Terms - Conditions

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Stirling Energy Systems Online Terms & Conditions

THIS PAGE AND ALL WEB PAGES FOUND AT THE WEBSITE OF STIRLING ENERGY SYSTEMS CURRENTLY FOUND AT (WWW.STIRLINGENERGY.COM) (TOGETHER THE "SITE") ARE OWNED BY STIRLING ENERGY SYSTEMS, INC. ("STIRLING"). PLEASE READ THESE CONDITIONS OF USE (THE "AGREEMENT") CAREFULLY AS BY USING THE SITE YOU WILL BE DEEMED TO HAVE AGREED TO BE BOUND BY THEM. STIRLING MAY AMEND OR CHANGE THESE TERMS AND CONDITIONS, AT ANY TIME, WITHOUT NOTICE TO YOU. YOU SHOULD REVIEW THESE TERMS AND CONDITIONS ON A REGULAR BASIS, AND MUST CONSULT THE MOST RECENT VERSION OF THIS AGREEMENT (AND NOT AN OLDER CACHED VERSION) EACH TIME YOU VISIT THE SITE, AS YOU WILL BE DEEMED TO HAVE ACCEPTED VARIATIONS IF YOU CONTINUE TO USE THE SITE AFTER THEY HAVE BEEN POSTED. USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF ALL OF THE FOLLOWING TERMS AND CONDITIONS, IN THEIR CURRENT FORM OR AS MODIFIED, JUST AS IF YOU HAD SIGNED THIS AGREEMENT. YOU MAY NOT ACCESS THIS SITE IF YOU ARE UNDER 13 YEARS OF AGE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

You acknowledge and agree as follows:

The contents of the Site are for general informational purposes only, are not intended for trading purposes and do not purport to provide advice, make any offer, and except for this Agreement and our Privacy Policy create or lead to the creation of any legally enforceable relationship between Stirling and you. No reliance should be placed on any information available on the Site, whether for investment purposes or otherwise. Neither the Site nor any information contained or referred to in the Site is or should be construed as an offer or invitation (to the public or otherwise) to (i) trade in, or as advice in respect of, the buying, selling, subscribing for or underwriting of any investment in Stirling, or any of its affiliates, including but not limited to its partner company, NTR plc, or (ii) exercise any right conferred by any investment in Stirling or NTR plc to acquire, dispose of, underwrite or convert any investment in Stirling or NTR plc.

Ownership

Stirling is the owner of the Site. This Site contains information, including without limitation text, graphics, photographs, graphs, charts, sounds, data, images, audio, video, page headers, software (including HTML and other scripts), buttons, and other icons, which information, as well as its arrangement and compilation (collectively, the "Information") is either owned or licensed by Stirling.

Copyright and Trademark Notice

All Information associated with the Site is copyrighted by Stirling Energy Systems, Inc. Copyright 2008. All rights reserved. The Site and Information is the valuable, exclusive property of Stirling or its licensors and nothing in this Agreement shall be construed as transferring or assigning any such ownership rights to you or any other person or entity. The Information is protected by contract law and various intellectual property laws, including domestic and international copyright laws. Except as permitted in this Agreement, you may not copy, adapt, distribute, commercially exploit, or publicly display the Information or any portion thereof in any manner whatsoever without Stirling's prior written consent. You may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of the Information.

Stirling Energy Systems Inc., and its associated logos, and all page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, or registered trademarks of Stirling, or its affiliates. All other product names and company logos mentioned on the Site or Information are trademarks of their respective owners. Images of people or places displayed on the Site are either the property of, or used with permission by, Stirling. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these terms and conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright, trademark, privacy, publicity, or communications laws, regulations, or statutes. The Information is protected by intellectual property laws and may not be reproduced or appropriated in any manner without written permission of their respective owners.

License Grant

Stirling grants you a limited, revocable, worldwide, non-exclusive, and non-transferable license to use the Site. You may download, view, copy, and print the Information incorporated into this Site solely for your non-commercial use, provided that any copy has attached to it any relevant proprietary notices and/or disclaimers.

Use Restrictions

(a) Notwithstanding the foregoing license grant, you may not resell, redistribute, broadcast or transfer the Information or use the Information in a searchable, machine-readable database or file except through the authorized access to the Site. Unless separately and specifically authorized in writing by Stirling, you may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, modify, create derivative works, store or time-share the Site, any part thereof, or any of the Information received or accessed therefrom to or through any other person or entity. By accessing the Site, you agree not to redistribute the Information found therein, including the modification of any information or the reposting of any information to other websites. You may not "frame" any material contained on this Site unless authorized in writing by Stirling. Access to the Site without the authorization of Stirling is strictly prohibited.

(b) You agree to use the Site and Information for lawful purposes only. You agree not to post, transmit, or submit any information through the Site which (i) infringes the rights of others or violates their privacy or publicity rights, (ii) is inaccurate, stale, unlawful, threatening, abusive, defamatory, libelous, vulgar, obscene, profane, indecent or otherwise objectionable, (iii) is protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right, or (iv) contains unauthorized or malicious software such as viruses.

Linking and Third Party Information

No third party is permitted to link any other website to the Site without obtaining the prior written consent of Stirling. You may not use any of Stirling's proprietary logos, marks, or other distinctive Information found on the Site in your links, without Stirling's express written permission, which Stirling may withhold in its discretion. You may not link in any manner reasonably likely to: i) imply affiliation with or endorsement or sponsorship by Stirling or any of Stirling's officials, staff or other members of Stirling; ii) cause confusion, mistake, or deception; iii) dilute Stirling's trademarks or service marks; or iv) otherwise violate applicable laws. This Site may contain links to other websites, including the website of NTR plc. These links are provided for informational purposes only, and Stirling does not sponsor or endorse and is not affiliated with any linked entity unless expressly stated. Stirling makes no representations and assumes no responsibility for your use of links provided on the Site. Use such links at your own risk. Hypertext links to or contact details in respect of websites provided by third parties are included in the Site for information purposes only. Stirling Energy Systems is not responsible for the content of any other website from which you have accessed the Site or to which you may hyperlink from the Site and makes no representation as to the accuracy of information displayed on these third party websites.

Stirling Energy Systems is not liable for any loss or damage you incur (however arising) as a result of your use of any other site from which you hyperlink to or from the Site. Stirling is reliant upon third parties for information provided in the Site. Stirling publishes this content as supplied to it and is not responsible for its accuracy or timeliness. You must take appropriate steps to verify this information before acting upon it.

Modification

Stirling reserves the right to modify or update the terms and conditions of this Agreement and of the Site. Such modifications may include, without limitation, discontinuance or modification of various features of the Site, discontinuance or modification of information, implementation of user priorities, implementation of rules for use by you, and discontinuance of functional aspects of the Site. Stirling may also add, withdraw or modify Information within the Site or services provided through the Site at any time in its sole discretion. All such modifications shall be displayed online, and such display shall constitute effective notice under this Agreement on the day Stirling places them on the Site. You agree to review the terms and conditions of this Agreement periodically to be aware of such revisions.

Delays in Services

Neither Stirling nor any of its licensors (including its and their officers, directors, employees, affiliates, agents, representatives or subcontractors) shall be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or to other like causes beyond the reasonable control of Stirling. Stirling shall have no responsibility to provide you access to the Site while interruption of the operation of the Site due to any such cause shall continue.

Termination

Termination or cancellation of this Agreement shall not affect any right or relief to which Stirling may be entitled, at law or in equity. Upon termination of this Agreement, all rights granted to you will terminate and revert to Stirling. This Agreement and the license rights granted hereunder shall remain in full force and effect unless terminated or cancelled for any of the following reasons: i) immediately by Stirling for any unauthorized access or use by you; ii) immediately by Stirling if you assign or transfer (or attempt the same) any rights granted to you under this Agreement; iii) immediately by Stirling, if you fail to abide by the rules and regulations relating to the use of, or tamper with or alter any of the Information contained in, or accessed through, the Site; iv) immediately by Stirling, if you transmit or receive any Information using the Site (or cause the same) in violation of this Agreement (Stirling, at its sole discretion, shall determine whether any information transmitted or received violates this provision); v) immediately by Stirling, if you violate any of the other terms and conditions of this Agreement; or vi) immediately by Stirling, for any reason.

Limited Warranty

YOU ACKNOWLEDGE THAT THE SITE AND INFORMATION ARE PROVIDED TO YOU ON AN "AS IS, WITH ALL FAULTS" BASIS. STIRLING AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING, ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT, AND ANY WARRANTIES RELATED TO THE OPERATION OF THE SITE. FURTHER, STIRLING AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THE SITE OR INFORMATION ARE ACCURATE, UP TO DATE OR WILL MEET YOUR EXPECTATIONS OR STANDARDS WITH RESPECT TO THE ENERGY INDUSTRY, OR WILL MEET YOUR REQUIREMENTS OR BE SUITABLE FOR YOUR NEEDS. Under this Agreement, you assume all risk of errors and/or omissions in the Site and Information, including the transmission or translation of Information. YOU HEREBY ASSUME ALL RESPONSIBILITY BY WHATEVER MEANS YOU DEEM MOST APPROPRIATE FOR YOUR NEEDS, FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION, AND THEREBY HOLD STIRLING HARMLESS. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site and Information, and for maintaining any means which you may require for the reconstruction of lost data or subsequent manipulations or analyses of the Information provided on the Site.

Limitation of Liability

YOU AGREE THAT STIRLING, ITS AFFILIATES AND LICENSORS, NTR PLC, AND ITS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, "STIRLING PARTIES") SHALL NOT IN ANY EVENT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS, FINANCIAL OR OTHERWISE) ARISING OUT OF OR RELATED TO THE SITE AND YOUR RELIANCE, DIRECTLY OR INDIRECTLY ON THE INFORMATION FOR ANY PURPOSE WHATSOEVER. IF THE ABOVE LIMITATION OF LIABILITY SHOULD FAIL IN ITS ESSENTIAL PURPOSE FOR ANY REASON, THE STIRLING PARTIES' MAXIMUM AND EXCLUSIVE LIABILITY TO YOU SHALL BE LIMITED TO $100.00, AS LIMITED DAMAGES AND NOT AS A PENALTY, EVEN IF THE STIRLING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS CONTAINED IN THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

Indemnification

YOU SHALL RELEASE AND SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS STIRLING PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, CLAIMS, DEMANDS, SUITS, LIABILITIES, FINES, PENALTIES AND EXPENSES (INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES) (COLLECTIVELY, "CLAIMS") OF WHATEVER KIND, CHARACTER, OR NATURE BROUGHT BY OR ON BEHALF OF ANY PERSON THAT ARISE OUT OF, ARE RELATED TO (i) THE PERFORMANCE BY STIRLING OF THIS AGREEMENT OR (ii) YOUR ACCESS OR USE OF THE SITE OR INFORMATION, OR (iii) ANY ADVERTISING, STATEMENTS, REPRESENTATIONS OR WARRANTIES POSTED BY STIRLING PARTIES OR ANY USER ON THE SITE, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE JOINT, SOLE, OR CONCURRENT NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY OR OTHER FAULT, WHETHER PASSIVE OR ACTIVE, OF ANY PERSON OR ENTITY, INCLUDING BUT NOT LIMITED TO THE STIRLING PARTIES.

Privacy and Submissions

The Site does not collect any personally identifying information about you except when you expressly provide it. You agree that Stirling can use your personal identifying information for editorial, promotional, or marketing purposes, unless you request that your information not be used in such manner. Please see our Privacy Policy for more details. By submitting any communications or content to Stirling, to any part of the Site, you agree that such information is non-confidential. Any submission to this Site will be deemed to be, and will remain, the property of Stirling. In consideration of your use of the Site, you hereby grant to Stirling and its affiliates a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works based on, sublicense, distribute, perform and display any message or Information sent by you to Stirling. You represent and warrant that you have the right to grant to Stirling and its affiliates the foregoing license. Attorney's Fees. If Stirling takes action (by itself or through its representatives) to enforce any of the provisions of this Agreement, Stirling shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney's fees and any costs of any litigation.

Governing Law; Limitations; Venue

This Agreement shall be governed by the laws of the State of Arizona, excluding any rule or principle that would refer to and apply the substantive law of another state or jurisdiction. Stirling makes no representation that materials on the Site are appropriate or available for use in locations outside the United States of America. You are responsible for determining that your use of the Site complies with local law. TO THE EXTENT ALLOWED BY APPLICABLE LAW, ANY CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO YOUR ACCESS AND USE OF THE SITE OR INFORMATION CONTEMPLATED BY THIS AGREEMENT MUST BE INSTITUTED WITHIN TWO (2) YEARS FROM THE DATE UPON WHICH SUCH CLAIM OR CAUSE AROSE OR WAS ACCRUED.

Notice and Procedure for Copyright Infringement Claim

Stirling, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), reserves the right, but not the obligation, to terminate your license to use the Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Stirling accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Stirling has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Stirling's designated agent and address to receive notification of claimed infringement is:

Stirling Energy Systems Inc
Biltmore Lakes Corporate Center
2920 E. Camelback Road, Suite 150
Phoenix, Arizona 85016

In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to the Stirling designated agent, listed above, and must include the following information:

  • A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
  • Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed. Severability. To the extent that any part of this Agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall, to that extent be severed from the remaining terms, all of which shall remain in full force and effect as permitted by law. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

Severability

To the extent that any part of this Agreement is found to be invalid, unlawful or unenforceable by any court of competent jurisdiction, such part shall, to that extent be severed from the remaining terms, all of which shall remain in full force and effect as permitted by law. Any unenforceable provision will be replaced by a mutually acceptable provision which comes closest to the intention of the parties at the time the original provision was agreed upon.

No Waiver

The failure of Stirling to enforce at any time any provision of this Agreement, or the failure to require your performance of any of your obligations shall not in any way affect the ability of Stirling to enforce each and every provision thereafter. The express waiver by either party of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Assignments

You may not assign any of your rights, obligations, privileges, or performance hereunder without the prior written consent of Stirling. Any assignment by you other than as provided for in this Section shall be null and void for all purposes.

Other

The past performance of Stirling Energy Systems Inc. or its affiliated company NTR plc, or any other company referred to on the Site cannot be relied upon as a guide to its future performance. The price of shares and the income derived from them can go down as well as up and investors may not recoup the amount originally invested.

Entire Agreement

THIS AGREEMENT IS COMPLETE AND EFFECTIVE AT THE TIME YOU AGREE TO IT BY ACCESSING OR USING THE SITE OR INFORMATION. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND NO OTHER AGREEMENT, WRITTEN OR ORAL, EXISTS BETWEEN YOU AND STIRLING.

Revised Effective April, 2008.