1. Acceptance of Terms and Conditions of Use
PowerstrokeDatabase.com provides technical articles and sujects of interest, classified ads and other services subject to the following Terms and Conditions of Use, which may be updated by PowerstrokeDatabase.com from time to time. You can review the most current version at: http://www.powerstrokedatabase.com/terms_conditions.php or click the link in the menu. By using any service on this site, you are agreeing to comply with these Terms and Conditions of Use and all posted guidelines. If you disagree with us, don't use our service.
PowerstrokeDatabase.com for the sake of this contract is defined as PowerstrokeDatabase.com, affiliated sites, parent organization and sponsors.
2. Privacy and Information Disclosure
PowerstrokeDatabase.com has established a Privacy Policy to explain to users how their information is collected and used, located at http://www.powerstrokedatabase.com/privacy.php or click the link in the menu. Your use of the PowerstrokeDatabase.com website or the services on this site signifies acknowledgement of and agreement to our Privacy Policy.
3. Exposure to Content
Some content on this site, we have control over and some we don't. You understand that by using the services on this site, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the PowerstrokeDatabase.com site and content available through the services on this site may contain links to other websites, which are completely independent of PowerstrokeDatabase.com. PowerstrokeDatabase.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. You click to any other website from this site at your own risk and that under no circumstances will PowerstrokeDatabase.com be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise made available. PowerstrokeDatabase.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any content that is available on this site, for any reason.
Furthermore, you use the content of this site at your own risk. You agree to hold PowerstrokeDatabase.com and the writers harmless for any error, misrepresentaion and or negligence in any article and you further accept the responsibility that it is your obligation to determine the reasonableness and/or safety of any thing recommended on this site before you use it or put it into practice.
4. Buying and Selling
IF YOU SELL ANYTHING ON OR THROUGH THIS SITE, you agree to perform as contracted and render any and every product or service paid for by any other individual or organization. You further agree to hold PowerstrokeDatabase.com harmless against any claims for misrepresentation, damages, loss of income, etc.
IF YOU BUY ANYTHING ON OR THROUGH THIS SITE, you agree your relationship is singularly with the individual or organization that you contracted with or purchased from. You further agree to hold PowerstrokeDatabase.com harmless against any claims for misrepresentation, damages, loss of income, etc. To the fullest extent permitted by law, PowerstrokeDatabase.com disclaims any warranties for other services or goods received through or advertised on the PowerstrokeDatabase.com site or the sites or service, or accessed through any links on the PowerstrokeDatabase.com site.
5. Conduct and Submitted Content
You agree not to post, email, or otherwise make available: 1) content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy; 2) content that is pornographic; 3) content that falsely states or otherwise misrepresents your affiliation with a person or entity; 4) content that is false, deceptive, misleading, deceitful, mis-informative, or constitutes "bait and switch"; 5) content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 6) content that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes,"; 7) content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the services on this site, or that otherwise negatively affects other users' ability to use the services on this site; 8)content that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the services on this site.
You agree not to: 1) contact anyone who has asked not to be contacted; 2) "stalk" or otherwise harass anyone; 3) collect personal data about other users for commercial or unlawful purposes; 4) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the services on this site - unless expressly permitted by PowerstrokeDatabase.com; 5) post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; 6) post the same item or service in more than one classified category; 7) or attempt to gain unauthorized access to PowerstrokeDatabase.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the PowerstrokeDatabase.com website.
Furthermore, you authorize PowerstrokeDatabase.com to post all submitted information in the display of your ad(s) or submitted content AND you agree that PowerstrokeDatabase.com may preserve or disclose your content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process or respond to claims that any content violates the rights of third-parties or the general public, including but not limited to copyright infringement, harassment.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to PowerstrokeDatabase.com email addresses or through our systems is expressly prohibited by these Terms and Conditions of Use and is a violation of the law. Such violations may subject the sender and /or agents to civil and criminal penalties.
7. Limitations on Service
You acknowledge that PowerstrokeDatabase.com may establish limits concerning use of the services on this site, including the maximum number of days that content will be retained, the maximum number and size of postings or other content and the frequency with which you may access the services on this site. You agree that PowerstrokeDatabase.com has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the services on this site. You acknowledge that PowerstrokeDatabase.com reserves the right at any time to modify or discontinue the services on this site (or any part thereof) with or without notice, and that PowerstrokeDatabase.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services on this site.
8. Termination of Service
You agree that if you violate the Terms and Conditions of Use, PowerstrokeDatabase.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the services on this site(or any part thereof), immediately and without notice, and remove and discard any content within the services on this site.
9. Indemnity
You agree to indemnify and hold PowerstrokeDatabase.com, its officers, subsidiaries, affiliates, successors, assigns, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the services on this site, your use of the services on this site, your violation of the Terms and Conditions of Use, your breach of any of the representations and warranties herein, or your violation of any rights of another.
10. Disclaimer of Warranties
You agree that use of the PowerstrokeDatabase.com site and the services on this site is entirely at your own risk. All services on this site are provided "as is" or "as available," without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, PowerstrokeDatabase.com disclaims any warranties for viruses or other harmful components in connection with the PowerstrokeDatabase.com site or the services on this site.
11. Limitations of Liability
Under no circumstances shall PowerstrokeDatabase.com be liable for direct, indirect, incidental, special, consequential or exemplary damages (even ifPowerstrokeDatabase.com has been advised of the possibility of such damages), resulting from any aspect of your use of the PowerstrokeDatabase.com site, whether the damages arise from use or misuse of the PowerstrokeDatabase.com site, from inability to use the PowerstrokeDatabase.com site, or the interruption, suspension, modification, alteration, or termination of the PowerstrokeDatabase.com site. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the PowerstrokeDatabase.com site or the services on this site or any links on the PowerstrokeDatabase.com site, as well as by reason of any information or advice received through or advertised in connection with the PowerstrokeDatabase.com site or the services on this site or any links on the PowerstrokeDatabase.com site. These limitations shall apply to the fullest extent permitted by law.
12. General information
The Terms and Conditions of Use constitute the entire agreement between you and PowerstrokeDatabase.com and govern your use of the services on this site, superceding any prior agreements between you and PowerstrokeDatabase.com. The Terms and Conditions of Use and the relationship between you and PowerstrokeDatabase.com shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You and PowerstrokeDatabase.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Kootenai, Idaho.
The failure of PowerstrokeDatabase.com to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use 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 Terms and Conditions of Use remain in full force and effect. 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 services on this site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
13. Proprietary Rights
Everything that is the exclusive content of PowerstrokeDatabase.com is the property of same and is protected by copyright and trademark laws. All content displayed for and by other companies on this site are the exclusive property of the respective individual or organization.
14. Copyright & Other Property Violations
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 notify PowerstrokeDatabase.com for notice of claims of copyright or other intellectual property infringement, dallc@cougargulch.com or mail to: PowerstrokeDatabase.com, c/o DA Enterprises, LLC., PO Box 1289, Rathdrum, ID 83858. Please provide us with the following notice: 1) Identify the copyrighted work or other intellectual property that you claim has been infringed; 2) Identify the material on the PowerstrokeDatabase.com site that you claim is infringing, with enough detail so that we may locate it on the website; 3) 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; 4) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; 5) Your address, telephone number, and email address; and 6) Your physical or electronic signature. PowerstrokeDatabase.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).
15. Violations of Terms and Conditions of Use
Please report any violations of the Terms and Conditions of Use, by flagging the posting(s) for review, or by emailing to dallc@cougargulch.com.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
All Content © 2003 - 2008 PowerstrokeDatabase.com
Use of this site means that you agree to our Terms and Conditions and our Privacy Policy.
If you do not agree to these terms, please do not use our site. Thank you.
DieselDatabase.com is not owned by nor associated with any name brands listed within this site.
Product and brand identification, trademarks, logos, etc. are the property of their respective owners.
All articles that are not copyright by others (but herein used by permission) are copyright by DieselDatabase.com.
Domain and web design are the property of Diesel Network, a division of Cougar Gulch Group, LLC