Ideal Terms of Use
- Acceptance of Terms
- Modification to Terms of Use
- Intellectual Property
- Your Conduct
- Comments, Communications and Other Content
- Links
- Indemnification
- Disclaimer of Warranties
- Limitation of Liability
- Privacy Policy
- Site Security
- Termination Of Use
- General Information
The Ideal Aerosmith Website is made up of various Web pages (collectively, the "Website")
that are owned and operated by Ideal Aerosmith, Inc. ("Ideal"). The following Terms
of Use ("Terms") govern your use of the Website. Read these terms carefully before
you ("You") accept these Terms by using the Website.
Additionally, the Website may contain additional terms, codes of conduct or guidelines
that govern use of the Website, including without limitation, particular features
or offers. In the event that any of the Terms contained herein conflict with any
additional terms contained within the Website, then these Terms shall control. Your
use of the Website constitutes Your agreement to the Terms and any additional terms.
The Terms are entered into by and between Ideal and You. Any reference herein to
Ideal shall be deemed to refer to Ideal Aerosmith, Inc. and/or the Website, as applicable
under the circumstances. The products and services offered for sale and other on-line
resources accessible via the Website, are provided to You, subject to these Terms.
Unless explicitly stated otherwise, the Terms will govern Your use of any new features
that augment or enhance the Website.
Ideal may make improvements and/or changes to the Website including the products,
programs and services that are offered or described on the Website, at any time,
without prior notice. In addition, Ideal does not warrant that the products offered
on the Website are available to be shipped to all customers or that product descriptions
or other content of the Website is accurate, complete, reliable, current or error-free.
Ideal reserves the right to update or modify these Terms and, any additional terms,
codes of conduct or guidelines, without prior notice. You are responsible for regularly
reviewing these Terms and Your continued use of the Website constitutes Your agreement
as to all such updated or modified terms.
Ideal Aerosmith, Aero 4000™, and Ideal Precision are trademarks of Ideal Aerosmith,
Inc. Contraves is a registered trademark of Oerlikon Contraves AG. Carco Electronics
is a trademark of Acutronic USA, Inc. Inductosyn is a registered trademark of Ruhle
Companies, Inc.
Unless otherwise indicated, all information, images, text, messages, illustrations,
graphics, logos, designs, icons, photographs, programs, data, software, music, sound,
video, or other materials that are part of the Website (collectively, the "Content")
are protected by copyrights, trademarks, service marks, publicity rights, or other
proprietary rights and laws owned, controlled or licensed by Ideal or by third parties
(the "Third Party Providers") who have provided materials to Ideal, and these rights
are valid and protected in all forms, media and technologies, existing now or hereinafter
developed.
Except as set forth herein, none of the Content may be copied, reproduced, framed,
modified, removed, sold, distributed, republished, downloaded, displayed, posted,
transmitted, or otherwise exploited, in whole or in part, in any form or by any
means, including, but not limited to, electronic, mechanical, photocopying, recording,
or otherwise, without the prior express written permission of Ideal or the Third
Party Provider. No part of the Website may be reproduced or retransmitted in any
way, or by any means, without the express written permission of Ideal. You also
may not, without Ideal's prior express written permission, "mirror" any of the Content
contained on the Website on any other server.
View Ideal Aerosmith Copyright Policy
Ideal is committed to respecting others' intellectual property rights, and we ask
our users to do the same. Ideal may, in its sole discretion, terminate the accounts
or access rights of users who infringe or otherwise violate others' intellectual
property rights. If You believe that Your work has been copied in a way that constitutes
copyright infringement on the Website, please contact our copyright agent as described
in our copyright policy.
Nothing on the Website shall be construed as conferring any license under any of
Ideal's or any Third Party Provider's intellectual property rights, whether by estoppel,
implication, or otherwise. You acknowledge sole responsibility for obtaining any
such licenses.
Permission is granted to display, copy, distribute and download Ideal's Content
on the Website for Your personal, non-commercial use only, provided You do not modify
the materials and that You retain all copyright notices, trademark legends, and
other proprietary rights notices contained in the materials. This permission terminates
automatically if You breach any of these Terms. Upon termination, You must immediately
destroy any downloaded and printed materials. Any unauthorized use of any Content
contained on the Website may violate copyright laws, trademark laws, the laws of
privacy and publicity, and communications regulations and statutes.
Ideal has not independently authenticated content provided by Third Party Providers
in whole or in part. Ideal does not provide, sell, license, rent or lease any of
the Content other than those specifically identified as being provided by Ideal.
You agree to use the Website only for lawful purposes. You are prohibited from posting
on or transmitting through the Website any Content that violates or infringes anyone's
intellectual property rights (including copyrights, trademarks, trade secrets, patents,
publicity rights or, to the extent protectable, confidential ideas) or otherwise
deemed by Ideal to be harmful or objectionable, or that intentionally or unintentionally
violates any applicable local, state, national or international law, or any regulations
having the force of law.
All comments, communications, ideas, and other content disclosed, submitted or offered
to Ideal on or by the Website or otherwise disclosed, submitted or offered in connection
with Your use of the Website (collectively, the "Comments") shall be and remain
Ideal's property. Such disclosure, submission or offer of any Comments shall constitute
an assignment to Ideal of all worldwide rights, titles and interests in all copyrights
and other intellectual properties in the Comments. Thus, Ideal will own exclusively
all such rights, titles and interests and shall not be limited in any way in its
use, commercial or otherwise, of any Comments. Ideal is and shall be under no obligation
(1) to maintain any Comments in confidence; (2) to pay user any compensation for
any Comments; or (3) to respond to any user Comments. You agree that no Comments
submitted by You to the Website will violate any rights of any third party, including
copyright, trademark, privacy or other personal or proprietary right(s). You further
agree that no Comments submitted by You to the Website will be or contain libelous
or otherwise unlawful, abusive or obscene material. You are and shall remain solely
responsible for the content of any Comments you make.
The Website may provide, or third parties may provide, links to other Internet sites
or resources. Because Ideal has no control over such sites and resources, You acknowledge
and agree that Ideal is not responsible for the availability of such external sites
or resources, and does not endorse and is not responsible or liable for any content,
advertising, products, or other materials on or available from such sites or resources.
Ideal will not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, goods or services available on or through any such site or
resource.
The Website may be linked to other websites that are not under the control of and
are not maintained by Ideal. Ideal is not responsible for the content of those sites.
Ideal is providing these links to You only as a convenience, and the inclusion of
any link to such sites does not imply endorsement by Ideal of those sites.
You agree to indemnify and hold Ideal, and its subsidiaries, affiliates, officers,
agents, co-branders, or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of the use of the Website
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE IS PROVIDED BY IDEAL
ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE
CONTENT ON THE WEBSITE IS PROVIDED "AS IS", "WITH ALL FAULTS," AND IS FOR COMMERCIAL
USE ONLY. IDEAL DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND
WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IDEAL MAKES NO REPRESENTATIONS,
WARRANTIES, CONDITIONS OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY
OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE WEBSITE. IDEAL MAY MAKE AVAILABLE
ON THE WEB SITES CONTENT AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY THIRD-PARTY
USERS OF THE WEB SITES. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO
THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL IDEAL OR ITS SUPPLIERS BE LIABLE
FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR INFORMATION FROM THE WEBSITE.
IDEAL MAKES NO WARRANTY OR CONDITION THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS,
(ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT (v)
ANY ERRORS IN THE WEBSITE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS
DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IDEAL OR
THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY
STATED IN THE TERMS. IDEAL'S EMPLOYEES ARE NOT AUTHORIZED TO VARY THESE TERMS.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IDEAL IS NOT LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, ELECTRONICALLY
TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE (EVEN IF IDEAL HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED AND REGARDLESS OF THE THEORY
OF LIABILITY, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING
NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR RELATED TO: (i) THE USE OF OR THE INABILITY
TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO
THE SERVICES, INCLUDING CONTENT YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE FROM
THE WEBSITE.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT
USED IN CONNECTION WITH THE WEBSITE AND WILL NOT MAKE A CLAIM AGAINST IDEAL FOR
LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING
FROM THE USE OF THE CONTENT.
YOU AGREE TO HOLD IDEAL HARMLESS FROM, AND YOU COVENANT NOT TO SUE IDEAL FOR, ANY
CLAIMS BASED ON USING THE WEBSITE, WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH),
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. 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.
Ideal respects Your desire for privacy. Ideal's Privacy Policy can be found by clicking
Privacy Policy. By using the Website, You are consenting to the processing of Your
data by Ideal and consenting to the terms of our Privacy Policy. If we decide to
make any significant change to that policy, we will post the revised policy prominently
on the Website or otherwise bring it to Your attention, so that You are always aware
of what we do with Your information.
You are prohibited from violating or attempting to violate the security of the Website,
including, without limitation, (a) accessing data not intended for such user or
logging onto a server or an account which You are not authorized to access; (b)
attempting to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization; (c) attempting
to interfere with service to any user, host or network, including, without limitation,
via means of submitting a virus to the Website, overloading, "flooding," "spamming,"
"mailbombing" or "crashing;" (d) sending unsolicited email, including promotions
and/or advertising of products or services; or (e) forging any TCP/IP packet header
or any part of the header information in any email or newsgroup posting. Violations
of system or network security may result in civil or criminal liability. Ideal will
investigate occurrences that may involve such violations and may involve, and cooperate
with, law enforcement authorities in prosecuting users who are involved in such
violations. You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Website or any activity being
conducted on the Website. You agree, further, not to use or attempt to use any engine,
software, tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to navigate or search
the Website other than the search engine and search agents available from Ideal
on the Website and other than generally available third party web browsers (e.g.,
Netscape Navigator, Microsoft Explorer).
Ideal, in its sole discretion, may terminate Your password, Your account, Your use
of any of the on-line resources available on the Website, and remove and discard
any Content on the Website, for any reason, including, without limitation, for lack
of use or if Ideal believes that You have violated or acted inconsistently with
the letter or spirit of the Terms. Any termination of Your access to the Website
under any provision of the Terms may be effected without prior notice, and Ideal
may immediately de-activate or delete Your account and all related information and
files in Your account and/or bar any further access to such files or to the Website.
Further, Ideal will not be liable to You or any third-party for any termination
or suspension of Your Account or Your access to the Website.
The Terms constitute the entire agreement between You and Ideal and govern Your
use of the Website, superseding any prior agreements between You and Ideal (including,
but not limited to, any prior versions of the Terms). You also may be subject to
additional terms and conditions that may apply when You use other Ideal services,
third-party content or third-party software. You must not assign or otherwise transfer
either the Terms or any right granted hereunder.
Any breach of the Terms will result in irreparable harm to Ideal for which damages
would be an inadequate remedy and, therefore, in addition to its rights and remedies
otherwise available at law, Ideal will be entitled to equitable relief, including
both a preliminary and permanent injunction, if such a breach occurs. You waive
any requirement for the posting of a bond or other security if Ideal seeks such
an injunction.
Minnesota law and controlling U.S. federal law govern any action related to the
Terms. No choice of law rules of any jurisdiction apply. You and Ideal agree to
submit to the personal and exclusive jurisdiction of the courts located within the
county of Polk, Minnesota.
Ideal controls and operates the Website from its headquarters in Polk County, Minnesota,
United States of America, and makes no representation that this Content is appropriate
or available for use in other locations. If You use the Website from other locations,
You are responsible for compliance with applicable local laws including but not
limited to the export and import regulations of other countries.
The U.S. export control laws regulate the export and re-export of technology originating
in the United States. This includes the electronic transmission of information and
software to foreign countries and to certain foreign nationals. You agree to abide
by these laws and their regulations including, but not limited to, the Export Administration
Act and the Arms Export Control Act and not to transfer, by electronic transmission
or otherwise, any Content derived from the Website to either a foreign national
or a foreign destination in violation of such laws.
The failure of Ideal to exercise or enforce any right or provision of the Terms
does not constitute a waiver of such right or provision. If a court of competent
jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless
agree that the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the Terms remain in full
force and effect. Regardless of any statute or law to the contrary, any claim or
cause of action arising out of or related to use of the Services or the Terms must
be filed within one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Terms are for convenience only and have no legal
or contractual effect.
These Terms represent the entire understanding relating to the use of the Website
and prevail over any prior or contemporaneous, conflicting, or additional, communications.