1.1 This Website Service (the ?Service?) is provided by All Compressor Parts and its affiliated business units (?All Compressor Parts?) and is to be used for information purposes only. The following agreement governs your use of the Service, including any interactive areas (the ?Interactive Areas?). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement (the ?Agreement?), govern tour use of those areas.
1.2 All Compressor Parts reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by All Compressor Parts as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the service.
2. Use of Content ? Copyright, etc.
2.1 You acknowledge that the Service contains information, software, photographs, links and other material (collectively, the ?Content?) that are protected by copyright, trademark or other proprietary rights of All Compressor Parts or third parties. All content on the Service is copyrighted as a collective work of All Compressor Parts pursuant to applicable copyright law. You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, non-commercial use.
2.2 You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in this Agreement. Content consisting of downloadable software may not be reverse engineered unless specifically authorised by the owner of the software?s patent and/or copyright. You may post on the Service only Content owned by you, or for which you have received express permission from the owner, or Content in the public domain. You assume all risk and responsibility for determining whether any Content is in the public domain.
2.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of All Compressor Parts or the owners of such Content or their authorised persons, if other than All Compressor Parts.
2.4 All Compressor Parts does not want you to, and you should not, send any confidential or proprietary information to All Compressor Parts via the Service. You agree that any information or materials that you or individuals acting on your behalf provide to All Compressor Parts will not be considered confidential or proprietary. By providing any such information or materials to All Compressor Parts, you grant All Compressor Parts an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that All Compressor Parts is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to All Compressor Parts.
3. Rules of Conduct
You shall not post on the Service any Content which (a) is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to purchase products or services competitive with products or services sold by All Compressor Parts.
4. No Endorsement ? Link Sites
4.1 All Compressor Parts does not represent or endorse the accuracy or reliability of any Content posted on any Interactive Area and you acknowledge that any reliance upon such Content shall be at your sole risk. Any Content placed on any Interactive Area by users are the views of the user posting the statement, and do not represent the views of All Compressor Parts.
4.2 The Service may contain links to sites on the Internet which are owned and operated by third parties (the ?Link Sites?). You acknowledge that All Compressor Parts is not responsible for the availability of, or the content located on or through, any Link Site. You should contact the site administrator or Webmaster for those Link Sites if you have any concerns regarding such links or the content located on such Link Sites.
You agree to indemnify, defend and hold All Compressor Parts and its affiliated business units, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the ?All Compressor Parts Parties?) harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys? fees) incurred by any All Compressor Parts Party in connection with any use or alleged use of the Service under your password by that person, whether or not authorised by you. All Compressor Parts reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with All Compressor Parts? defence of such claim.
6. Modification or Termination of Service
All Compressor Parts reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the Interactive Areas, at any time for any reason without prior notice or liability. All Compressor Parts may change, modify, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the Interactive Areas), without prior notice or liability.
7. Disclaimer of Warranties; Limitation of Liability
7.1 NEITHER ALL COMPRESSOR PARTS NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES ALL COMPRESSOR PARTS, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN ?AS IS, AS AVAILABLE? BASIS. NONE OF ALL COMPRESSOR PARTS , THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, OR ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER ALL COMPRESSOR PARTS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. ALL COMPRESSOR PARTS ASSUMES NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM AS A RESULT OF USE OF THE SERVICE OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
7.2 CERTAIN ALL COMPRESSOR PARTS BUSINESS UNITS AND THEIR INTERNET LINKS OFFER KNOWN FORMULAS AND CONFIGURATIONS OR THE LIKE (SOMETIMES CALLED ?TOOLS?) AS PART OF THE SERVICE ON THEIR WEBSITES TO PROVIDE USERS THE CONVENIENCE OF REACHING A PRELIMINARY DETERMINATION ON THE SIZE, SHAPE OR FUNCTION OF A PRODUCT OR SERVICE WHICH IS OFFERED. THE ACCURACY OF THE RESULTS OF USING A TOOL IS DEPENDANT ON THE CORRECT INPUT OF DATA AND VALUES BY THE USER. ALL COMPRESSOR PARTS CANNOT BE HELD RESPONSIBLE FOR ANY DETERMINATION AS TO THE APPROPRIATENESS OF ANY PRODUCT OR SERVICE FOR ANY PARTICULAR APPLICATION AND THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY SUCH DETERMINATION. NEITHER ALL COMPRESSOR PARTS NOR ANY THIRD PARTY PROVIDER OR AGENT ASSUMES ANY LIABILITY FOR ANY PRODUCT APPLICATION OR SERVICE BASED ON THE USE OF A TOOL.
7.3 NEITHER ALL COMPRESSOR PARTS, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ALL COMPRESSOR PARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.4 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ALL COMPRESSOR PARTS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
8. International Users
This Service is controlled, operated and administered by All Compressor Parts from its offices within Australia. All Compressor Parts makes no representation that the Content on this Service is appropriate or available for use at other locations outside of Australia and access to it from territories where the Content is illegal, is prohibited. You may not use the Service or export the Content in violation of Australian export laws and regulations. If you access this Service from a location outside of Australia, you are responsible for compliance with all local laws.
This Agreement constitutes the entire agreement between All Compressor Parts and you with respect to your use of the Service. Any claim or cause of action you may have with respect to your use of the Service 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.
This Agreement shall be construed in accordance with the laws of the State of Victoria, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Australia. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. Sections 2, 5, 7, 8, 9 and 10 shall survive any termination of this Agreement as well as any other provisions which by their terms or sense are intended to survive.