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Welcome, Guest    Loudwind®TERMS OF USE

Loudwind®TERMS OF USE

ACCEPTABLE USE LIMITATION

The Loudwind Website is provided, accessed for use of the services and Loudwind's various social sites (collectively referred to as the "Services"), to assist you with sharing any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services and to Post comment or "Deals" on "Individual" and/or "Commercial" basis and transact products, services or solicite RFQ (Requests for Quotes), collectively referred to as "Content". Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms. Your right to use the Loudwind.com Website is personal to you, and/or your company and its employees. As a condition of your use of the Website, you warrant to Loudwind® that you will not use the Loudwind.com Website for any purpose that is unlawful, or prohibited by these Terms of Use or the Additional Terms (as may be modified from time to time without notice). You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Loudwind Website, except as expressly provided herein. In addition, you may not use the products or services provided through or in connection with the Loudwind Website to: defame, abuse, harass, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; conduct or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail or multi-level marketing campaigns; publish, post, distribute, disseminate or link to any: (i) inappropriate, profane, defamatory, infringing, obscene, adult content, nude, indecent or unlawful topic, name, material or information; (ii) software or other material protected by intellectual property laws, rights of privacy or publicity, or other proprietary rights, unless you own, control such rights or have received all necessary consents for your use of such software and other materials; (iii) software or other material that contains viruses, corrupted files, or that may or are intended to damage the operation of another's computer (e.g., "cracks" or other programs written to defeat the security measures of any computer, system or programs); sell, distribute, disseminate or link to any sites for marketing, sales or distribution of: firearms, explosives, ammunition, liquor, tobacco products, food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants, pharmaceuticals and controlled substances, counterfeit, pirated or stolen goods, fraudulent goods, any goods or services that infringe or otherwise violate a third party's rights, registered or unregistered securities, goods or services that: (i) you cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via the Website or Yourself and/or Your Company or Your Web Site would cause Loudwind to violate any law, statute or regulation; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; restrict or inhibit any other user from using and enjoying its rights in Loudwind Website, interfering with or disrupting the Loudwind Website service or servers or network connected to Loudwind; or, violate any applicable government laws or regulations.

Loudwind® is not obligated to monitor the content on Website. However, with respect to the use of the products and services offered on Website, Loudwind reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Loudwind Web sites, in Loudwind's sole discretion, without notice at any time.

LINKS TO THIRD PARTY SITES

Links within the Loudwind® Web Sites may let you leave the Loudwind Website . You acknowledge that the linked sites are not under the control of Loudwind and that Loudwind is not responsible for the contents or operation of such linked sites or any link contained in such linked site, or any changes or updates to such sites. Loudwind is not responsible for web casting or any other form of transmission received from any linked site. Loudwind® is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Loudwind of the linked site or any association with their operators.

USE OF BLOGS & FORUM SERVICES

The Loudwind Sites may contain Blogs, bulletin board services, chat areas, Instant Messenger, news groups, forums, communities, personal and business web pages, yellow page listings, electronic mail postings and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Forum Services"). You agree to use the Forum Services only to post, send and receive messages and material that are proper and related to the particular Forum Service, and to comply with all applicable laws and these Terms of Use and Additional Terms. In addition to above acceptable use limitations, you agree that when using a Forum Service, you will not: Advertise or offer to sell or buy any goods or services, unless such Forum Service specifically allows such messages; Falsify, delete or alter any material, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of material contained in a file that is uploaded via the Forum Services; Restrict or inhibit any other user from using and enjoying its rights in the Forum Services; Violate any code of conduct or other guidelines that may be applicable for any particular Forum Service; Harvest or otherwise collect information about others, including e-mail addresses, without their express consent; Link the Forum Services to any unsolicited communication sent to any third party, or otherwise use or mention the Forum Services in connection with any such unsolicited communication; or, Violate any applicable laws or regulations.

Loudwind® reserves the right, but is not obligated, to review materials posted to a Blog or Forum Service and to remove any such materials in its sole discretion, without notice at any time. In addition, Loudwind reserves the right to terminate your access to any or all of the Blogs, Forum Services at any time without notice for any reason whatsoever. Furthermore, Loudwind reserves the right to terminate or change any Blog cmment or Forum Service at anytime.

Loudwind® is not obligated to monitor the Loudwind Blog or any Forum Services. However, with respect to the use of a blog or Forum Service, Loudwind reserves the right to disclose any information or materials as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, from the Blog or the Forum Service in Loudwind's sole discretion.

You acknowledge that Forum Services are public and not private communications, therefore your communications may be read by others without your knowledge. Always use caution when giving out any personally identifying information about yourself or others in any Forum Service. Loudwind does not control or endorse the content, messages or information found in any Forum Service and, therefore, Loudwind specifically disclaims any liability with regard to the Forum Services and any actions resulting from your participation in any Forum Service. Forum managers and hosts of the Forum Services are not authorized Loudwind agents or spokespersons, are not able to bind Loudwind, nor do their views necessarily reflect those of Loudwind.

Materials uploaded to Loudwind Blog or to a Forum Service may be subject to posted limitations on usage, reproduction and/or dissemination, and you are responsible for adhering to such limitations if you download the materials.

LICENSE YOU GRANT TO LOUDWIND

Loudwind® does not claim ownership of the materials you provide to Loudwind (including feedback and suggestions) or post, upload, input or submit in connection with your use of Loudwind Website or any web site ("Your Web Site") created by you or on your behalf in connection with the use of Loudwind (collectively "Submissions"). However, you grant Loudwind a royalty-free license to use (including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, sublicense and reformat your Submission, and to publish your name in connection with your Submission) your Submission only in connection with the operation and promotion of Loudwind. You also grant Loudwind the right to publish your name in connection with any such communication. No compensation will be paid or due you with respect to Loudwind's or its sublicensee's use of the materials as licensed above. Loudwind is under no obligation to post or use any materials you may provide, and may remove such materials at any time in Loudwind's sole discretion. By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of transaction, communication with or through any Loudwind Web Sites, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant Loudwind the license set forth above, and you will defend and indemnify Loudwind and its suppliers from any third party claim related to a breach of any of the foregoing representations or warranties.

LIABILITY DISCLAIMER

The information, software, products, services and other material included in or available through the Loudwind Website may not be complete, and may include inaccuracies or errors, and may also be modified or deleted from time to time. Advice, information, products, services or other materials received via the Loudwind Website should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.

Your access to and use of the Website, and products and services of Website, is at your own risk. Loudwind, and its members and sponsors, will not be liable for any damage, loss or disclosure of information, data, revenue, accounts or business that occurs in connection with your use of Website, or such products or services. Loudwind makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Loudwind Website, or such products or services. Without limiting the foregoing, LOUDWIND AND/OR ITS RESPECTIVE MEMBERS OR SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Website FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. LOUDWIND AND/OR ITS RESPECTIVE MEMBERS OR SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL LOUDWIND ,MEMBERS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF LOUDWIND OR RELATED SERVICES, WITH THE DELAY OR INABILITY TO USE LOUDWIND OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES OBTAINED THROUGH Website, OR OTHERWISE ARISING OUT OF THE USE OF LOUDWIND WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LOUDWIND OR ANY OF ITS SUPPLIERS AND/OR MEMBERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LOUDWIND, OR WITH ANY OF THESE TERMS OF USE AND ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LOUDWIND AND ITS RELATED SERVICES.

Without limiting the foregoing, Loudwind® is not responsible for any of your data residing on Loudwind and Loudwind Website hardware. You are responsible for backing-up your data and information that may reside on the Loudwind or Loudwind Website hardware, whether or not such information is produced through the use of Website. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained.

You agree to defend, indemnify and hold Loudwind its members and/or suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys' fees) arising from your violation of these Terms of Use (including, without limitation, violation of applicable Additional Terms of Use), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Loudwind® or your use of Loudwind Website.

SERVICE CONTACT

If you need to contact Loudwind® regarding the Website, please send e-mail to Webmaster @Loudwind.com

ACCESS RESTRICTION

Loudwind® reserves the right to deny in its sole discretion any user access to Loudwind Sites or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your password(s) and user name(s), and for any use or misuse of your account or Loudwind resulting from any third party using your password or user name.

TERMINATION

Loudwind® may terminate this Agreement and your access to Loudwind Sites (in whole or in part) and related services at any time, with or without cause, and with or without notice. Anyone determined by Loudwind to have violated these Terms of Use and any Additional Terms may be barred from using the Loudwind Website, or from receiving any products, services or benefits from Loudwind. In addition, if you violate any of these Terms of Use and Additional Terms (as applicable) you will forfeit all in-kind credits (if any) and any other amounts accruing to you (if any) in connection with the Loudwind Web Sites.

GENERAL

This Agreement is governed by the laws of the State of Delaware, U.S.A. You hereby consent to the jurisdiction of and venue in courts located in Delaware State, U.S.A. in all disputes arising out of or relating to the use of the Loudwind Website. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against Loudwind, (or its affiliates). Use of the Loudwind Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Loudwind as a result of this Agreement or use of Loudwind Web Sites. Loudwind's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Loudwind's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Loudwind Web Sites or information provided to or gathered by Loudwind with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and Loudwind with respect to the Loudwind Web Sites.You may not rent, lease, license, grant a security interest in, or otherwise transfer or sublicense your rights hereunder to any third party.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Loudwind Web Sites are: Copyright (c) 2010 Loudwind,LLC. and/or its suppliers,members. All rights reserved.

SERVICEMARKS

Loudwind is a Registered Trademark of Loudwind LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved by Loudwind®.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Webmaster@loudwind.com

FOR INFORMATION REGARDING THE Loudwind® PRIVACY STATEMENT CLICK HERE

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