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PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
Nose
Cone Mfg. Co., d/b/a FitzGerald Corporation ("Nose Cone") maintains
this web site and other Nose Cone web sites that are linked to this site
(collectively "the Site") and all the information, communications,
software, scripting, photos, text, video, graphics, music, sounds, images
and other materials and services found on the Site (collectively "Content"),
for the use of its customers, employees and members of the general public
but only for the lawful purposes described below.
ACCEPTANCE
OF CONTRACT TERMS; JURISDICTION
In
exchange for accessing, browsing and/or using the Site, you agree to be
bound by these terms and to comply with all applicable laws and regulations,
including without limitation U.S. export and re-export control laws and
regulations. You represent you have the legal authority to accept these
Web Site Terms of Use on behalf of yourself or any party you represent.
If any term, clause or provision of these Web Site Terms of Use is held
to be illegal or unenforceable, the validity or enforceability of the
remaining provisions of the Web Site Terms of Use shall not be affected
and shall, in such case, be construed in all respects as if such invalid
provision had been omitted.
If you do not agree to these terms, please do not use the Site.
The
Site is controlled and operated in whole or in part by Nose Cone from
its offices within the United States. BY ACCESSING THE SITE YOU AGREE
THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA,
U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO
ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION
SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OF CALIFORNIA,
U.S.A. Those who access the Site from other locations do so at their own
risk and are responsible for compliance with applicable local laws. Nose
Cone makes no representation that the Content in the Site is appropriate
or available for use in other locations, and access to it from territories
where the Content is illegal is prohibited. You acknowledge that Nose
Cone reserves the right in its sole discretion to refuse or terminate
access to the Site by you at any time.
RESTRICTIONS
ON USE OF CONTENT
©
Copyright 2002 Nose Cone Mfg. Company. All Rights Reserved. You acknowledge,
having been advised by Nose Cone, that the Content is protected in the
U.S. and internationally by a variety of laws, including but not limited
to, copyright laws and treaty provisions, trademark laws and other proprietary
rights laws (collectively "Rights"). In addition to Nose Cone's
Rights in individual elements of the Content, Nose Cone or its licensors
own a copyright in the selection, coordination and arrangement of the
Content. You are hereby granted permission to access the Content from
the Site in whole or in part, (and, except where otherwise specified or
provided by Nose Cone, print a single copy of the information) but only
for purposes of viewing and browsing through the Site or ordering products
or services from the Site. This permission terminates automatically if
you breach any of the Web Site Terms of Use. Nose Cone is not granting
you any permission to use the Content other than the permission expressly
stated in these Web Site Terms of Use. All other use of Content from the
Site, including, but not limited to modification, publication, transmission,
participation in the transfer or sale of, reproduction, creation of derivative
works from, distribution, performance, display, incorporation into another
web site, reproducing the Site (whether by linking, framing or any other
method), or in any other way exploiting any of the Content, in whole or
in part, or downloading and using software repeatedly for uses other than
those expressly permitted may not be made without Nose Cone's prior express
written consent.
SUBMISSIONS
OF INFORMATION
Nose
Cone does not guarantee the security of any information transmitted to
or from the Site. You agree to assume the security risk for any information
you provide using the Site.
Other
than the financial information, do not send any confidential or proprietary
information to Nose Cone through the Site. Except for the financial information
or personally identifiable information relative to you, any information
you do send to Nose Cone through the Site will be deemed NOT to be confidential
("non-confidential information"). For any non-confidential information
you do send, you hereby grant Nose Cone an unrestricted, royalty-free,
irrevocable license to use, reproduce, display, perform, modify, transmit
and distribute the non-confidential information, and agree that Nose Cone
is free to use any ideas, concepts, know-how or techniques that you send
Nose Cone for any purpose. You are prohibited from posting or transmitting
to or from the Site any unlawful, threatening, libelous, defamatory, obscene,
scandalous, inflammatory, pornographic, or profane material, or any other
material that could give rise to any civil or criminal liability under
the law.
REVISIONS
Nose
Cone may revise or withdraw the Content, in whole or in part, at any time
without notice. Nose Cone may at any time revise these Web Site Terms
of Use by updating this posting. By using the Site, you agree to be bound
by any such revisions and you agree to periodically visit this page to
determine the then current Web Site Terms of Use to which you are bound.
LINKS
TO THIRD PARTY WEB SITES
Nose
Cone makes no representations whatsoever about any other web site which
you may access through the Site. When you access a non-Nose Cone web site,
please understand that it is independent from Nose Cone, and that Nose
Cone has no control over the content on that web site. In addition, a
link to a non-Nose Cone web site does not mean that Nose Cone endorses
or accepts any responsibility for the content, or the use, of such web
site. It is up to you to take precautions to ensure that whatever you
select for your use is free of such items as viruses, worms, trojan horses
and other items of a destructive nature. Nose Cone makes no representation
or warranty as to any third party products.
DISCLAIMER
OF WARRANTY
NOSE
CONE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY,
ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE
RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR
FROM THE SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
POSSIBLE PURSUANT TO APPLICABLE LAW, NOSE CONE DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS
MAY NOT APPLY.
LIMITATION
OF LIABILITY
NOSE
CONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR
RELATING TO THE USE OR THE INABILITY TO USE THE SITE, ITS CONTENT OR LINKS,
INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
TRADEMARKS
AND SERVICE MARKS
Nose
Cone, and FitzGerald Corporation, are owned by Nose Cone Mfg. Co., or
their respective owners, and registered with the U.S. Patent and Trademark
Office. Other trademarks, such as product and service names, found on
Nose Cone web sites are owned by Nose Cone or by third parties. No Nose
Cone trademark or service mark may be used as a hyperlink without prior
written permission. Your use of Nose Cone's trademarks in advertising
and the promotion of Nose Cone's products and services requires written
authorization from Nose Cone and an accompanying statement that the trademarks
belong to Nose Cone.
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