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Helping Restore Old Windmills One at a Time.......
But it's important you understand the fine print.
Use of this website constitutes your acceptance of the Terms of Service Agreement
as described below. We appoligize if you are offended by the use conditions we have created. If for any reason you do not
feel you can meet the expectations set forth we request you exit our site at once. Thank you.
TERMS OF SERVICE AGREEMENT (TOS)
1. ACCEPTANCE OF TERMS
The Vintage Windmill Parts List website ("VWPL") welcomes you. VWPL provides its service to you, subject
to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition,
when using particular VWPL owned or operated services, you and VWPL shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference
into the TOS.
2. DESCRIPTION OF SERVICE
VWPL provides users with access to a rich collection of resources which may be accessed through any various
medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include
advertisements and that these advertisements are necessary for VWPL to provide the Service. Unless explicitly stated otherwise,
any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the
Service is provided "AS-IS" and that VWPL assumes no responsibility for the timeliness, deletion, mis-delivery or failure of
any site communications or personalization settings. You are responsible for obtaining access to the Service and that
access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those
fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are
responsible for all equipment necessary to access the Service.
3. INDEMNITY
You agree to indemnify and hold VWPL, and its subsidiaries, affiliates, officers, agents, co-branders or other
partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of Content you download through the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
4. NO RESALE OF SERVICE OR CONTENT
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any
portion of the Service, use of the Service, its Content, or access to the Service.
5. VWPL PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected
by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements
or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly authorized by VWPL or advertisers, you agree not to modify,
rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
6. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. VWPL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. VWPL MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE
WILL MEET YOUR EXPECTATIONS. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
VWPL OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. e. A SMALL PERCENTAGE OF USERS
MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING
THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR
SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING
THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING
SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
7. TRADEMARK INFORMATION
The Site contains copyrighted material, trademarks and other proprietary information, and the Site itself
is copyrighted. Vintage Windmill Parts List. and other marks indicated on the Site are registered trademarks or servicemarks
of Vintage Windmill Parts List. in the United States and in other countries. VWPL graphics, logo, headers, button icons, scripts,
and service names are trademarks or trade dress of Vintage Windmill Parts List. VWPL trademarks and trade dress may not be
used in connection with any product or service that is not VWPL, in any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits VWPL. All other trademarks not owned by us that appear on the Site are property
of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit,
publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express
prior written consent of VWPL and any other trademark, copyright or other proprietary rights owner. You may request written
consent via email to windmill.parts@ juno.com and/or a paper copy to Vinatge Windmill Parts List, 5813 N. Candlestick
Corner Rd, Centerpoint, IN 47840. Failure of VWPL to respond may not be deemed as a waiver to VWPL exclusive right
of consent.
8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
VWPL respects the intellectual property of others, and VWPL asks our users to do the same. VWPL may, in appropriate
circumstances and at its discretion, disable and/or terminate access to Content. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please
provide VWPL Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright
or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you
claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your
address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized
to act on the copyright or intellectual property owner's behalf.
VWPL Agent for Notice of claims of copyright or other intellectual property infringement can be reached as
follows:
By mail: Copyright Agent c/o Vintage Windmill Parts List, 5813 N.Candlestick Corner Rd, Centerpoint,
IN 47840
9. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and VWPL and governs your use of the
Service, superseding any prior agreements between you and VWPL with respect to the Service. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other VWPL services, affiliate services, third-party
content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and VWPl shall be governed by the laws of
the State of Indiana without regard to its conflict of law provisions. You and VWPL agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of Vigo County, Indiana.
Waiver and Severability of Terms. The failure of VWPL to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions
as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
Arbitration. Any dispute you may have with VWPL or any of its officers, directors, employees, consultants,
agents, subsidiaries or affiliates relating in any way to this agreement or your visit to or use of the Site shall be submitted
to confidential arbitration in Vigo County, Indian, except that, to the extent that VWPL believes that you have in any
manner violated or threatened to violate our intellectual property rights, VWPL may seek injunctive or other appropriate relief
in any state or federal court in Indiana, and you consent to exclusive jurisdiction and venue in any such court, and you waive
any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment
in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us,
no arbitration under this agreement shall be joined to any arbitration involving any other party, whether through class arbitration
proceedings or otherwise.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
10. VIOLATIONS
Please report any violations of the TOS via email to windmill.parts@ juno.com and a paper copy to Vinatge
Windmill Parts List, 5813 N. Candlestick Corner Rd, Centerpoint, IN 47840
While the provisions outlined in the TOS apply equally to all users of this website we deem
it important to specifically note that Brad Anthenat, Bryon Rykard, Paul Berhends, Ellen Sattler, Todd Skinner or any
individuals visiting this website on thier behalf, are forbidden from using the Service or accessing its Content
by any means.
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