"SECOND WIND FARM" operates this Web site. By accessing and using this site, you agree to each of the terms and conditions set forth herein and agree to abide by the "SECOND WIND FARM" procedures as set forth in the "SECOND WIND FARM" rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas of this Web site or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms and Conditions govern your use of those areas and/or transactions.
"SECOND WIND FARM" reserves the right to modify these Terms and Conditions at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms and Conditions as modified. The last date these Terms and Conditions were revised is set forth below.
You may use this Web site for lawful purposes only. You may not use this Web site for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.
The site and the content are protected by U.S. and/or copyright laws, and belong to the "SECOND WIND FARM" or its partners, affiliates, contributors or third parties. The copyright in the content is owned by the "SECOND WIND FARM" or other copyright owners who have authorized their use on the site. You may not alter or manipulate in any way the content on the site without the specific written permission from the "SECOND WIND FARM" or the copyright owner.
You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. "SECOND WIND FARM" seal and design and all associated marks and logos are trademarks, registered trademarks and service marks of "SECOND WIND FARM".
Disclaimer of Warranties
A "SECOND WIND FARM" MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. "SECOND WIND FARM".EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. "SECOND WIND FARM" DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. "SECOND WIND FARM" DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Limitation of Liability
IN NO EVENT WILL THE "SECOND WIND FARM". BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, OR THE CONTENT, EVEN IF THE AKC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES "SECOND WIND FARM". "S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE "SECOND WIND FARM". AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE "SECOND WIND FARM" RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE "SECOND WIND FARM" RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.