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WEBSITE TERMS OF USE AND PRIVACY NOTICE

The terms “you” and “your” refers to the person or entity who visits and/or uses the Website. The terms “we”, “our”, and “us” refers to Quincy Compressor LLC and its affiliates. The term “Website” refers to www.quincycompressor.com and any all other websites owned, operated, or controlled by Quincy Compressor LLC or any Quincy Compressor LLC affiliate.

By accessing and/or using the Website, you signify acceptance of all terms, conditions, and other provisions herein. If you do not fully accept all terms, conditions and provisions herein, you are not permitted to visit or use the Website.

Disclaimer of Warranties
WE PROVIDE THE WEBSITE “AS IS” AND “AS AVAILABLE” WITH NO WARRANTIES, GUARANTEES, OR REPRESENTATIONS WHATSOEVER, WHETHER WITH RESPECT TO RELIABILITY, FUNCTIONALITY, UPTIME, NONINFRINGEMENT, SECURITY, ACCURACY OR COMPLETENESS OF INFORMATION/CONTENT, OR OTHERWISE.  YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR ACCESS TO AND/OR USE OF THE WEBSITE. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ANY AND ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.

We expressly do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. WE EXPRESSLY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR ANY WEBSITE LINKED TO IT.  It is up to you to take all necessary precautions, including to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of destructive nature.  We make no warranties or representations whatsoever about any other website belonging to a third party which you may access through the Website.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

Limitation of Liability

EXCEPT FOR ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, IN NO CASE SHALL WE OR ANY OF OUR OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LACK OF COST SAVINGS, LOSS OF PROGRAMS, LOSS OF INFORMATION OR LOSS OF ANY OTHER DATA) ARISING FROM OR RELATED TO THE WEBSITE (including but not limited to any application and/or service on the Website or on any website to which the Website links) OR ANY ACCESS TO OR USE (OR INABILITY TO ACCESS OR USE) OF THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES OR IF THE DAMAGES ARE FORESEEABLE. 

 

Intellectual Property

The Website, including but not limited to any and all logos, trademarks, text, software, programming code, applications, images, graphics, software, sound, animation and video files, and their arrangement, are proprietary to us and/or third parties and subject to intellectual property protection. No part of the Website (whether any logo, trademark, text, software, programming code, application, images, graphics, sound file, animation file, and video files, or otherwise) may in whole or in part be reproduced, copied, transferred, published, distributed, modified, or reposted, without specific prior written authorization. All intellectual property rights, including but not limited to copyrights, trademarks, and patents are reserved and any use without prior written authorization from the respective owner is strictly prohibited.  You expressly agree to not copy, modify, rent, lease, loan, sell, distribute or create a derivative works based on the Website in any manner.

 

Linking to the Website
You are not authorized to link to the Website without our specific prior written consent.

Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Indemnification
You expressly agree that you shall not violate any law or regulation (including but not limited to any export regulations of the United States). Your visit to and/or or use of the Website constitutes your representation that your visit and your use of the Website (a) is not in breach of any term, condition or other provision herein and (b) does not violate any law or regulation.

You agree to indemnify and hold harmless us and our affiliates, licensors and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of any term, condition, or other provision herein, (b) your use of the Website, and/or (c) your violation of any law or regulation (including but not limited to the export regulations of the United States).

 

Waiver 
No waiver by us of any term, condition, or other provision herein shall be deemed a further or continuing waiver of such term, condition, or provision or a waiver of any other term, condition, or provision, and any failure of us to assert a right or provision hereunder shall not constitute a waiver of such right or provision. 

Changes to the Website
We 
may update the content of the Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Severability

The provisions herein are severable and the invalidity or unenforceability of any provision hereof shall not affect the validity or enforceability of any other provision. In addition, in the event that any provision herein (or portion thereof) is determined by a court or arbitration body to be unenforceable as drafted (whether by virtue of the scope, duration, extent or character of any obligation contained therein, or otherwise), the parties acknowledge that it is their intention that such provision (or portion thereof) shall be construed in a manner designed to effectuate the purposes of such provision to the maximum extent enforceable under applicable law.

 

Governing Law and Jurisdiction
All matters relating to the Website and/or to the terms and conditions herein and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of the State of Alabama without giving effect to any choice or conflict of law provision or rule (whether of the State of Alabama or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Website and/or terms and conditions herein shall be instituted exclusively in the federal courts of the United States or the courts of the State of Alabama. Notwithstanding the foregoing, in the event your domicile is outside of the United States, we expressly retain the right to bring any suit, action or proceeding against you for breach of any term, condition, or provision herein in your country of domicile or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Headings

The headings herein have been inserted solely for convenience of reference, and shall not be considered in interpreting the terms, conditions or other provisions herein.

 

Modification

We reserve the right to change or update the terms, conditions, and other provisions herein at any time.

Privacy Notice
Who Personally Identifiable Information May be Shared With:
If you provide personally identifiable information to us in connection with the Website, we will not disclose your personally identifiable information to any third party without your consent, unless required to do so by law, or unless we in good faith believe such action is necessary to (i) perform a task carried out in the public interest, or (ii) to defend our rights or property or those of any affiliate. However, in order to fulfill your requests, provide you with a product, service or information, to process a transaction, or to provide you with customer service, your personally identifiable information may be shared with affiliates and third parties including but not limited to shipping companies, suppliers, distributors, financial institutions, business partners, and postal or government authorities (such as Customs authorities). Any such affiliate or third party may be located within or outside the European Economic Area. In accordance with the above, if you submit personally identifiable information, you voluntarily consent to transfer of such information to other countries, including countries within or outside of the European Economic Area. 
  
To Remove, Correct, Update or Access Your Personally Identifiable Information:
If you would like to remove, correct, update, or access your personally identifiable information that you have submitted to us, or if you have any related concerns, please contact us. If you contact us in this regard, please note the web page name or location where you submitted the information, as well as the contact information (for instance name, email address, postal address, etc.) that you provided at that time.

IP Addresses, Internet Browsers, Operating Systems, Domain Names/web-addresses:
When you visit the Website, we, our affiliates and/or third parties may collect your computer’s IP address. The IP address does not identify you as an individual. Other non-personally identifiable information that may be collected includes the type of Internet browser used, the type of computer operating system used, and the domain name/web address of the website from which you visited the Website. Collecting this type of information helps us to administer the Website, diagnose server problems, analyze trends and statistics, and provide better customer service.

Cookies:
When you visit the Website, “cookies” may be sent to your computer. A cookie is a small text file or piece of data that a website that you visit (for example our Website) can place or save onto your computer. Our cookies do not themselves contain personally identifiable information. However, if you provide such personally identifiable information to us (for example by by registering for an Internet related service or password provided by us), such information may be linked to the data stored in the cookie. There are various types of cookies. One type saves a file for a longer period of time onto your computer, and it can remain on your computer after you shut it off. Such cookie could, for example, be used to tell a visitor what information on the website has been updated since his or her last visit to that website. Another type of cookie is called “session cookie”. While you are visiting a website, session cookies are temporarily stored in your computer’s memory. This could be done, for example, to keep track of what language you have chosen at the website. We may use third parties to assist us in collecting or processing information obtained through cookies.

We may use cookies for a number of reasons, for example to: compile anonymous statistics related to patterns and trends of browsing; analyze sales data; conduct marketing research; user adapt website content or functions; provide assistance to, or track site visits of users, of certain Internet-based services; enable users with passwords to re-enter certain web pages without having to retype previously typed information.

How to Avoid Cookies:
With most Internet browsers, you can set the browser to block cookies, erase cookies from your computer hard drive, or notify you that a web page contains cookies before a cookie is stored. Please refer to your browser instructions or help screen to learn more about these functions. Please note that some of our web pages may not work properly without the use of cookies.

Security:
Technical and administrative measures are implemented to help protect personally identifiable information and other data on our servers from unauthorized access, loss, or alteration. However, no server or transmission over the Internet, and no measure, can be guaranteed to be one hundred percent secure. Therefore, any activity or communication is conducted at your own risk.

Links to third party websites:
Some of our web pages may contain links to third party websites. Please note that we are not responsible for the privacy policies, content, or practices of such other websites or their owners or operators.

Modification of Privacy Notice:
We reserve the right to change or update this Privacy Notice at any time.

(last updated May 29, 2013)

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