that you are not located in (or a national resident of) any country under U.S. economic embargo, not identified on any U.S. Department of Commerce Denied Persons List, Entity List or Treasury Department Designated Nationals exclusion list, and not directly or indirectly involved in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations.
If, for any reason, a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of Rantec as reflected by that provision, and the remainder of this Agreement shall continue in ful force and effect. Any failure by Rantec to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision. The headings used in this Agreement are inserted only for convenience and ease of reference and are not to be considered in the construction or interpretation of any provision of this Agreement.
For additional information about the Web site or the Services, please contact us using the e-mail link available on the "Contact" page of the Web site.
Effective Date: May 14, 2012