The Terms and Conditions stated herein constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Calspan Corporation and any of its affiliates or subsidiaries (“we,” “us” or “our”), concerning your access to and use of our website, including any websites owned, operated or sponsored by any of our subsidiaries or affiliates (“Site”).
You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you should immediately discontinue use and access of our Site.
You should review these terms and conditions regularly as we reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason and without prior notice of any such change.
All parties to these terms and conditions waive their respective rights to a trial by jury.
1. Disclaimer of Warranties and Liability
Our Site is provided for information purposes only and for no other specific purpose or benefit.
OUR SITE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSABLE BY LAW, UNDER NO CIRCUMSTANCES SHALL CALSPAN CORPORATION OR ITS SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM YOUR USE OF THE SITE OR ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
2. Third Party Web Sites
We may provide hyperlinks or pointers to third party web sites or may provide third party content on our Site. The links to third party web sites are provided for your convenience and information only. We do not represent or warrant that the contents of any linked web site or other third party web site is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. We do not endorse, authorize or sponsor a linked web site or third party web site. If you decide to access any of the third party sites linked to our Site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
3. Confidentiality
All information submitted or provided to us through the Site, shall be deemed to be non-confidential and non-proprietary, and we are free to copy, reproduce, use, disclose, distribute and commercially exploit such information in any manner, without limitation or attribution.
4. Intellectual Property
We own, control, or license all right, title and interest in and to the Site and all content featured or displayed on the Site, including, but not limited to, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site, as well as any copyrights, trademark, service marks, patents and other intellectual property and proprietary rights therein ("Content").
Your use of the Web site does not grant to you ownership of, or a license to, any Content, compilation or intellectual property you may access on the Site. You may not copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, or transfer or sell any Content or any portion or element of the Site for any commercial purpose whatsoever, without our express written permission. You may not remove any copyright, trademark or other proprietary notices from any Content or any portion or element of the site.
You are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5. Local Laws
The information provided on the Site is not intended for use by any person or entity in any jurisdiction or country where such use would be contrary to law or which would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Site from any locations you do so on your own initiative and at your own risk. You are responsible to ensure compliance with local laws, if and to the extent local laws are applicable.
6. Indemnification
You agree to indemnify, defend and hold harmless Calspan, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
7. Termination
We reserve the right, in our sole and exclusive discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time and for any reason, including, but not limited to, restricting, suspending or terminating your access to the Site and/or its services with or without cause.
8. Governing Law
You agree that your use or access of the Site and these Terms and Conditions shall be governed by and interpreted in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree that any dispute or claim that may arise as a result of your use or access of the Site shall be commenced and be heard in the appropriate court in the State of New York, County of Erie. You agree to submit to the personal and exclusive jurisdiction of the courts located within Erie County in the State of New York.
9. Miscellaneous
These Terms and Conditions and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be unlawful, void, or unenforceable, then that provision or part of the provision is deemed severable from these Terms and Conditions and the other provisions of the Terms and Conditions shall remain valid and in full force and effect.
