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Terms and Conditions

Introduction

PLEASE READ THESE WEB SITE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE (THE “WEB SITE”). THESE WEB SITE TERMS OF USE (THE “TERMS OF USE”) GOVERN YOUR ACCESS TO AND USE OF THE WEB SITE. THE WEB SITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEB SITE. BY ACCESSING OR USING THE WEB SITE, YOU AND THE ENTITY YOU ARE AUTHORIZED TO REPRESENT (“YOU” OR “YOUR”) SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

1. Scope of Terms of Use

These Terms of Use govern Your use of the Web Site and all applications, software and services (collectively, “Services”) available via the Web Site, except to the extent such Services are the subject of a separate agreement.

2. Modifications

Bluewater may revise and update these Terms of Use at any time. Your continued usage of the Web Site after any changes to these Terms of Use will mean You accept those changes. Any aspect of the Web Site may be changed, supplemented, deleted, or updated without notice at the sole discretion of Bluewater. Bluewater may also change or impose fees for products and services provided through the Web Site at any time in its sole discretion. Bluewater may establish or change, at any time, general practices and limits concerning other Bluewater products and services in its sole discretion.

3. License and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site and its contents (the “Content”) are the sole property of Bluewater, its affiliates or third parties. The Content is protected by copyright and other laws in both the United States and other countries. Elements of the Web Site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Web Site are trademarks, service marks or trade dress (“Marks”) of Bluewater, its affiliates or other entities that have granted Bluewater the right and license to use such Marks and may not be used or interfered with in any manager without the express written consent of Bluewater. Except as otherwise expressly authorized by these Terms of Use, You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Web Site in any way without Bluewater’s or the appropriate third party’s prior written permission. Except as expressly provided herein, Bluewater does not grant to You any express or implied rights to Bluewater’s or any third party’s Intellectual Property.

Bluewater grants You a limited, personal, nontransferable, nonsublicensable, revocable license to access and use only the Web Site, Content and Services only in the manner present by Bluewater only in the manner expressly permitted by Bluewater. Except for this limited license, Bluewater does not convey any interest in or to the Content, Services, Web Site or any other Bluewater property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Bluewater. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Bluewtater.

4. Restrictions on Use of the Web Site

In addition to other restrictions set forth in these Terms of Use, You agree that:

(a) You shall not disguise the origin of information transmitted through the Web Site or place false or misleading information on the Web Site.

(b) You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Bluewater.

(c ) You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.

(d) Certain areas of the Web Site may be restricted to customers of Bluewater.

(e) You may not use or access the Web Site or Services in any way that, in Bluewater’s judgment, adversely affects the performance or function of the Services or the Web Site or interferes with the ability of authorized parties to access the Services or the Web Site.

(f) You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Bluewater.

5. Links

(a) Outbound Links. The Web Site may contain links to third-party Web Sites and resources (collectively, “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by Bluewater of the content on such Linked Sites. Bluewater makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. Bluewater is not responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

(b) Inbound Links. Linking to any page of the Web Site other than to http://www.bluewaterthermal.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Bluewater. Any web site or other device that links to http://www.bluewaterthermal.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c )implying in any fashion that Bluewater or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Bluewater or any of its affiliates, (e) presenting false information about Bluewater products or services, and (f) using any logo or mark of Bluewater or any of its affiliates without express written permission from Bluewater.

6. Submissions

You agree that Bluewater, in its sole discretion, may terminate or suspend Your use of the Web Site, the Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content. Accessing the Web Site or Services after such termination, suspension or discontinuation shall constitude an act of trespass. Further, You agree that Bluewater shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site and/or the Services.

DISCLAIMER OF WARRANTIES

BLUEWATER MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.

THE WEB SITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS. BLUEWATER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. BLUEWATER AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE CONTENT OR SERVICES PROVIDED ON OR THROUGH THE USE OF THE WEB SITE. NO INFORMATION OBTAINED BY YOU FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY BLUEWATER IN THESE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF TUSE ARE FAIR AND REASONABLE.

9. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THAT BLUEWATER IS OTHERWISE FOUND RESPONSIBLE FOR ANY DAMAGES, BLUEWATER IS RESPONSIBLE FOR ACTUAL DAMAGES ONLY TO THE EXTENT PERMISSION BY LAW, IN NO EVENT SHALL BLUEWATER, ITS AFFILIATES, ITS LICENSORS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THE WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USER OF OR INABILITY TO USE THE WEB SITE, THE SERVICES OR THE CONTENT WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLECT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BLUEWATER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE.

10. Compliance with Law

You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Bluewater, negatively reflect on the goodwill or reputation of Bluewater and shall take no action which would cause Bluewater to be in violation of any laws, rulings or regulations applicable to Bluewater.

11. Governing Law

These Terms and Conditions are to be governed by and construed in accordionce with the law of the State of New York without reference to its conflicts of law rules. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in the New York County in the State of New York.

12. General

You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

13. COMPLETE AGREEMENT

EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE LICENSE OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND BLUEWATER, THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND BLUEWATER WITH RESPECT TO THE USE OF THE WEB SITE, AND ANY SOFTWARE OR SERVICE, INFORMATION OR CONTENT CONTAINED THEREIN, AND SUPERSEDE ALL DISCUSSIONS, COMMUNICATIONS, CONVERSATIONS, AND AGREEMENTS CONCERNING THE SUBJECT MATTER HEREOF.

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