Terms and Conditions of Use
Please Read These Terms Carefully Before Using This Site.
This Web site is provided by Sterling Messenger Services (SMS) and may be used for informational purposes only. By using the site or downloading materials from the site, you agree to abide by the terms and conditions set forth in this notice. If you do not agree to abide by these terms and conditions do not use the site or download materials from the site.
Subject to the terms and conditions set forth in this Agreement, Sterling Messenger Services grants you a non-exclusive, non-transferable, limited right to access, use and display this site and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of the site in any way. Sterling Messenger Services authorizes you to view and download the information ("Materials") at this Web site ("Site") only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials and copies of the Materials and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these terms and conditions of use. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. This Site, including all Materials, is copyrighted and protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, SMS does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.
Use of the Site
A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:
- Logging into or attempting to log into a server or account that you are not authorized to access;
- Accessing data or taking any action to obtain services not intended for you or your use;
- Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
- Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
- Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the Site or Services;
- Interfering with, intercepting or expropriating any system, data or information; or
- Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.
B. "Spam" and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).
C. Infringement. You are prohibited from using the Site or Services to infringe on any person's copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.
D. Other Prohibited Actions. In using the Site or Services, you must not:
- Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person's privacy or other rights, or any material that SMS in its sole discretion does not wish posted or transmitted on the Site and Services;
- Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
- Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;
- Engage in conduct which could damage or impair the intended operability of the Site or the Services.
- Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;
- Engage in deceptive online marketing; or
- Assist or permit any persons in engaging in any of the activities described above.
Information and Uses
When someone visits the Site, our web servers automatically gather information that allows the site to communicate with the visitor's computer during the visit. We also track such information as the number of visits to the site, which parts of the site visitors select, IP address (the Internet address assigned to your computer from your Internet Service Provider), domain type, browser type (e.g., Netscape or Internet Explorer), date and time of day. We use those types of information for statistical purposes that help us design and administer the Site. Those types of information do not disclose Personal Information that would permit us to identify or locate individual visitors.
Privacy concerns focus on Personal Information, that is, information that could identify a specific individual such as names, addresses, e-mail addresses, and telephone numbers. If during your visit you personalize the Site, complete an order form, enter a contest, or submit other information to us, you may provide us with Personal Information. We may collect and use that Personal Information to provide you with products or services, to bill you for products and services you request, to market products and services which we think may be of interest to you, or to communicate with you for other purposes.
We do not distribute or sell Personal Information to third parties for the purpose of allowing them to market their products and services to you; moreover we will make a reasonable effort to remove your Personal Information from our database in such a way that you will not receive future communications from us. If you notify us that Personal Information previously submitted to our site is no longer accurate, we will make a reasonable effort to make appropriate corrections. To facilitate our efforts, it would be helpful if you could let us know the context in which you provided Personal Information, e.g in connection with promotion of a specific product or service.
SMS does not seek any sensitive information from visitors to our Site, unless legally required to do so, for example, in connection with recruiting or hiring. Sensitive information includes a number of types of data relating to: race or ethnic origin, political opinions, religious or other similar beliefs, trade union membership, physical or mental health, sexual life or criminal record. We suggest that you do not provide sensitive information of this nature. However, if you do provide such information,SMS accepts your explicit consent to use that data in the ways described in this Privacy Statement or in the ways described at the point where such information is disclosed.
Special Additional Terms and Conditions
You are advised to check each page you visit on the Site. Some locations may have special additional terms and conditions that apply to use of or interaction with that location. These terms and conditions may also be changed at any time without notice. Your use of that location constitutes your acceptance of those special additional terms and conditions.
Copyright and Trademark Protection
Please enjoy viewing our website (or websites), and thank you for respecting copyright.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. PLANETENERGY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, MEMOLegal NoticesRANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PLANETENERGY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. PLANETENERGY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, SMS may provide, on this Site, links to Web sites operated by other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. SMS makes no warranty or representation regarding, and does not endorse, any linked Web sites or the information appearing thereon or any of the products or services described thereon. Links do not imply that SMS or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of SMS or any of its affiliates or subsidiaries.
External Links to the Site
We welcome links from a third party site to the home page. All links to the Site must be approved in writing by SMS, in which: (i) the link is a text-only link containing only the name "Planetenergy " or "Terawatt" ; (ii) the link "points" only to www.planetenergy.com or www terawatt.com and not to deeper pages;(iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by SMS nor be such as to damage or dilute the goodwill, reputation, or intellectual property rights associated with the name and trademarks of SMS or its Affiliates. You do not present SMS in a false light, or provide misleading or false information about us. Linking to any page of the Site other than to the homepage is strictly prohibited in the absence of a separate linking agreement with SMS.
SMS reserves the right to revoke this consent to link at any time in its sole discretion.
SMS is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties. Except as otherwise provided on this Web site, SMS will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on its Web site. Such information should, therefore, be considered as suspect and is not endorsed by SMS.
You may not use any of The Company's trade names, trademarks or any of the textual content of our website as metatags in your own website, unless we have granted you a license explicitly permitting you to do so.
SUBMISSIONS TO THE SITE
This Site and the Site Materials contained therein contain SMS intellectual property, and possibly, third party intellectual property. The Site and the Site Materials and are protected by United States and international copyright laws. Other laws and treaties may apply as well. User shall comply with all applicable laws and treaties.
Except as otherwise provided in this Agreement, SMS grants no express or implied license or right to User under any patent, trademark, copyright, trade secret, or other intellectual property right of SMS or of any third party.
â€œPlanetenergyâ€ and â€œTerawattâ€ are trademarks of Sterling Messenger Services. Any trademarks, trade names, service marks, logos, domain names, URLs and other intellectual property displayed in the Site or provided in any Site Material are the respective property of SMS or third parties, and SMS grants no right to User to use any such intellectual property.
Information Provided By You
Limitations of Damages
IN NO EVENT SHALL PLANETENERGY OR ANY OF ITS SUBSIDIARIES BE LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SSMSCIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF PLANETENERGY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PLANETENERGY reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in whole or in part, at any time. Changes in this Agreement will be effective when notice of such change is posted. Your continued use of the Site after any changes to this Agreement are posted will be considered acceptance of those changes. PLANETENERGY may terminate, change, suspend or discontinue any aspect of the PLANETENERGY Site, including the availability of any features of the Site, at any time. PLANETENERGY may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability. PLANETENERGY may terminate the authorization, rights and license given above and, upon such termination, you shall immediately destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by PLANETENERGY from its offices within the United States of America. PLANETENERGY makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Materials in violation of U. S. export laws and regulations. If you access this Site from a locations outside of the United States, you are responsible for compliance with all local laws. These Terms and Conditions of use shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions.This Agreement constitutes the entire agreement between PLANETENERGY and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
Rights of Sterling Messenger Services
In the event that User breaches any of the terms and conditions contained in this Agreement, Sterling Messenger Services may, without foregoing any other available rights or remedies, terminate Userâ€™s current and future use of the Site and the Site Materials. SMSâ€™s remedies are cumulative and in addition to all remedies otherwise legally available. SMS may exercise its remedies either individually or cumulatively. SMSâ€™s remedies shall include, but not be limited to, direct, indirect, special, punitive, incidental and consequential damages, including, without limitation, any lost profits or revenues, business interruption, costs of replacement goods, and loss or damage of information or data, software or hardware. SMS â€™s selection of any particular remedy, or its forbearance in exercising any remedy available to it, shall not constitute an election or waiver of any other remedy.
This Agreement constitutes the entire and exclusive understanding and agreement between Sterling Messenger Services and User.
This Agreement shall be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of User.
SMS"s failure to either enforce at any time any provision contained in this Agreement or to exercise any right, privilege, or legal remedy, shall not be deemed a waiver of such provisions or right, remedy, or privilege