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Terms of Service

Welcome to the International Turbine Service ("ITS") web site (the "Web Site"), which is owned by ITS). Please carefully read the following terms and conditions of use of the Web Site (these "Terms of Use"). We may amend these Terms of Use at any time without specific notice to you. The most recent form of these Terms of Use will be posted at all times on the Web Site, and you should review these Terms of Use each time upon visiting or using the Web Site. You agree that each time you enter or use the Web Site, you accept and comply with, and agree to be bound by, these Terms of Use, as modified. Please note that other portions of the Web Site may contain additional and/or different terms and conditions of use.

Privacy
Our Privacy Policy is incorporated into, and made a part of, these Terms of Use.


Conduct
Prohibited Acts In connection with your access to, and/or use of, the Web Site, you agree not to:
User Representations
You represent and warrant that (a) you are at least 18 years of age, (b) your use of the Web Site is legal in, and does not violate any laws or rules of, the jurisdiction(s) in which you reside or from which you use or otherwise access the Web Site, (c) all information (if any) provided by you to Us is correct, (d) you possess the legal right and ability to enter into these Terms of Use, (e) your use of the Web Site shall be in accordance with these Terms of Use, and (f) your use of the Web Site shall be in accordance with all applicable laws and regulations.
If a user name or password is required to use the Web Site, you further represent and warrant that (a) the user name and password that you are using are those assigned to you by Us and your employer (if applicable), and you may modify the password at a later time after Our original assignment, (b) you will not disclose your user name or password to anyone, except to other employees as directed by your employer (if applicable), (c) you will use your user name and password only as instructed by your employer (if applicable) and in accordance with these Terms of Use, and (d) you will log off the Web Site when you cease to be physically present at the computer where you logged on to the Web Site.


Access
We reserve the right in our sole and absolute discretion to terminate, modify, or suspend your access to the Web Site at any time (for any reason, or for no reason). In particular, and without limitation, We may terminate, modify, or suspend your access to the Web Site upon your non-compliance with these Terms of Use or if you violate Our rights or the rights of any other party.


Intellectual Property Rights
Ownership The Web Site and all information, images, graphics, data, text, files, links, software, messages, communications, content, organization, design, compilation, magnetic translation, digital conversion, and other matters related to the Web Site ("Our Content") are the exclusive property of Us and Our licensors and are protected under applicable copyright, trademark, and other proprietary rights laws. Except as specifically allowed in these Terms of Use, the copying, redistribution, use, or publication by you of Our Content is strictly prohibited. You do not acquire any ownership rights to any of Our Content through your access to, or use of, the Web Site.

Trademarks The ITS Logo and Globe Design are Our trademarks and registered trademarks. Other products or company names mentioned on the Web Site may be trademarks of their respective owners.

Limited Right to Use We grant you a limited, nonexclusive, non-transferable license to view, print, download, and use the Web Site and Our Content solely for your internal business purposes. You may not reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Web Site or Our Content. All rights in and to the Web Site and Our Content not expressly granted in this paragraph remain in Us and Our licensors.


Indemnification
You shall indemnify, defend, and hold Us and Our owners, directors, officers, partners, employees, agents, information providers, suppliers, attorneys, and affiliates (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim, or expense, including, but not limited to, reasonable attorney's fees, related to your (a) failure to comply with any of these Terms and Conditions or (b) use of the Web Site. We have no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms and Conditions or the Web Site.


Disclaimers
THE INFORMATION PROVIDED THROUGH THE WEB SITE IS PROVIDED "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, ARISING OUT OF, OR IN CONNECTION WITH, THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH OUR CONTENT MAY BE UPDATED FROM TIME TO TIME, IT MAY BE OUT OF DATE AND/OR MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS.

WE ARE NOT RESPONSIBLE FOR YOUR INABILITY OR FAILURE (FOR ANY REASON) TO ACCESS THE WEB SITE OR OTHERWISE USE OR RECEIVE INFORMATION FROM OR REGARDING THE WEB SITE.


Limitation of Liability
OUR AFFILIATED PARTIES AND WE SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION RELATED TO THE WEB SITE. OUR AFFILIATED PARTIES AND WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY, TOGETHER WITH OUR AFFILIATED PARTIES, EXCEED $100.00.


Links
The Web Site may contain links to other web sites. We are not responsible for the content, accuracy, or opinions expressed in such web sites, and We do not investigate, monitor, or check such web sites for accuracy or completeness. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Us. If you decide to leave the Web Site and access these third-party sites, you do so at your own risk. You may only make available links on other web sites to the Web Site if such links connect directly to Our home page located at www.internationalturbineservice.com. You may deep-link (that is, link to other pages within the Web Site) only with Our prior, express, and written consent.


Miscellaneous
These Terms of Use shall be governed by, and construed and enforced in accordance with, the laws of the State of Texas, without regard to Texas' conflicts of law principles. Any cause of action by you with respect to the Web Site must be instituted within two years after the cause of action arose or be forever waived and barred. All legal proceedings arising out of, or in connection with, these Terms of Use shall be brought solely in a federal or state court of competent jurisdiction located in Dallas County, Texas. The provisions of these Terms of Use are severable, and in the event any provision of these Terms of Use is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. Our waiver of a breach of any provision of these Terms of Use by you shall not operate or be construed as a waiver by Us of any subsequent breach by you.

If you are aware of any violations of these Terms of Use or if you have any questions or comments regarding these Terms of Use, please contact Us at webmaster@internationalturbineservice.com.

Copyright 2003 International Turbine Service. All rights reserved.
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