3. License and Ownership
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
(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.
(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.
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.
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
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.
13. COMPLETE AGREEMENT