National Institute of Aerospace Web Site Terms and Conditions of Use
(“Terms and Conditions of Use”)
By accessing this web site (“Web Site”), you are agreeing to be bound by the most current version of above Terms and Conditions of Use at the time of such use and that you understand and agree that you are responsible for compliance with any applicable laws and regulations.
If you do not agree with any of these Terms and Conditions of Use you are prohibited from using or accessing this Web Site. The materials contained in this Web Site are protected by applicable copyright and trademark law.
2. Use License
a. Permission is granted to temporarily download one copy of the materials (information or software) on this Web Site for personal, non-commercial transitory viewing only. This is a grant of a license, not a transfer of title, and under this license you may not:
i. modify or copy the materials;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on this Web Site;
iv. remove any copyright or other proprietary notations from the materials or any copy you may make of the materials;
v. modify, frame, reproduce, archive, sell, lease, rent, exchange, encumber, hypothecate, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the materials in any way for any public or commercial purpose, except as specifically permitted by the National Institute of Aerospace;
vi. transfer the materials to another person or "mirror" the materials on any other server;
vii. use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute materials (except as may be a result of standard search engine or internet browser usage).
b. Your rights to visit this Web Site shall automatically terminate if you violate any of the restrictions listed in 2(a) above; and your access to this Web Site may be terminated by National Institute of Aerospace at any time without reason or cause.
a. The materials on this Web Site are provided on an "as is" basis. National Institute of Aerospace makes no warranties, expressed or implied, and hereby specifically disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, National Institute of Aerospace does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Web Site or otherwise relating to such materials or on any sites linked to this Web Site;
b. National Institute of Aerospace disclaims any warranty that (i) this Web Site will meet your requirements, (ii) this Web Site’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of this Web Site will be accurate or reliable (and the National Institute of Aerospace specifically disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.
c. You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through this Web Site. National Institute of Aerospace shall have no liability for any damage to your computer, including loss of data that results from your downloading any such materials.
d. You represent and warrant that you are not a minor and you have the legal right and capacity to enter into these Terms and Conditions of Use in your jurisdiction and to comply with these Terms and Conditions of Use or, if you are a minor, your parent or legal guardian has read and agreed to these Terms and Conditions of use on your behalf; or;
e. You represent and warrant that all information you provide to the National Institute of Aerospace is true, accurate, complete and current; and
f. You represent and warrant that you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under this Terms and Conditions of Use and to grant the rights granted under these Terms and Conditions of Use.
In no event shall National Institute of Aerospace, it’s officers, directors, employees, any affiliate, or suppliers be liable for any damages (including, without limitation, incidental, special, consequential, punitive, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on National Institute of Aerospace's Internet site, even if National Institute of Aerospace or a National Institute of Aerospace authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
BY ACCESSING THIS WEB SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
You agree to defend, indemnify, and hold the National Institute of Aerospace, its Directors, Officers, Employees, its subsidiaries harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) (“Losses”) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of this Web Site; or (b) claims for infringement of the proprietary rights of any third party resulting from your use of this Web Site.
6. Revisions and Errors
The materials appearing on National Institute of Aerospace's web site could include technical, typographical, or photographic errors. National Institute of Aerospace does not warrant that any of the materials on its web site are accurate, complete, or current. National Institute of Aerospace may make changes to the materials contained on its web site at any time without notice. National Institute of Aerospace does not, however, make any commitment to update the materials.
National Institute of Aerospace has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by National Institute of Aerospace of the site. Use of any such linked web site is at the user's own risk. You expressly acknowledge and agree that we are in no way responsible or liable for any third party content or third party web site, including, without limitation, third party policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to, or arising from those third parties. Your correspondence and business dealings with others found on or through the Web Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the third party.
9. Ownership of Web Site Materials
Unless otherwise specified in writing on this Web Site, all materials that are part of this Web Site (including past, present and future versions), including, without limitation: graphics; layout; text; images; audio and/or video; designs; advertising copy; logos; domain names; trade names and marks; service marks and trade identities; any and all copyrightable material (including source and object code); the "look and feel" of this Web Site; the compilation, assembly and arrangement of the materials of this Web Site; moral rights; all content provided by you, and all other materials related to this Web Site are owned, controlled or licensed by the National Institute of Aerospace and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Your ability to use the materials on this Web Site is governed by this Terms and Conditions of Use.
10. Governing Law
Any claim relating to this Web Site shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions.
11. Miscellaneous Provisions
a. The failure of the National Institute of Aerospace to act with respect to a breach of these Terms and conditions of Use by you or others does not constitute a waiver and will not limit the National Institute of Aerospace rights with respect to such breach or any subsequent breaches. All waivers of the Terms and Conditions of use must be in writing and signed by a duly authorized officer of the National Institute of Aerospace.
b. Neither the course of conduct nor trade practices between you nor the National Institute of Aerospace will serve as an act to modify these Terms.
c. The National Institute of Aerospace may assign all of its rights and obligations duties under this Terms and Condition of Use to any party at any time without any notice to You. These Terms and Conditions of Use may not be assigned by you without the National Institute of Aerospace’s prior written consent; and said assignment must be in writing and signed by a duly authorized officer of the National Institute of Aerospace.
d. If any provision of these Terms and Conditions of Use shall be declared unlawful, void, or for any reason unenforceable by a court of law, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.
e. Upon National Institute of Aerospace’s request, you will furnish the National Institute of Aerospace any documentation, substantiation or releases necessary to verify your compliance with these Terms and Conditions of Use.
f. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect.
g. You agree that these Terms and Conditions of Use will not be construed against the National Institute of Aerospace by virtue of the National Institute of Aerospace having drafted them.
13. Web Site Community Rules
National Institute of Aerospace sponsors and coordinates the use of a number of web sites that provide for discussion forums, blogs, reality world access, that permit the users to interact with each other on these web sites and to post content and materials for display on these web-sites. National Institute of Aerospace will be the final arbiter on any complaints provided to the National Institute of Aerospace by the web-site user and will take any and all steps, up to and including termination of a user’s right to access these types of web sites in order to resolve a complaint. In the event that a complaint is made by a user to the National Institute of Aerospace that the National Institute of Aerospace, believes to be a criminal violation of a local, state or federal law, National Institute of Aerospace will forward the complaint to the appropriate law enforcement division for disposition. National Institute of Aerospace is not responsible for any personally identifiable information that you choose to submit in any forum, sharing of your profile, or sharing in the resources you contribute or otherwise disclose on this Web Site or any other web site that the National Institute of Aerospace manages or hosts.
14. Entire Agreement; Modification and Termination
National Institute of Aerospace reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any materials, information or content available on this Web Site, including, without limitation, any functionality or features in or on this Web Site, in each case in whole or in part, including the cessation of all activities associated with this Web Site, with or without notice. You agree that the National Institute of Aerospace will not be liable to you or to any third party for any modification, suspension or discontinuance of this Web Site or any part thereof.
National Institute of Aerospace reserves the right to change or modify these Terms and Conditions of Use at any time. These Terms and Conditions will not be modified except in writing, as posted on this Web Site by the National Institute of Aerospace. Any change or modification made by the National Institute of Aerospace will be effective immediately upon posting on this Web Site and your continued use of this Web Site means that you have agreed to accept any changes or modifications made by the National Institute of Aerospace.
The Effective Date of these Terms and Conditions of Use is June 1, 2010.
National Institute of Aerospace
100 Exploration Way
Hampton, Virginia 23666
(757) 325-6700 Main Number
Inquiries concerning the Web Site Terms and Conditions of Use should be directed to:
Dr. Karl L. Drews
Vice President of Operations
National Institute of Aerospace
100 Exploration Way
Hampton, Virginia 23666
(757) 325-6710 Direct
© 2010 National Institute of Aerospace