Terms and Conditions of Use of W5JGV.COM

Terms and Conditions of Use and Privacy Policy

This page last updated July 20, 2004

GENERAL

This Site is operated by Ralph M. Hartwell II in the United States of America. Ralph M. Hartwell II makes no representation that any of the information or materials available on this web site, or on other sites linked to this web site, are appropriate or available for use in other locations, or accessible from locations where their contents are illegal or prohibited. If you choose to access this Site from other locations you do so of your own initiative and you are solely responsible for compliance with applicable local laws.

Ralph M. Hartwell II may at any time revise the contents of this page. Therefore you should visit this page from time to time to determine the then-current terms governing the use of the site and of the information and materials presented on the site.

RESTRICTIONS ON USE

The content of this site contains copyrighted works of Ralph M. Hartwell II or others. Except for software covered by a separate license agreement, or for materials bearing the copyright notice of a party other than Ralph M. Hartwell II, you are permitted to download, display, distribute and copy materials, solely for personal, noncommercial purposes. You may not modify the materials, and you must retain in any copies the copyright notice and other proprietary notices contained in the materials. You may not copy, modify, republish or distribute other materials without the express written permission of their copyright owner. In some cases, you may receive permission under separate license agreement, in other cases you may need to obtain permission directly from the copyright owner.

RESTRICTIONS ON POSTING MATERIALS

You may not upload, or permit others to upload, material to the Site if that material (i) infringes or violates the rights of others, (II) is, or may be perceived by Ralph M. Hartwell II or other likely recipients as defamatory, deceptive, misleading, abusive, profane, offensive, or inappropriate, (II i) contains any virus or other content that may damage the Site, the network, or any other participants' equipment or software, (iv) unless expressly permitted by Ralph M. Hartwell II, contains any advertising or is otherwise for commercial purposes; or (v) violates any laws, rules, or regulations of any governmental or other administrative organization. No copyrighted material may be placed on the Site by anyone without the permission of the copyright owner, or persons authorized by the copyright owner to grant such permission. You are responsible for obtaining the necessary permission before permitting any copyrighted material that belongs to others to be placed on the site.

GRANT OF LICENSE TO RALPH M. HARTWELL II

If you upload any material to the Site, or authorize others to upload any material to the Site, you hereby grant Ralph M. Hartwell II and his designated licensees a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material, regardless of the medium, technology, or form in which it is used. Subject to this grant of rights, you retain all other rights you have in such material.

SOFTWARE LICENSES

Any software which Ralph M. Hartwell II makes available for downloading via this site may be subject to the terms and conditions of a specific license agreement governing its use, reproduction and distribution. Before being permitted to download such software, you may be required to access a copy of such license, and to acknowledge your familiarity with and acceptance of the terms of such license. To the extent that the terms of a particular license conflict with the terms listed on this page, such license terms shall prevail with respect to such software.

EXPORT CONTROL

You may not download or otherwise export or reexport any information, materials or software except in full compliance with all United States and other applicable laws and regulations. In particular, but without limitation, you may not download or otherwise export or reexport any information, materials or software into any country or to any person embargoed by the U.S. Government. By downloading the information, materials or software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under control of, or a national or resident of any such country or on any such list.

DISCLAIMER OF WARRANTY

INFORMATION OR MATERIALS ON THIS SITE, OR ON ANY SITES LINKED TO THIS SITE, ARE PROVIDED "AS IS." RALPH M. HARTWELL II DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE VALIDITY, ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION OR MATERIALS, OR OF THE RESULTS OF USING SAME. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, RALPH M. HARTWELL II DISCLAIMS ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. LIMITATION OF LIABILITY IN NO EVENT SHALL RALPH M. HARTWELL II BE LIABLE FOR ANY DAMAGES WHATSOEVER LUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, IDENTAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR BUSINESS INTERRUPTION OR LOSS OF BUSINESS PROFITS OR DATA, RESULTING FROM ACCESS TO THIS SITE OR ANY SITES LINKED TO THIS SITE, OR FROM USE OF INFORMATION OR MATERIALS PRESENTED ON SUCH SITES.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Ralph M. Hartwell II against all damages, claims, liability, costs, and expenses, including but not limited to reasonable attorneys fees, arising out of violation of any of the provisions of this Agreement by you or anyone accessing the Site under your account.

TRADEMARKS

Spectrotek Services and associated logos are registered trademarks of Ralph M. Hartwell II. All other product names and company names referenced may be either trademarks or registered trademarks of their respective companies.

LINKS TO THIRD PARTY SITES

THE LINKS IN THIS AREA WILL ALLOW YOU TO LEAVE RALPH M. HARTWELL II'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF RALPH M. HARTWELL II AND RALPH M. HARTWELL II IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. RALPH M. HARTWELL II IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE LUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY RALPH M. HARTWELL II OF THE SITE.

OUR PRIVACY POLICY

We respect your privacy, and our privacy policy is quite simple. We do NOT collect any user names, addresses, email addresses, IP addresses, or any other identifying data from your visits to our web site. Any personal information you send us in an email message will be kept private unless you inform us to the contrary. Please note that we cannot control what information, if any, our web site's ISP may collect. Please refer to their privacy policy posted on their web site for that information. Be aware that when following a link to another web site over which we have no control, their privacy policies may differ from ours.

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