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Terms
of Use
Chopper Builders LLC operates this Site to
provide online access to information about the products, services, and
opportunities we provide (the "Service"). By accessing and
using this Site, you agree to each of the terms and conditions set forth herein.
Additional terms and conditions applicable to
specific areas of this Site or to particular content or transactions are also
posted in particular areas of the Site and, together with these Terms of Use,
govern your use of those areas, content or transactions. These Terms of Use,
together with applicable additional terms and conditions, are referred to as
this "Agreement".
Chopper Builders LLC reserves the right to modify
this Agreement at any time without giving you prior notice. Your use of the Site
following any such modification constitutes your agreement to follow and be
bound by the Agreement as modified. The last date these Terms of Use were
revised is set forth below.
1. Use of Site
You may use the Service, the Site, and the information, writings, images and/or
other works that you see, hear or otherwise experience on the Site (singly or
collectively, the “Content”) solely for your non-commercial, personal
purposes and/or to learn about our products and services. No right, title or
interest in any Content is transferred to you, whether as a result of
downloading such Content or otherwise. Chopper Builders LLC reserves complete
title and full intellectual property rights in all Content. Except as expressly
authorized by this Agreement, you may not use, alter, copy, distribute,
transmit, or derive another work from any Content obtained from the Site or the
Service, except as expressly permitted by the Terms of Use.
2. Copyright
The Site and the Content are protected by U.S. and/or foreign copyright laws,
and belong to Chopper Builders LLC or its partners, affiliates, contributors or
third parties. The copyrights in the Content are owned by Chopper Builders LLC
or other copyright owners who have authorized their use on the Site. You may
download and reprint Content for non-commercial, non-public, personal use only.
(If you are browsing this Site as an employee or member of any business or
organization, you may download and reprint Content only for educational or other
non-commercial purposes within your business or organization, except as
otherwise permitted by Chopper Builders LLC, for example in certain
password-restricted areas of the Site.
3. Trademarks
You are prohibited from using any of the marks or logos appearing throughout the
Site without permission from the trademark owner, except as permitted by
applicable law.
4. Links to Third-Party Web Sites
Links on the Site to third party web sites or information are provided solely as
a convenience to you. If you use these links, you will leave the Site. Such
links do not constitute or imply an endorsement, sponsorship, or recommendation
by Chopper Builders LLC of the third party, the third-party web site, or the
information contained therein. Chopper Builders LLC is not responsible for the
availability of any such web sites. Chopper Builders LLC is not responsible or
liable for any such web site or the content thereon. If you use the links to the
web sites of Chopper Builders LLC affiliates or service providers, you will
leave the Site, and will be subject to the terms of use and privacy policy
applicable to those web sites.
5. Downloading Files
Chopper Builders LLC cannot and does not guarantee or warrant that files
available for downloading through the Site will be free of infection by software
viruses or other harmful computer code, files or programs. However we endeavor
to keep our site and downloads virus free by using McAfee Site Advisor services
to monitor our data.
6. Disclaimer of Warranties
CHOPPER BUILDERS LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT.
CHOPPER BUILDERS LCC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY
PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. CHOPPER BUILDERS
LLC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN
THE SITE OR THE SERVICE WILL BE CORRECTED. CHOPPER BUILDERS LLC DOES NOT
WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE
CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON
AN “AS IS” AND “AS AVAILABLE” BASIS.
7. Limitation of Liability
IN NO EVENT WILL CHOPPER BUILDERS LCC BE LIABLE FOR ANY DAMAGES WHATSOEVER,
INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY
TO USE THE SITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS,
OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT,
(IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V)
ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF
CHOPPER BUILDERS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU
ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
8. Indemnification
You understand and agree that you are personally responsible for your behavior
on the Site. You agree to indemnify, defend and hold harmless Chopper Builders
LLC, its parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents, and any third-party
information providers to the Service from and against all claims, losses,
expenses, damages and costs (including, but not limited to, direct, incidental,
consequential, exemplary and indirect damages), and reasonable attorneys' fees,
resulting from or arising out of your use, misuse, or inability to use the Site,
the Service, or the Content, or any violation by you of this Agreement.
9. User Conduct
You agree to use the Site only for lawful purposes. You agree not to take any
action that might compromise the security of the Site, render the Site
inaccessible to others or otherwise cause damage to the Site or the Content. You
agree not to add to, subtract from, or otherwise modify the Content, or to
attempt to access any Content that is not intended for you. You agree not to use
the Site in any manner that might interfere with the rights of third parties.
10. Password Security
If you register to become a Site member, you are responsible for maintaining the
confidentiality of your member identification and password information, and for
restricting access to your computer. You agree to accept responsibility for all
activities that occur under your member identification and password.
11. General Provisions
a. Entire Agreement/No Waiver. These Terms of Use constitute
the entire agreement of the parties with respect to the subject matter hereof.
No waiver by Chopper Builders LLC of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
b. Correction of Errors and Inaccuracies.
The Content may contain typographical errors or other errors or inaccuracies and
may not be complete or current. Chopper Builders LLC therefore reserves the
right to correct any errors, inaccuracies or omissions and to change or update
the Content at any time without prior notice. Chopper Builders LLC does not,
however, guarantee that any errors, inaccuracies or omissions will be corrected.
c. Enforcement/ Choice of Law/ Choice of
Forum. If any part of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, it will not impact any
other provision of this Agreement, all of which will remain in full force and
effect. Any and all disputes relating to this Agreement, our Privacy Policy,
your use of the Site, the Service, or the Content are governed by, and will be
interpreted in accordance with, the laws of the State of California, without
regard to any conflict of laws provisions.
d. Claims of Copyright Infringement.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement should be sent to Service Provider's Designated
Agent. See our Notice and Procedure for Making
Claims of Copyright Infringement.
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