Terms and Conditions
Exclusion of Warranties
This site is provided “as-is”. We do not warrant, represent or guarantee: (a) the accuracy of the information published on this website; (b) the completeness of the information published on this website; (c) that the information published on this website is up-to-date or (d) or the information on the website can be applied to achieve any particular result. To the maximum extent permitted by applicable law we exclude all representations, warranties and guarantees relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). American Power Group, Inc., does not represent or warrant that the functions contained in the website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the website available are free of viruses or other harmful components.
Limitations of Liability
Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature and in any event, we will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control, in respect of any loss of or damage to profits, income, revenue, anticipated savings or goodwill nor in respect of any special, indirect or consequential loss or damage or in respect of any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.
From time to time the website or features of the website may be unavailable. Such unavailability may be the result of defects in the website software, scheduled or emergency maintenance procedures, or failures of third-party service providers. We do not commit to ensuring that the website will be available at any particular time. Furthermore, we do not commit to ensure that the website will continue to be published in the future.
License to Use Website
Unless otherwise stated, we or our licensors own the intellectual property rights in this website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or sub-license material from the website; (c) show any material from the website in public; (d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose; (e) edit or otherwise modify any material on the website; or (f) redistribute material from this website, except for content specifically and expressly made available for redistribution such as a newsletter.
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. You must not use our website to transmit or send unsolicited commercial communication. You must not use our website for any purposes related to marketing without our express written consent.
In these terms and conditions of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in any existing or future media. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms and conditions. Your content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). Your content (and its publication on our website) must not: (a) be libelous or false; (b) be violent, threatening, obscene or indecent; (c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right; (d) be untrue, false, inaccurate or misleading; or (e) constitute spam. You must not use our website to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website. Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our website. If you become aware of any content on the website that breaches these terms and conditions, please notify us immediately by email or using our website contact form.
Third Party Websites
Our website may include hyperlinks to other websites owned and operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in defending or settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breach of Terms and Conditions
Without prejudice to our other rights, if you breach these terms and conditions of use in any way, or if we reasonably suspect that you have breached these terms and conditions of use in any way, we may: (a) temporarily suspend your access to the website; (b) permanently prohibit you from accessing the website; (c) block computers using your IP address from accessing the website; (d) contact your internet services provider and request that they block your access to the website; (e) bring court proceedings against you for breach of contract or otherwise; and/or (f) suspend and/or delete your account with the website. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
Trademarks and Copyright
This site including all text, design, graphics, branding, information, data, content, and other material displayed on or that can be downloaded from this site are proprietary and protected by applicable copyright, trademark and/or other applicable law and may not be used except as specifically permitted herein or with the express prior written permission in each instance of American Power Group, Inc., or the owner of such material The contents (including without limitation, the look and feel, all text, photographs, images, video and audio) of this site are the copyright of American Power Group, Inc. All rights are reserved. You may not modify the information or materials displayed on or that may be downloaded from this site or create derivative works in part or in full in any way or reproduce or publicly display, transmit, post, perform, sell, license, distribute or otherwise use or exploit any such information or materials from this site for any public or commercial purpose. Any unauthorized use of any such information or materials may violate applicable copyright laws, trademark laws, international treaties, laws of privacy and publicity, and other laws and regulations and is prohibited. American Power Group, Inc., further retains all rights with respect to its trademarks, trade names, brand names and trade dress. These trademarks, tradenames, brand names and trade dress, and all associated logos or images, are trademarks of American Power Group, Inc., and are protected by applicable law. No license to the use of such trademarks, tradenames, brand names or trade dress is granted to you under these terms and conditions or by your use of the site. Your misuse of the trademarks, tradenames, brand names or trade dress displayed on the site is strictly prohibited including but not limited to the use of American Power Group, Inc., trademarks or names in metatags and/or hidden text, as is prohibited the use of American Power Group, Inc., trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines. Your linking to any page on this site is prohibited absent express written permission from American Power Group, Inc. Framing, inline linking or other association of this site or its or its supplier’s software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the American Power Group, Inc., site is expressly prohibited. Any permitted links to this site must comply will all applicable laws, rule and regulations. In the event of a violation of these prohibitions and/or applicable laws and regulations, American Power Group, Inc., reserves the right to all civil and criminal remedies available at law or in equity to the fullest extent of the law. American Power Group, Inc., reserves the right to block or deny access to the site to anyone at any time for any reason.
We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. You hereby agree that we may transfer, sub-contract or otherwise deal with any or all of our rights and/or obligations under these terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. These terms and conditions are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party. These terms and conditions constitute the entire agreement between you and us in relation to your use of our website and supersede all previous agreements in respect of your use of this website. In the event of a dispute with respect to these terms and conditions, the prevailing party shall be entitled to its reasonable attorneys’ and paralegals’ fees and costs at all pre-trial, trial and appellate levels. These terms and conditions will be governed by and construed in accordance with Illinois law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Cook County, Illinois.