Broadstar™ - Wind Systems  
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1323 North Stemmons
Dallas, Texas 75207
o:214.468.8811
f:214.468.8822
 



 
Terms of Use

You have accessed an Internet web site (the “Website”) that is comprised of various web pages owned and operated by Broadstar Wind Systems, LP, a Delaware limited partnership (the “Company”).

The Website is offered to you conditioned on your acceptance without modification of the following terms, conditions, and notices (these “Terms of Use”). Your use of the Website (including your browsing of any of the web pages on the Website) constitutes your agreement to be bound by these Terms of Use.

Modification Of These Terms Of Use. The Company reserves the right, in the Company’ sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. You should read these Terms of Use periodically for changes. If you use the Website after the Company posts changes to these Terms of Use, you will be deemed to have accepted the changed Terms of Use.

Ownership Of Content. The content of the Website, including, but not limited to, all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, structure, sequence, design, compilation, magnetic translation, digital conversion, and other matters relating to the Site (collectively, the “Content”), is protected by copyright, trademark, trade secret, and other proprietary rights laws. The definition of Content includes text, HTML, XML, and Java code, graphics, images, and other data at the Website. The Company and its licensors (i) are the owners of all Content and (ii) retain all right, title, and interest in and to the Content. You possess only those rights expressly granted to You in these Terms of Use. All trademarks, service marks, and trade names displayed on the Website are proprietary to the Company, except those identified as belonging to others, all of which are the property of their respective owners.

Permitted Use. You have a non-exclusive, non-transferable, limited, and revocable license to use the Website solely for obtaining information. You may not use the Website for any other purpose except as expressly set forth in these Terms of Use, including, but not limited to, using the Website by means of co-branding it or framing any or all of the Content. You may print a copy of the Content for your own informational purposes.

No Unlawful Or Prohibited Use. You may not copy, transmit, distribute, or publish any or all of the Website, including, but not limited to, any or all Content, without the Company’ prior, express and written consent. In your use of the Content, such as printing it, you may not remove or alter, or cause to be removed or altered, any notice, mark, or legend in or on the Content, including, but not limited to, copyright notices, trademarks, and disclaimers.

As a condition of your use of the Website, you represent and warrant to the Company that you will not (i) use the Website for any purpose that is unlawful, immoral, or prohibited by these Terms of Use or any applicable local, state, or federal law, rule, or regulation, (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use and enjoyment of the Website, (iii) obtain, or attempt to obtain, any materials, information, or other Content through any means not intentionally made available or provided for through the Website, (iv) circumvent, or attempt to circumvent, any security feature of the Website, (v) modify, delete, or reverse engineer the Website in any way whatsoever, or (vi) upload, e-mail or otherwise transmit to or through the Website, any advertising, promotional, or other unauthorized communication, including "junk mail," "surveys," unsolicited e-mail, "spam," "chain letters," or "pyramid schemes," or any material that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of the Website or any other recipient.

Privacy Policy. The Company’s Privacy Policy is incorporated into, and made a part of, these Terms of Use.

Links To Third Party Sites. The Website may contain links to other Internet web sites (the “Linked Sites”). The Linked Sites are not under the control of the Company, and the Company is not responsible for the content, accuracy, or opinions of any Linked Site, including, but not limited to, any link contained in a Linked Site or any changes or updates to a Linked Site. The Company does not investigate, monitor, or check any Linked Site for accuracy or completeness. The Company is not responsible for webcasting or any other form of transmission received from any Linked Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply approval or endorsement by the Company of the Linked Site (or any other site) or any association with such Linked Site’s operators. If you decide to leave the Website and access any Linked Site, you do so at your own risk.

Use Of Communication Services. The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at-large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service or any other portion of the Website, you will not:

  • Modify, delete, or reverse engineer the Website in any way whatsoever.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, transmit, copy, reproduce, e-mail, post, upload, distribute, or disseminate (or use the Website to do any of the foregoing with respect to) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, chain letters, junk mail, spam, unsolicited e-mail, or any advertising, promotional, or unauthorized communication.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software, or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services or any other portion of the Website.
  • Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service or any other portion of the Website.
  • Harvest or otherwise collect information about others, including, but not limited to, e-mail addresses, without their prior, express, and written consent.
  • Violate any applicable laws, rules, or regulations.

The Company has no obligation to monitor the Communication Services or the Website. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in the Company’s sole discretion. The Company assumes no liability relating to the Company’ monitoring acts or omissions.

The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, rule, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the Company's sole discretion.

The Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Information Provided to the Company. Subject to the Privacy Policy, any and all information and works of authorship that you provide to the Company, including all comments and suggestions (collectively “Visitor Generated Content”), you grant the Company a non-exclusive, transferable, assignable, sublicenseable, perpetual, irrevocable, worldwide, royalty-free, and fully paid-up license to use, possess, copy, distribute, sell, sublicense, disclose, display publicly, perform, modify, make, have made, import, export, and prepare derivative works of such Visitor Generated Content through multiple tiers of distribution in any and all media now known or hereafter invented.

No compensation will be paid with respect to the use of your Visitor Generated Content, as provided herein. The Company is under no obligation to post or use any Visitor Generated Content you may provide and may remove any Visitor Generated Content at any time in the Company' sole discretion.
By posting, uploading, inputting, providing, or submitting your Visitor Generated Content, you represent and warrant that you own or otherwise control all of the rights to your Visitor Generated Content as described in this section including, but not limited to, all the rights necessary for you to provide, post, upload, input, or submit the Visitor Generated Content.

Liability Disclaimers. THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT INCLUDED IN, OR AVAILABLE THROUGH, THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT. THE COMPANY MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL, OR FINANCIAL DECISIONS, AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND (EXPRESS OR IMPLIED). THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, RELATED GRAPHICS, AND CONTENT OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

Indemnification. You agree to indemnify, defend, and hold the Company and the Company’ partners, managers, officers, employees, agents, information providers, suppliers, and attorneys harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, reasonable attorney’s fees, related to your (i) failure to comply with any of these Terms of Use or (ii) use of the Website. The Company has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the Website or your use of the Website.

Termination/Access Restriction. You agree that the Company may, in the Company’ sole discretion and for any reason, terminate, modify, or suspend part or all of your access to, and any service provided through, the Website (including, but not limited to, any Communications Service) and delete any content transmitted to or through the Website at any time with or without prior notice and without liability to you or any third party. Without limiting any other provision in these Terms of Use, the Company may also terminate these Terms of Use and your right to use the Website immediately without notice if, in the Company’ sole discretion, you fail to comply with any term or provision of these Terms of Use.

Severability. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect. Unless otherwise specified herein, these Terms of Use constitute the entire agreement between the user and the Company with respect to the Website, and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and the Company with respect to the Website.

General. To the maximum extent permitted by law, these Terms of Use are governed by, and shall be construed and enforced in accordance with, the laws of the state of Texas, U.S.A. (except for Texas’ conflicts of laws principles), and you hereby consent to the exclusive jurisdiction and venue of courts in Dallas County, Texas, U.S.A., in all disputes arising out of, or relating to, the use of the Website or these Terms of Use. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, but not limited to, this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or your use of the Website. The Company' performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company' right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to, or gathered by, the Company with respect to such use.

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon, or relating to, these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms of Use and all related documents be drawn up in English as spoken in the United States.

Copyright And Trademark Notices. All contents of the Website are: Copyright© 2008 by Broadstar Wind Systems, L.P. All rights reserved.

By using this Website, you acknowledge that you have read these Terms of Use, understand them and agree to be bound by all the terms and conditions.