Terms of Service
When you visit the PERSIMIA website or send e-mails to us, you are communicating with us electronically. You are consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is copyrighted property of PERSIMIA, LLC.
PERSIMIA, LLC, authorizes you to view, upload and download the materials at this website only for wind turbine planning information purposes, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this website in any way or reproduce, publicly display, perform, distribute, or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this website are copyrighted and any unauthorized use of any materials at this website may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this website automatically terminates and you must immediately destroy any downloaded or printed materials.
THE MATERIALS (INCLUDING ALL SOFTWARE) AND SERVICES AT THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. PERSIMIA 's obligations with respect to its products and services are governed solely by the agreements under which they are provided and nothing on this website should be construed to alter such agreements. PERSIMIA further does not warrant the accuracy and completeness of the materials, software or services at this website. PERSIMIA may make changes to the materials and services at this website, or to the products and prices described in them, at any time without notice. The materials and services at this website may be out of date, and PERSIMIA makes no commitment to update the materials and services at this website. Information published at this website may refer to products, programs or services that are not available in your country. PERSIMIA does not warrant that the website will be available at all times or that the information on the website is complete, true and accurate. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.
To the extent permitted by law, PERSIMIA makes no warranty, either implied or express, that any part of the website will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, or of any quality, nor is it warranted either implicitly or expressly that any content is safe in any manner for download. You understand and agree that PERSIMIA does not provide professional advice of any kind and that any advice or any other information obtained via this website service is to be used solely at your own risk.
PERSIMIA takes no responsibility and assumes no liability for any content stored or uploaded by you or any third party, or for any loss or damage thereto.
Limitation of Liability
IN NO EVENT WILL PERSIMIA , ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT THIS WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT PERSIMIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, do not use this website.
You accept that, as a limited liability entity, PERSIMIA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PERSIMIA officers or employees in respect of any losses you suffer in connection with the use of website.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
You hereby indemnify PERSIMIA and undertake to keep PERSIMIA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PERSIMIA to a third party in settlement of a claim or dispute on the advice of PERSIMIA’s legal advisers) incurred or suffered by PERSIMIA 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.
Use of Software
Any software that is made available to download from this website is the copyrighted work of PERSIMIA and/or its suppliers.
License to Use Website
Unless otherwise stated, PERSIMIA owns the intellectual property rights in the 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.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- Redistribute material from this website [except for content specifically and expressly made available for redistribution].
You must not use this 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 this 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 this website without express consent by PERSIMIA.
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit and/or upload to this website, for whatever purpose.
PERSIMIA does not want to receive confidential or proprietary information from you through this website. Any material, information or other communication ("Communications") you transmit or post to this website will be considered non-confidential and non-proprietary. PERSIMIA will have no obligations with respect to the Communications. PERSIMIA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Personally identifiable information that you submit to PERSIMIA for the purpose of receiving products or services will be handled in accordance with the PERSIMIA online privacy statement.
You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. Your user 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 PERSIMIA or a third party.
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.
PERSIMIA reserves the right to edit or remove any material submitted to this website, or stored on PERSIMIA’s servers, or hosted or published upon this website.
Breaches of These Terms and Conditions
Without prejudice to PERSIMIA other rights under these terms and conditions, if you breach these terms and conditions in any way, PERSIMIA may take such action as PERSIMIA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
PERSIMIA may transfer, sub-contract or otherwise deal with PERSIMIA rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your 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 constitute the entire agreement between you and PERSIMIA in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
PERSIMIA administers this website from its offices in Atlanta, Georgia. PERSIMIA makes no representation that materials or services at this website are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the materials or services at this website or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this website from outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws. These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. PERSIMIA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this website.