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Legal Notice

Terms of Use and User Agreement

Use of this Web Site constitutes unconditional
acceptance of the following terms and conditions:

By visiting, accessing or otherwise using this Web Site in any way, you acknowledge that you have read, understood and agree unconditionally to be bound by the following User Agreement and Terms of Use and comply with all provisions set forth herein as well as all applicable laws and regulations including all laws of the United States of America and export and re-export control laws and regulations.

The terms and conditions of this User Agreement and Terms of Use establish a binding legal contract between you and Aeragon.

Please read the following terms and conditions carefully.

By accessing or using Aeragon's Sites you agree to all of the following terms and conditions. These terms and conditions may change at any time and without notice at Aeragon's sole discretion. Therefore, you should review these policies regularly to be aware of the terms to which you are bound.

If you disagree with any term or condition you must not use or access Aeragon's Sites in any manner. In addition, you must immediately destroy any material downloaded or derived from this Site. In the event that you disagree with any subsequent terms and conditions, any previously downloaded material must be destroyed immediately.

The following terms and conditions apply to all of Aeragon’s Web Sites including any Web Sites owned, operated or sponsored by any subsidiary or affiliate.

Changes are Binding

This User Agreement and Terms of Use may be revised at any time by updating this posting. By using this Site, you agree to be bound by any such revisions. Therefore, you should periodically visit this page to determine the current User Agreement and Terms of Use to which you are bound. Certain provisions of this User Agreement and Terms of Use may be superseded by other legal notices located on and only applicable to those particular other portions of this Web Site. In the absence of such notice the User Agreement and Terms of Use on this page constitute the terms to which you are bound.

Definitions:
  • "Content" refers to any materials, documents, images, graphics, logos, designs, audio, video and any other information provided from or on Aeragon Web Sites.
  • "Proprietary Material" or intellectual property refers to any material that may be protected by copyright, patent, trademark service mark, logos, trade dress, pseudonyms, privacy and publicity rights and the like.

Proprietary Material

Copyright Notice

© Copyright 1998 Æ™Aeragon®; all rights reserved.
© Copyright 1999 Æ™Aeragon®; all rights reserved.
© Copyright 2000 Æ™Aeragon®; all rights reserved.
© Copyright 2001 Æ™Aeragon®; all rights reserved.
© Copyright 2002 Æ™Aeragon®; all rights reserved.
© Copyright 2003 Æ™Aeragon®; all rights reserved.
© Copyright 2004 Æ™Aeragon®; all rights reserved.
© Copyright 2005 Æ™Aeragon®; all rights reserved.
© Copyright 2006 Æ™Aeragon®; all rights reserved.
© Copyright 2007 Æ™Aeragon®; all rights reserved.
© Copyright 2008 Æ™Aeragon®; all rights reserved.

© Copyright 2012 Æ™Aeragon®; all rights reserved.

The copyright in all material provided on this Site is held by Aeragon or by the original creator of the material in most cases. Most of the content of this Site is the intellectual property of or licensed to Aeragon and is protected under Title 17 U. S. C. as well as international law and treaty under the Berne Convention for the Protection of Literary and Artistic Works with all rights reserved. In some cases, content might be intellectual property licensed from or used under the terms of other third parties and nothing in these terms and conditions shall encumber the intellectual property or any other rights of those parties.

Material protected by copyright on this Site is protected by United States and worldwide copyright law and treaty and is registered with the United States Library of Congress. You unconditionally agree to comply with all worldwide copyright laws in your use of this Site and to prevent any unauthorized copying or use of the Materials as specified in this User Agreement and Terms of Use. The availability of or the use of this Site in no way grants permission to anyone to use any material or part of this Web Site in any way either through implication, estoppel or otherwise. In fact, it is expressly forbidden by criminal and civil statutes to use materials that are protected by copyright without written permission and violations may result in severe criminal or civil liability and prosecution. Nothing on this Site grants, by implication, estoppel or otherwise any license or right to use any of the Site’s content without Aeragon's specific case-by-case written permission.

Restrictions on use of materials from this Site apply to all branches of all government bodies except the United States Department of Defense and associated bodies including the United States Army, United States Air Force, United States Navy, United States Marine Corps and the United States Coast Guard. Those agencies specifically named herein may freely reuse information from this Site for internal purposes, but a citation of sources should be included. For publication or wider distribution, permission should be obtained according to the policies for non-DOD entities. It is not necessary for personnel of the US armed forces to obtain written permission to cite and quote information from this Site for educational course work because permission is hereby granted for that purpose. The same permissions apply to primary, secondary and college students in respect to course work.

Use of this Site or its content apart from those uses specifically allowed in these Terms of Use and User Agreement, or the use in any official government capacity, requires advance written permission of Aeragon. Exactly one second before the death of the author or copyright claimant of record as maintained by the US Copyright Office in the Library of Congress, all material created by the author, which comprises most of the content of this Site, excepting certain quoted material, becomes part of the public domain. Before that event and in the absence of written permission for any use not granted herein, for each file downloaded you agree to compensate Aeragon in the amount of the maximum damages allowed by law, either statutory as provided by Title 17 of the United States Code § 504 (c) 2, or actual damages pursuant to Title 17 of the United States Code § 504 (b), whichever application results in greater damages irrespective of any considerations of compilation.

Please note related conditions of use in the Restrictions section of this document.

Copyright Infringement

Aeragon respects the intellectual property rights of others and has been diligent to ensure that any material included on this Site is properly credited and that the proprietary restrictions in any work are clear for publication. Should there be any material used on this Site that you feel is not being used properly please contact Aeragon at the following link that only appears by virtue of a JavaScript:

Aeragon does not accept advertising.

Trademarks

Aeragon® is a registered trademark protected by United States and worldwide trademark laws and treaties. The trademarks, trade names, service marks, trade dress and logos used and displayed on this Site are proprietary and protected by US and international trademark law and treaty.

Use of this Site in no way grants permission to anyone to use any trademark or service mark in any way. Nothing on this Site grants by implication, estoppel or otherwise any license or right to use any trademark or service mark without Aeragon's written permission.

The name Aeragon or its logos, marks and trade dress may not be used in any way, including but not limited to advertising, broadcasting, information storage and retrieval, publishing or publicity pertaining to distribution of materials on our Web Site without prior written permission. Aeragon's logos cannot be used as hyperlinks to our Web Site unless you obtain written permission in advance. We aggressively enforce our intellectual property rights.

Restrictions

No content of this Site may be copied, reproduced, republished, modified, uploaded, posted, transmitted, distributed, displayed, performed, adapted, licensed, translated, de-compiled, disassembled, reverse engineered, nor may derivative works be created from or any information be derived or sold from any portion of this Site without Aeragon's written permission. Furthermore, this material cannot be "mirrored" on another server without written permission from Aeragon.

By accessing or using this Site comprised of privately owned proprietary materials for any non-personal use, or by using this Site or any materials therefrom outside the terms of this User Agreement, you agree that each and every instance of unauthorized use will be compensated at the rate of the maximum damages allowed by law regardless of any other considerations. This portion of the agreement applies to each and every file downloaded irrespective of any considerations of compilation even if the whole body of files downloaded only comprises one HTML page.

This Site is owned and operated by Aeragon from offices located within the United States of America. Most of the content of this Site is proprietary and protected by U.S. and international copyright, trademark, patent laws and treaty provisions. Furthermore, this Site is protected by the laws of privacy and publicity as well as communications regulations and statutes.

  • Use of this Site is limited in that you may only download one copy of the content on a single computer for personal, informational and non-commercial use, provided that all copyright and other proprietary notices are kept intact. Aeragon's Site content cannot be copied or posted on any network computer, broadcast or printed in any media or copied by any other means without Aeragon's written permission.
  • None of the content of this Site can be copied, reproduced, republished, modified, uploaded, posted, stored, transmitted, or distributed in any way nor can derivative works be created from this Site without first obtaining Aeragon's written permission.
  • This Site's content cannot be "mirrored" on another server without written permission from Aeragon.
  • As a condition of your use of this Web Site, you warrant that your use of this Site will not be for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
  • Use of this Site or its content in any official government capacity or in the scope of government employment requires advance written permission of Aeragon and in that absence you agree to compensate Aeragon in the amount of the maximum damages for each file downloaded.
  • Restrictions on use of materials from this Site apply to all branches of all government bodies except the United States Department of Defense and associated bodies including and limited to the United States Army, United States Air Force, United States Navy, United States Marine Corps and the United States Coast Guard. Those agencies specifically named herein may freely reuse information from this Site for internal purposes, but a citation of sources should be included. For publication or wider distribution, permission should be obtained according to the policies for non-DOD entities. It is not necessary for personnel of the US armed forces to obtain written permission to cite and quote information from this Site for educational course work because permission is hereby granted for that purpose.
  • It is not necessary for primary, secondary or college students to obtain written permission to cite and quote information from this Site for educational purposes.
  • Any rights not expressly granted herein are reserved.
The following activities on this Web Site are expressly prohibited:
  • Except for general directory indexing services, otherwise known as Internet search engines, any non-personal or commercial use of any robot, spider, other automatic device or manual process to monitor or copy portions of the Site or its content without prior written permission.
  • Copying or caching portions of the Site for any reason without Aeragon's prior written permission.
  • Collecting or using of any content or product listings, descriptions, or prices from the Site for any commercial purpose.
  • Collecting data for comparison shopping services.
  • Any use where the content is duplicated, copied, republished or derivative works are created from the content without written permission.
  • Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Violation of these restrictions is a violation of one or more laws and is expressly prohibited by law. Violating these restrictions may subject the user to severe civil and criminal penalties. If we grant you waiver of these terms and restrictions, the permission terminates automatically upon any breach of these or other terms or conditions. Upon termination, you must immediately destroy any downloaded materials and discontinue any further use.

Disclaimer

Content is "AS IS"

This Web Site content is provided "AS IS" and without warranties of any kind; by accessing this Site, you do so entirely at your own risk. Aeragon disclaims all warranties, expressed or implied, including, but not limited to, implied warranties, warranties of merchantability and fitness for a particular purpose. Furthermore, by accessing the Aeragon Site, you do so entirely at your own risk. Other policies may apply in other sections of the Aeragon Site. In the absence of notice of other warranty policies, this policy shall apply.

Aeragon shall not be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use or the inability to use the materials on this Site. This Web Site content is provided "AS IS" and without warranties of any kind, either expressed or implied. Aeragon disclaims all warranties of any type, either express or implied, including, but not limited to, implied warranties, merchantability and fitness for a particular purpose. In no event, including but not limited to, negligence, shall Aeragon or its agents and representatives be liable for any damages even if the company or one of its agents has been informed of the possibility of damages and did nothing to prevent it. In no event, including but not limited to, negligence, shall Aeragon or its agents and representatives be liable for any damages in excess of the money paid to use the Site even if the company or one of its agents has been informed of the possibility of damages and did nothing to prevent it. If your use of this Site results in the need for servicing, repair or correction of equipment or data, or any other types of harm or damages even if the damages are caused by negligence, you assume any costs thereof. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages and these terms may not apply to you; if this is the case in your jurisdiction, you must NOT use or access this Site.

Site for Convenience Only

Aeragon provides access to its Web Sites as a convenience only. By merely providing access to Web Site content, Aeragon does not warrant or represent that:

  • the content is up-to-date or current;
  • Aeragon has a duty to update any content;
  • the Site will be available without interruptions;
  • the content is accurate, complete and error free;
  • the content is free from changes caused by a third party;
  • the content is technically accurate or without typographical errors;
  • the Web Site will be free from computer viruses or other harmful components.

Privacy

Aeragon is pleased that you are visiting our Site and does not attempt to identify individual users or their usage habits. Aeragon collects and uses Site traffic information in the form of routine server log files for security, statistical and Site management purposes. Aeragon does not sell, rent or lease this information. Aeragon does not engage in tracking your paths online and does not attempt to identify individual users. Nevertheless, network attacks may cause an authorized investigation in which case Aeragon or investigative agencies may attempt to identify you. Should you communicate any perceived threatening information such as terrorist threats, it is virtually guaranteed that that information including any relevant tracking information will be forwarded to any authorities that might be interested. For normal surfing of the Site, however, the information collected is limited to IP addresses and typical header information. This Site can be viewed about as anonymously as any Web Site anywhere. Aeragon does not deliberately attempt to correlate any server log information to your personal identity except in the case of an authorized investigation.

Authorized investigations

Authorized investigations are caused by events such as breeches of system security (hacking) or violations of the User Agreement and Terms of Service. In the event of an authorized investigation, Aeragon may attempt to identify perpetrators and work with investigators and law enforcement agencies. Should you communicate any perceived threatening information such as terrorist threats to this Site, it is virtually guaranteed that that information including any relevant tracking information will be forwarded to any authorities that might be interested. Violators of various laws, policies and regulations may be subject to civil and criminal prosecution.

Aeragon does not sell or share information with marketing and advertising companies. No expostfacto modification to this policy shall be applied to data previously collected. In other words, if Aeragon changes this policy, the change will only affect information that will be collected after the posting changes.

Internet Cookies

Aeragon makes limited use of cookies or any types of scripting. For the most part, scripting is only used to protect the privacy of Aeragon itself. If you don’t see any contact information on this Site, chances are you have JavaScript disabled. Most of this Site can be viewed without either scripting or cookies enabled in your browser.

Personal information that you provide to Aeragon may be kept in a customer database, but that data will not be shared with other third parties except where necessary to complete a transaction. For example, credit card information would obviously be made available to banks and credit card companies so that the transaction can be completed. Should this policy change, previously collected data will be maintained in accordance with this policy.

Security

For security purposes, this computer system employs software programs and other means to monitor network traffic and to identify the perpetrators of unauthorized attempts to upload, access or change information on this Site. Unauthorized attempts to upload, access or change information on this Site are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act as well as other applicable statutes. Unauthorized reuse of proprietary materials and other issues are also prohibited and may result in investigation and prosecution. In the event of an investigation, Aeragon may cooperate with law enforcement officials, investigators and prosecution.

You are forbidden to post on or transmit to or from our Web Site any unlawful, threatening, libelous, harassing, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Transmittals are Not Confidential

Aeragon is pleased to welcome you to our Web Site, but Aeragon does not wish to receive confidential or proprietary information from you either through the Internet or by any other means.

If you transmit to or post on our Web Site any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Information posted on a forum or bulletin board is a public posting, regardless whether the information is confidential or personal and therefore is not covered by the privacy policy. Otherwise, personal data provided to us will be handled in accordance with our policies regarding privacy.

You are forbidden to post on or transmit to or from our Web Site any unlawful, threatening, libelous, harassing, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Message Boards

Information posted to forums, message boards, bulletin boards and classified boards or any other content that may be available is willingly posted to a public forum by the user. Message boards and forums may not be available continuously. Aeragon assumes no responsibility for content, availability or privacy on such forums. For example, if a user posts information on a bulletin board, it is obvious that that information is available to the public.

You are forbidden to post on or transmit to or from our Web Site any unlawful, threatening, libelous, harassing, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.

Aeragon, may, at its sole discretion, determine the appropriateness of postings to such forums and may remove contents at will. The availability and access to any forum or similar service is at the sole discretion of Aeragon and may change at any time and without notice.

Credit Cards

For security purposes, Aeragon does not maintain a database of credit card numbers. Credit transactions are handled by a large and reputable financial institution. Otherwise, credit and customer information collected by Aeragon is not shared with third parties.

General Provisions

Local Laws

You must obey all local, national and international laws when accessing this Web Site. Aeragon controls this Web Site from offices located within the United States of America. Aeragon makes no representation that content or materials in the Site are appropriate or available for use in any jurisdiction. Do not access our Web Site content or materials from jurisdictions where such access is illegal or prohibited or from jurisdictions that do not allow the exclusion or limitation of liability for consequential or inconsequential damages. If you choose to access this Site, you do so on your own initiative assuming all risks and are responsible for compliance with all applicable laws. Aeragon, its officers, directors, employees, agents, licensors, suppliers and others are not responsible for any law violations. You may not use or export the materials or merchandise from this Site in violation of U.S. export laws and regulations. You may not use or export the materials in this Site in violation of any other laws and regulations. Any claims relating to our Web Site and its content and materials or any other issue shall be governed by the laws of the State of Indiana within the United States of America without giving effect to any principles of conflicts of laws. You agree to submit to binding arbitration should Aeragon opt for that method of resolving disputes. In the event that Aeragon chooses not to use binding arbitration, you agree that any legal action or proceeding between us for any purpose, and issues concerning this Agreement or the parties' obligations or rights, shall be brought exclusively in a federal or state court, in the County of Vanderburgh, State of Indiana, United States of America, or another jurisdiction of Aeragon’s choosing, such as Vancouver, British Columbia, Canada, or any other jurisdiction at Aeragon’s sole discretion.

Binding Arbitration

Aeragon may opt, at Aeragon’s sole discretion, to resolve any dispute through the means of binding arbitration. By accessing or using this Site in any way or purchasing any products or services you agree to resolve any conflicts through the means of binding arbitration should Aeragon choose to utilize this method of conflict resolution.

By accessing the Site and/or by purchasing any products or services made available through this Site, you agree with Aeragon, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offeror of goods or services on this Site or through any other associated activity, that any claim or dispute under the User Agreement and any claim or dispute that you may have against any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved exclusively and finally by binding arbitration under the code of procedure of arbitration-forum.com (the "code") in effect at the time the claim is filed, should Aeragon or its agents decide to use this method of resolution. The code can be obtained by calling 1-800-753-9448 or you can see it online at:
http://www.arbitration-forum.com/.
Notwithstanding any choice of law provision included in this user agreement, this arbitration agreement is subject to the federal arbitration act (9 U.S.C. §§ 1-16) and the New York convention on the enforcement of arbitration awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the code and if any in-person hearing is required, it shall be held in the State of California in the United States of America or another location choosen at Aeragon’s sole discretion. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Hyperlinks

In the event that Aeragon provides hyperlinks to third party Sites, or that third party Sites provide hyperlinks to Aeragon's Sites, it does not necessarily constitute an endorsement by either party and in no event shall Aeragon be responsible for any content on other Sites. Visit Hyperlinks entirely at your own risk. Aeragon reserves the right to terminate Hyperlinks at any time and without notice.

Indemnification

You agree to indemnify, defend and hold harmless Aeragon, its officers, directors, employees, agents, licensors, suppliers and any other third party or information providers to us, from and against all losses, court actions, expenses, damages and costs including reasonable attorneys' fees, resulting from any violation of these Terms of Use and User Agreement by you.

Third Party Rights

Some of the provisions of this Agreement are for the benefit of Aeragon and its officers, directors, employees, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

Severability

If any provision of this Agreement is deemed unenforceable or invalid, this shall not affect the remainder of this Agreement. Furthermore, these Terms of Use and User Agreement can be amended or replaced at any time with provisions that are valid and enforceable and which achieve, to the greatest extent possible, the original objectives and intent of Aeragon as reflected in the original provisions.

Non-Agency

Nothing contained in herein or any other factor shall be construed as creating any agency, partnership, or other form of joint enterprise between any parties.

Termination

This Agreement may be terminated by either party without notice and at any time for any reason, provided that you may no longer use our Web Site and you must destroy any and all downloaded and derivative materials after you have terminated this Agreement. Nevertheless, all provisions of this Agreement shall survive its termination. The sole remedy of the user is to discontinue using this site and to destroy all downloaded materials and any derivatives.

Performance

Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.

Aeragon does not accept advertising.

Please direct all questions and comments concerning the
Terms of Use and User Agreement to the following link
that only appears by virtue of a JavaScript:

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