Effective as of the 24th of May 2018.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Etiam.Engineering, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Content: All content provided on this Website is for informational purposes only. The owner of this Website makes no representations as to the accuracy or completeness of any information on this Website or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information.
- Responsibility of Contact Page users, subscribers to Email Newsletters (if applicable) or registration as a site Administrator or Contributor (not open to the public): If you make material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, that the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content, that the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing), and that the Content is not libelous or defamatory, does not constitute hate speech (including but not limited to racism, sexism, or homophobia), does not contain threats or incite violence towards individuals or entities, is not sexually explicit or otherwise obscene, and does not violate the privacy or publicity rights of any third party. If you delete Content, Etiam.Engineering will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Copyright: Except as permitted by the copyright law applicable to you, you may not reproduce, redistribute, communicate, transmit, store or commercially exploit any of the content on this website, including files downloadable from this website, without the express written permission of the copyright owner, which is Etiam.Engineering. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only.
- Website Precautions: Though Etiam.Engineering takes all reasonable precautions You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable to some people, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Etiam.Engineering disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites: We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Etiam.Engineering links, and that link to Etiam.Engineering. Etiam.Engineering does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, Etiam.Engineering does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Etiam.Engineering disclaims any responsibility for any harm resulting from your use of external websites and webpages.
- Copyright Infringement and DMCA Policy: Etiam.Engineering respects the intellectual property rights of others. If you believe that material located on or linked to by Etiam.Engineering violates your copyright, you are encouraged to notify Etiam Engineering. Etiam.Engineering will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Etiam.Engineering will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Etiam.Engineering or others.
- Intellectual Property: This Agreement does not transfer from Etiam.Engineering to you any Etiam.Engineering or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Etiam.Engineering. Etiam.Engineering, the Etiam Engineering logo, and all other trademarks, service marks, graphics and logos used in connection with Etiam.Engineering, or the Website are trademarks or registered trademarks of Etiam.Engineering or Etiam.Engineering’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Etiam.Engineering or third-party trademarks.
- Advertisements: Etiam.Engineering reserves the right to display advertisements on the Website.
- Changes: Etiam.Engineering reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Etiam.Engineering may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination: Etiam.Engineering may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your WordPress.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties: The Website is provided “as is”. Etiam.Engineering and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Etiam.Engineering nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability: In no event will Etiam.Engineering, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. Etiam.Engineering shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification: You agree to indemnify and hold harmless Etiam.Engineering, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous: This Agreement constitutes the entire agreement between Etiam.Engineering and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Etiam.Engineering, or by the posting by Etiam.Engineering of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Victoria, Australia. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be conducted by a mediator who is independent of the parties and appointed by agreement of the parties or, failing agreement within 7 days of receiving any party’s notice of dispute, by a person appointed by the Chair of Resolution Institute, (ACN 008 651 232, Level 2, 13-15 Bridge Street, Sydney NSW 2000; telephone: 02 9251 3366, email: firstname.lastname@example.org) or the Chair’s designated representative. The Resolution Institute Mediation Rules shall apply to the mediation. The mediation shall take place in Victoria, Australia, in the English language and the decision may be enforced in any court.