| Terms of Use
DKRW Wind LLC (“DKRW Wind”) is pleased to give you access to DKRW Wind website, www.dkrwwind.com, free of charge. Your use of this site (the “Site”) is subject to the binding legal agreement, the terms of which are set forth below (the “Terms”). You understand that we may update these Terms from time to time without giving you any notice. Unless we let you know by giving you notice, any new features or updated content that we put on the Site will be subject to these Terms.
BY USING THE SITE, YOU AGREE TO EACH OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE WITH ANY TERM OR CONDITION SET FORTH BELOW, DO NOT USE THE SITE FOR ANY PURPOSE.
How You Can Use the Site This Site has been prepared primarily for the purpose of providing information about us. This Site has been compiled and is maintained by us, but we make no representation as to the completeness or accuracy of the information it contains. You may use the Site for your personal, non-commercial use. You may make a single copy of the individual screens you see when you use the Site, but only for your personal, non-commercial use, and not for further distribution or transfer to others. You may not (and agree not to) modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or content obtained from the Site, except as set forth in these Terms.
No License Granted This Site is owed by DKRW Wind LLC and/or its licensees and protected by applicable law, with all rights reserved. Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of DKRW Wind. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SITE OR ANY OTHER DKRW WIND's PROPERTY EXCEPT AS INDICATED IN THIS AGREEMENT.
Trademarks “DKRW Wind” and the DKRW logo are trademarks of DKRW Wind LLC. Other trademarks are the property of their respective owners.
Protecting Children DKRW Wind intends for the Site to be a general audience Site that complies with the Children’s Online Privacy Protection Act. When a child under age 13 attempts to fill out our contact form, we ask that they have a parent or guardian do so. This is to ensure that the parent or guardian consents to the collection and use of personally identifying information from that child. If a parent wishes to refuse to permit further collection or use of their child’s information by DKRW Wind, that parent can use our contact form to request deletion of their child’s information.
Third-Party Websites The Site may contain links to other websites, which links may appear to embed the content hosted by those other sites into the interface of this Site. Your use of such other websites is subject to the terms of use, if any, governing the use of such websites. DKRW Wind is not able to control these third-party sites, and assumes no responsibility for their content, privacy policies or practices. If there is any conflict between the Terms and any terms or notices set forth on any other website, then the terms of such other website will control your use of that website. Please review the terms of use for each website so that you understand all of the terms that will apply. By using the Site, you expressly release DKRW Wind from any and all liability arising from your use of any third-party website.
Privacy Policy Any information that we may collect from you during your use of the Site is subject to our Privacy Policy.
Indemnity YOU AGREE TO INDEMNIFY AND HOLD DKRW WIND AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF ANY KIND (INCLUDING ATTORNEYS’ FEES) THAT THEY MAY INCUR IN CONNECTION WITH A THIRD-PARTY CLAIM OR OTHERWISE THAT ARISES IN RELATION TO YOUR USE OF OR ACCESS TO THE SITE, OR YOUR VIOLATION OF EITHER THESE TERMS OR THE RIGHTS OF ANY THIRD PARTY.
Disclaimer of Warranties YOU UNDERSTAND THAT YOUR USE OF THE SITE (INCLUDING ANY DOWNLOAD FROM THE SITE AND ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM THAT YOU EXPERIENCE FROM USING THE SITE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE, ARE PROVIDED ON AN “AS IS,” “WHERE-IS” AND “WHERE AVAILABLE” BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT DKRW WIND MAKES NO WARRANTY THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. YOU UNDERSTAND THAT DKRW WIND DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
TO THE FULLEST EXTENT PERMITTED BY LAW, DKRW WIND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD-PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE.
Liability Disclaimer TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DKRW WIND OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SITE, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THE SITE, EVEN IF DKRW WIND HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.
Miscellaneous These Terms are the entire agreement between you and DKRW WInd relating to the use of or access to the Site. They supersede any and all prior or contemporaneous agreements between you and DKRW Wind relating to your use of or access to the Site. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Texas, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by DKRW Wind for any violation of DKRW Wind's proprietary or other rights, any and all disputes relating to these Terms, your use of the Site be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the “AAA”) before an independent arbitrator designated by the AAA. The location of arbitration shall be Houston, Texas, USA. You can direct any questions concerning these Terms by using our contact form. |
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