Terms of Use

By using this Cascade Engineering, Inc. (together with all of its parent companies, subsidiaries, sister companies, and other affiliates, "Cascade Engineering") Web site (www.swiftwindturbine.com) and/or the data and information included in or related to this Web site, (collectively, the "Site and Data"), you agree to be bound by the following terms of use ("Terms of Use").

1. Personal Use. You agree to use the Site and Data only for your personal use. Subject to the restrictions set forth in the following paragraphs, you may copy information from the Site and Data only as necessary for your personal use to (a) view, (b) save, and (c) print, fax or e-mail it. You agree not to otherwise reproduce, modify, distribute, decompile, disassemble or reverse engineer any portion of the Site or Data.
2. Restrictions. You agree not to remove or modify any copyright or other intellectual property notices that appear in the Site or Data. You will not use the Site or Data for resale, service bureau, time-sharing or other similar purposes. Further:
   1. Acceptable Use. You agree not to use the Site or Data in any way that is unlawful, or harms Cascade Engineering, its service providers, suppliers or any other user. You agree not to use the Site or Data in any way that breaches any code of conduct, policy or notice on the Site or Data.
   2. Automated Queries. These Terms of Use do not provide you a license to use, reproduce, distribute, display or provide access to any portion of the Site or Data on third-party Web sites. Nonetheless, publicly available search engines and similar Internet navigation tools ("Search Engines") may query the Site or Data and provide an index with links to the Site and Data, only to the extent such unlicensed "fair use" is allowed by applicable copyright law. Search Engines are not permitted to query or search information protected by a security verification system ("captcha") which limits access to human users. Cascade Engineering reserves the right to restrict automated queries further, for example, by correspondence to parties making queries or by use of robots.txt.
   3. Google™ Maps API. Google Maps imagery is supplied by Google, and its use is subject to the Google Maps Terms and Conditions and Google Privacy Policy.
3. Materials You Provide; Account Use; Privacy. For materials you post or otherwise provide to Cascade Engineering or in connection with the Site or Data (your "Submission"), you grant Cascade Engineering an irrevocable, perpetual, worldwide license to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, and translate your Submission, in connection with the Site or Data or in any other media, and (b) sublicense these rights, to the maximum extent permitted by applicable law. Cascade Engineering will not pay you for your Submission. Cascade Engineering may remove your Submission at any time. For each Submission, you represent that you have all rights necessary to grant Cascade Engineering the rights in this paragraph and that the Submission complies with Section 2 above. Cascade Engineering will treat your use of the Site and Data in accordance with its Privacy Policy.
4. Software. The Site and Data may include software for use in connection with the Site and Data. If such software is accompanied by an end user license agreement ("EULA"), the terms of the EULA will govern your use of the software. If such software is not accompanied by a EULA, then Cascade Engineering grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the Site and Data and in accordance with these Terms of Use.
5. Linked Materials. The Site and Data may include links to third-party products, services and Web sites. Cascade Engineering does not endorse, and takes no responsibility for such products, services, and Web sites.
6. Claims of Copyright Infringement. Cascade Engineering respects the intellectual property rights of others, and asks that everyone using the Site and Data do the same. Anyone who believes that their work has been reproduced on the Site and Data in a way that constitutes copyright infringement may notify Cascade Engineering's copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
   1. Identification of the copyrighted work that you claim has been infringed;
   Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Site and Data so that the copyright agent can locate it;
   2. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
   3. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner's behalf in this situation.
   
   Notices of copyright infringement claims should be sent as follows:
   
   By mail:
   
   Cascade Engineering, Inc.
   3400 Innovation Court, S.E.
   Grand Rapids, MI 49512
   Attention: Legal
   
   
7. Intellectual Property. The Site and Data are the property of Cascade Engineering, and subject to the intellectual property rights of Cascade Engineering and its licensors. You are granted no rights in or to the Site or Data except as specifically provided in these Terms of Use.
8. NO WARRANTY. CASCADE ENGINEERING PROVIDES THE SITE AND DATA "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CASCADE ENGINEERING AND ITS SUPPLIERS MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED RELATED TO THE SITE OR DATA OR TO ANY PRODUCTS DISCUSSED, PRESENTED, OR ADVERTISED IN THE SITE OR DATA, AND THE SITE AND DATA SHALL NOT CONSTITUTE OR BE DEEMED TO BE ANY SUCH REPRESENTATION OR WARRANTY. CASCADE ENGINEERING AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE.
9. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL CASCADE ENGINEERING OR ANY SUPPLIER BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SITE OR DATA, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. . THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST CASCADE ENGINEERING OR ITS SUPPLIERS WITH RESPECT TO THESE TERMS OF USE OR THE SITE OR DATA, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND DATA.
10. Changes; Discontinuance. Cascade Engineering reserves the right to change the Terms of Use, and you are responsible for regularly reviewing these Terms of Use. Your continued use of the Site and Data after the effective date of such changes will constitute acceptance of and agreement to any such changes. Cascade Engineering may suspend or discontinue the Site and Data at any time to you and/or to others, without notice.
11. Choice of Law; Disputes. These Terms of Use are governed by the laws of the State of Michigan, without giving effect to its conflict of laws provisions. You agree to submit to exclusive jurisdiction and venue in the state and federal courts sitting in Kent County, Michigan for any and all disputes, claims and actions arising from or in connection with the Site or Data and/or these Terms of Use. In any dispute arising under these Terms of Use, the prevailing party will be entitled to attorneys' fees and expenses.
12. General. If any part of these Terms of Use is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. Cascade Engineering may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use, or assign, transfer or sublicense your rights, if any, in the Service. Cascade Engineering failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, these Terms of Use constitute the entire agreement between you and Cascade Engineering with respect to the Site and Data and supersede all prior or contemporaneous communications of any kind between you and Cascade Engineering with respect to the Site or Data.