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Terms of Use


1) Introduction.

Everyspec.com, an owned and operated property of EverySpec LLC ("Owner") and its partners and/or affiliates (jointly referred to as "Partners") maintain a web site, http://www.everyspec.com (and its various sub-domains) ("Site") as a web-enabled content management and file download platform ("Service") for the download and distribution of written digital content such as government and military texts, specifications, standards, handbooks, manuals, reports, and related documents that are in the public domain ("Site Content") over the internet. The Site is a publishing service distributing general information similar to technical books, documents, or other reference material that You can download from websites, buy in a bookstore, or obtain in a local library. The Site Content published on this Site serves a purely informative purpose, and has no official or legal status in the form of which they are published here. This information provided in the Site Content should not be construed as offering specific advice or proficiency for any professional or engineering discipline or trade or task area. This Site posts Site Content that is in the public domain (such as military and federal specifications and standards) and that may be freely downloaded from official government, military, or regulatory websites. These include Department of Defense (DoD) or federal specifications or standards, military specifications, military standards, military handbooks, commercial item descriptions (CIDs), guide specifications, Joint Service Specification Guides, data item descriptions (DIDs), and other documents used in the Defense Standardization Program, such as international standardization agreements, and DoD notices of adoption of non-Government standards. The Site Content also includes DoD, Federal, Governmental Department, international, and Agency regulatory and other publications and forms that are available from the responsible institution's website.

2) Your Agreement to these Terms of Use.

The following Terms of Use for the Site is a legal contract between You, as either an individual user or a single entity ("You" or, collectively, "Users"), and Owner regarding Your use of the Site. PLEASE READ THIS AGREEMENT CAREFULLY, AND PLEASE CHECK THESE TERMS AND CONDITIONS PERIODICALLY FOR CHANGES. BY ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE SITE IN THE MANNER DESCRIBED IN THE SECTION ENTITLED "TERMINATION OF USE" BELOW. Use of the Site is limited to individuals who can form legally binding contracts under applicable law, and without limiting the foregoing our Service is not targeted at minors. Owner does not allow use by nor will Owner accept registrations from users who are under 13 years of age. By using the Site or registering with www.everyspec.com You represent that You are at least 13 years old. In addition, when using any particular service of the Site, You may be subject to additional guidelines or terms and conditions applicable to such services that may be posted from time to time, which are hereby incorporated into this Agreement. Owner authorizes You to view, download, and print the Site Content subject to the following conditions: (i) You may only download and print the Site Content in limited quantities as required to evaluate whether the Site Content is appropriate for Your use; (ii) You may not use any automated process or software program to view, download, print or otherwise use Site Content; (iii) You may not modify the Site Content; and (iv) You may not remove any copyright, trademark, distribution statement, or other proprietary notices that have been placed in the Site Content. Except as expressly permitted above, copying; modifying; storing for any period of time, for any use other than specified in (i) above; reproduction; redistribution; republication; uploading; posting; transmitting; distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of Owner. To request permission, You may contact Owner at webmaster@everyspec.com. All software used on the Site is proprietary to Owner or to third parties, and except as may be required to exercise the foregoing license grant, any use, redistribution, sale, de-compilation, reverse engineering, disassembly, translation or other reduction of such software to human-readable form is prohibited. You agree, and represent and warrant, that Your use or other exploitation of the Site and the Site Content, or any portion thereof, will be consistent with the foregoing license and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, You agree that You will comply with all applicable laws, regulations and ordinances relating to the Site, the Site Content or Your use of them, and You will be solely responsible for Your own individual violations of any of them.

3) Permitted Use and Limitations on Use.

The Site provides access to government, quasi-governmental, regulatory, and industry specifications, standards, handbooks, manuals, reports and other documents ("Specifications") that are in the public domain. You may access and download any Specification as permitted by the Site only as required to view the Specification on Your web browser for Your individual use while maintaining any and all copyright, distribution notices, restrictions, and other notices on the Specification. You may print a copy or copies of the Specification for Your use. You may not republish or distribute any Specification or use the Specification, in any fashion that is not specifically permitted in this Agreement. The majority of the Specifications and the applicable rights in data are owned by parties other than Owner, and may be subject to other notices and requirements accompanying the Specification. You agree to comply with all such notices and requirements.

4) Links to Third Party Sites Are Not Endorsements.

The Site contains links to third-party websites. These include links to related resources, products and services. If You visit another website through a link on our Site, please consult the privacy policy of the website You are visiting. Owner is not responsible for the privacy practices or the content of other websites that You can visit, nor is Owner responsible for the business or privacy practices of these websites or individuals or companies organizations. The linked websites are not under Owner's control, and Owner is not responsible for the contents of any linked site. Owner provides these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Owner. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, Owner is unable to ensure that You will be satisfied with their products, services or business practices. You should make whatever investigation You believe necessary or appropriate before proceeding with any transaction with any of these third parties.

5) Warranty Disclaimer And Limitation of Liability.

YOU EXPRESSLY ACKNOWLEGE AND AGREE TO USE THE SITE AND THE SITE CONTENT AT YOUR OWN RISK, AND AGREE THAT OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO OPERATION, USE, OR OTHER EXPLOITATION FROM THE SITE OR THE SITE CONTENT. YOU EXPRESSLY ACKNOWLEGE AND AGREE TO INDEMNIFY AND TO HOLD HARMLESS OWNER AND PARTNERS FROM ANY CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES, RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE, INCLUDING (i) INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS AND OTHER RIGHTS, AND (II) INCLUDING UNITED STATES GOVERNMENT PROVISIONS THAT CONTROL THE EXPORT AND IMPORT (INCLUDING RESTRICTIONS ON RETRANSFER OR RE-EXPORT) OF DEFENSE-RELATED ARTICLES OR RELATED TECHNICAL DATA. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT THE SITE AND SITE CONTENT ARE PROVIDED IN "AS IS" CONDITION AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OWNER AND PARTNERS EXPRESSELY DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT OWNER SPECIFICALLY DISCLAIMS ANY WARRANTIES OR REPRESENTATIONS THAT THE SITE OR ANY INFORMATION AND/OR CONTENTS OF THE SITE WILL MEET ANY OF THE USER'S PARTICULAR NEEDS OR REQUIREMENTS OR THAT THE SITE OR THE CONTENTS OF THE SITE WILL BE ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT AS USED IN THIS SECTION, THE TERM OWNER INCLUDES SITE'S PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, AND SUBCONTRACTORS. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT SITE CONTENTS ARE SUBJECT TO PERIODIC CHANGE WITHOUT NOTICE FROM OWNER. THE SITE CONTENTS ARE PROVIDED "AS IS" AND OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, SITE CONTENT, ACCURACY, CAPABILITY, FUNCTIONING, COMPLETENESS, MATERIALS OR PRODUCTS, REFERRED TO BY OR ON THE SITE. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OWNER OR THROUGH THE SITE OR THE SITE CONTENT WILL NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE ARISING FROM OR RELATING TO THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITE OR THE SITE CONTENT, INCLUDING ANY ALLEGATION OR CLAIM THAT OWNER HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SITE OR THE SITE CONTENT. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM OWNER OR ANY OF ITS PARTNERS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE SITE OR SITE CONTENT OR YOUR USE THEREOF, EVEN IF OWNER OR ITS PARTNERS HAVE BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

6) Termination of Use.

YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT OWNER IN ITS SOLE DISCRETION, FOR ANY OR NO REASON, AND WITHOUT PENALTY, MAY TERMINATE ANY ACCOUNT (OR ANY PART THEREOF) YOU MAY HAVE WITH OWNER OR YOUR USE OF THE SITE AND REMOVE AND DISCARD ALL OR ANY PART OF YOUR ACCOUNT, YOUR USER PROFILE, AND ANY USER CONTENT (IF SUCH IS KNOW BY OWNER TO EXIST) AT ANY TIME. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT OWNER MAY ALSO IN ITS SOLE DISCRETION AND AT ANY TIME DISCONTINUE PROVIDING ACCESS TO THE SITE, OR ANY PART THEREOF, WITH OR WITHOUT NOTICE. You agree that any termination of Your access to the Site or any account You may have or portion thereof may be performed without prior notice, and You agree that Owner will not be liable to You or any third party for any such termination. Your agree that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Owner may have at law or in equity. AS DISCUSSED IN THE SECTION ENTITLED "DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE" OWNER DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES ON THE SITE, AND WILL TERMINATE ACCESS TO THE SITE CONTENT AND REMOVE ANY USER PROVIDED CONTENT IF SUCH CONTENT IS KNOWN BY OWNER TO EXIST. You agree to indemnify and hold Owner and its Partners harmless from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorney and professional fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of Your duties or obligations under this Agreement or Your use of the Site or Site Content. For any indemnified matter, Owner and its Partners will have full control of the response thereto and the defense thereof, including, without limitation, any agreement relating to the settlement thereof, and You will cooperate with Owner and its Partners in such matter. Owner and any of its Partners may, at their option, terminate any person or entity's access to any or all of the Site upon any breach of the terms and conditions of this Agreement.

7) Digital Millennium Copyright Act Compliance

Owner complies with the provisions of the Digital Millennium Copyright Act (DMCA) applicable to internet service providers (17 U.S.C. 512, as amended), as described here (see http://www.everyspec.com/digital-millennium-copyright.php).

8) Privacy Policy

Owner operates the Site under the Privacy Policy published at http://www.everyspec.com/privacy.php that is hereby incorporated into and forms part of this Agreement. Owner urges You to read this policy now and, because the policy may be updated from time to time, on a periodic basis.

9) Harm to Your Computer or Network.

YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR PORTABLE DEVICE OR INFORMATION HANDLING SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. YOU EXPRESSLY ACKNOWLEGE AND AGREE THAT OWNER WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL AND/OR CONSEQUENTIAL DAMAGES, ARISING FROM ANY USE OR INACCESSIBILITY OF THE SITE OR OF ANY OTHER HYPER-LINKED SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, INFRINGEMENT, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF OWNER HAS EXPRESSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10) United States Export Controls.

By using the Site, You acknowledge and agree to (i) comply with all export laws and restrictions and regulations of the United States Department of Commerce or other United States or other sovereign agency or authority, and (ii) not to export, or allow the export or re-export of any software, technical data or any direct product thereof in violation of any such restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained with respect to the countries specified in the applicable United States Export Administration Regulations (or any successor supplement or regulations). BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE THAT THE TRANSFER OF CERTAIN TECHNICAL DATA AND COMMODITIES MAY REQUIRE A LICENSE FROM AN AGENCY OF THE UNITED STATES GOVERNMENT AND/OR WRITTEN ASSURANCES BY YOU THAT YOU WILL NOT EXPORT SUCH SOFTWARE, TECHNICAL DATA, OR COMMODITIES TO CERTAIN FOREIGN COUNTRIES WITHOUT PRIOR APPROVAL OF SUCH AGENCY.

11) Scientific and Technical Information Controls

Owner will make every effort to comply with the controls placed pursuant to Department of Defense Directive (DoDD) 3200.12 for Scientific and Technical Information (STINFO) that includes all communicable classified and unclassified limited-access information that relates to military operations and systems including: (i) research, development, engineering, testing, evaluation, production, logistics, and operations; and (ii) information that can be used to design, procure, support, maintain, repair or overhaul; products, services, and equipment. By using the Site, You acknowledge and agree to comply with controls placed pursuant to DoDD 3200.12 for STINFO, and You acknowledge that the unauthorized use, distribution, or replication of certain information under the Copyright, Patent, Intellectual Property (IP), Arms Export-Control Act (AECA), and Export Administration Act (EAA) imposes significant fines, civil liabilities, criminal penalties, and administrative actions in accordance with United States Public Law and Executive Orders.

12) International Users.

This Site is controlled and operated by the Owner from offices within the United States of America. Owner makes no representation that Specifications at this Site are appropriate or available for use outside the United States or that access to the Site Content from all countries and/or territories is legal. You may not use the Site or export the Site materials in violation of United States export laws and regulations. If You access this Site from locations outside the United States, You are responsible for compliance with all applicable laws and regulations. Owner makes no representation that any information, materials features, or functions included are appropriate for use in any other jurisdiction. This Site is not directed to any person in any jurisdiction where (by reason of that person's nationality, residence, citizenship or otherwise) the publication or availability of the Site and its content is contradictory to local laws or regulations. Persons with respect to whom such restrictions or prohibitions apply must not access or use this Site. BY USING THE SITE OR THE SITE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO ON YOUR OWN INITIATIVE AND ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH THE APPLICABLE UNITED STATES EXPORT AND YOUR LOCAL LAWS AND REGULATIONS.

13) Ownership and Proprietary Rights.

The Site is owned and operated by Owner. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of the Site (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Site Content that is provided in the Public Domain, all Materials contained on the Site are the property of the Owner or its partners. All trademarks, service marks, and trade names are proprietary to Owner or its or its Partners. Except as expressly authorized by Owner, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Site. Owner reserves all rights not expressly granted in these Terms.

14) Applicable Law and Jurisdiction

The Site (excluding links) are controlled by Owner and operated by Owner from its offices in and around Pittsburg, Pennsylvania and Alexandria, Virginia. Although Owner has made no effort to publish the Site elsewhere, because the Site is published on the internet, it is accessible in all fifty states and many other countries. As each of these places has laws that may differ from those of Pennsylvania and Virginia, and from each other, and as You and Owner both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Site, by using the Site You and Owner agree that all matters arising from or relating to the use and operation of the Site will be governed by the substantive laws of the Commonwealth of Virginia, without regard to its conflicts of laws principles. You agree that all claims You may have arising from or relating to the operation, use or other exploitation of the Site will be heard and resolved in the courts in Alexandria, VA. You consent to the personal jurisdiction of such courts over You, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If You choose to gain access to the Site from locations other than Alexandria VA, You will be responsible for compliance with all local laws of any such other location.

15) Miscellaneous.

Owner may provide You with notices, including those regarding changes to Site terms and conditions, by email, regular mail, or postings on the Site. Notice posted on the Site is deemed given ten days following the initial posting. No delay or omission by Owner in exercising any of its rights occurring upon any noncompliance or default by You with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Owner of any of the covenants, conditions or agreements to be performed by You will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, "including" means "including but not limited to". The heading references of this Agreement have been inserted solely for convenience of reference, in no way define or limit the scope or substance of any provision of this Agreement, and will not be considered in interpreting this Agreement.

16) Severability.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

17) Entire Agreement.

Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between You and Owner regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter.

18) Claims.

YOU AND OWNER AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

19) Disclosures..

The Site Content services are offered by Owner, EverySpec LLC, located at: 710 Lake Louise Court, Gibsonia PA, 15044, and email: webmaster@everyspec.com.
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