eTurbines, Inc. Membership Agreement

1. Eligibility for Membership.  Our member services are available only to individuals who can form legally binding contracts under applicable law.  eTurbines, Inc. may refuse our service to anyone, at any time, at our sole discretion.
   
   
2. Registration.  You must enter valid contact information to be a member of eTurbines.com.  This is the information that will be available to registered users, so they may contact you regarding transactions.  After entering your personal data, you are asked to enter a Password.  Care should be taken when selecting a password as not to select something that may be easily guessed by unscrupulous users.
   
   
3. Security.  eTurbines, Inc. uses industry standard efforts to safeguard the confidentiality of your personal identifiable information, such as firewalls and Secure Socket Layers (SSL’s).  However, "perfect security" does not exist on the Internet.
   
   
4. Control of Your Password.  You may not disclose or share your password with any third parties. If, despite the foregoing, you lose control of your password, you may lose substantial control over your personally identifiable information.  Therefore, if your password has been compromised for any reason, you should immediately change your password.  Contact us via e-mail to establish new security credentials.
   
   
5. Fees.  Accessing eTurbines.com Web site is free.  Current Membership and Non-member User Fees, Credit Policies, and membership benefits can be found here and are incorporated herein by reference.  Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all applicable taxes and any other costs you incur to procure an ad listing or membership from us.  We may, in our sole discretion add, delete or change some or all of our services at any time, with or without notice. Please note that all sales are final.
   
   
6. Payments.  All payments are to be made in full by check or any other authorized method of payment upon execution of this Membership Sales Agreement, and before membership privileges granted, unless otherwise agreed upon in writing between eTurbines, Inc. and Client.
   
   
7. Reviewing and Changing Your Personally Identifiable Information.  Once you register and obtain your membership status, you will be able to edit your personally identifiable information at eTurbines.com, including: (a) Your User ID and email address; (b) Your address, city, state, zip code, country, primary phone number, secondary phone number, and fax number; (c) Your password.
   
   
8. System Integrity.  It is strictly forbidden to use any device, software or routine to interfere or attempt to interfere with the proper working of the eTurbines.com site or any ad listing posted within our site.  Failure to comply will result in termination of member privileges.
   
   
9. No Agency.  With the purchase of an annual membership, you and eTurbines, Inc. are independent contractors, where no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.
   
   
10. Advertising Services.  (a)Customer supplied logo and banner ads must conform to eTurbines, Inc.’s specifications.  All logos and banners ads are the property of their respective owners. Members agree to hold harmless eTurbines, Inc. and their suppliers for any suite against the foresaid for copyright or trademark infringements; (b) Listings are text descriptions, graphics and pictures on eTurbines' web site supplied by you that either; (i) textually describe the item or service you are listing for sale, or (ii) link to the text, graphics and picture(s) describing the item or service you are listing for sale. You may post on eTurbine's site either or both of these type listings, provided that you place such listings in an appropriate category; (c) E-mail Messaging is to be used in accordance with guidelines and specifications to preserve and maintain the integrity or eTurbines, Inc. "Urgent-Need Network" communication system; (d) Without limiting any other remedies, eTurbines, Inc. may suspend or terminate your account if you are found (by conviction, settlement, investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.  Furthermore, we will suspend or terminate your account if you repeatedly infringe upon third party intellectual property rights.
    
    
11. Ad Listings and Advertising.  We may, from time to time, monitor any Listing or content on the Site and may decline to accept and/or remove any such that contain: (a) Any illegal, harmful, threatening, slanderous, defamatory, obscene, profane, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law; (b) Messages posted by users impersonating others; (c) Listings that may be injurious to, or are in direct competition with the eTurbines.com Web site.  All information provided by eTurbines and its affiliates is owned by or licensed to eTurbines, Inc.  eTurbines and its licensors retain all proprietary rights to the eTurbines, Inc. information. eTurbines, Inc. has the right to use all material, (including logos, banners, registered trademarks, etc.) entered into these Web pages (other than third-party material transmitted through private electronic mail) in any of our print or electronic publications.  Information may not be reproduced in whole or part, transmitted or distributed without eTurbines, Inc. express written consent.  Members and users entering materials on any of these Web pages are responsible for the content of that material.  eTurbines, Inc. has no responsibility for the content of any messages or information posted by members and users, or for the content of information of third-parties on the Internet, even if accessed through eTurbines, Inc. pages.  However, eTurbines, Inc. retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete from the service any third-party material which eTurbines, Inc. deems to be illegal, offensive or otherwise inappropriate.  Members may through hypertext or other computer "links" gain access to other sites on the Internet which are not part of eTurbines, Inc. Web pages.  eTurbines, Inc. assumes no responsibility for any material outside of the eTurbines, Inc. Web pages that may be accessed through any such "link."  Members agree to indemnify eTurbines, Inc. from any damages, losses, costs or expenses which eTurbines, Inc., its affiliates, their respective employees and authorized representatives may incur as a result of material entered into these Web pages by the Member or user.
    
    
12. Selling an Item.  It's quick and easy to list your own items or promote your company at eTurbines.com. Members simply fill out the form available by selecting "Click here to add a new listing" in the appropriate category.  Follow the instructions when prompted to complete the listing template by providing a descriptive title, a complete description of the item, as well as other pertinent listing information.  We reserve the right to relocate, edit, and or delete any listing deemed to be located inappropriately.  All content linked to the item description must comply with the User Agreement.  You may list any appropriate item(s) up for sale that you have the right to sell, so long as it complies with the User Agreement.  Please list your item in an appropriate category.
    
    
13. General Compliance with Laws.  You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our services, listings, purchase and sale of items.
    
    
14. Illegal Items.  Some items are not legal to sell at eTurbines.com.  Please do not list an item that is illegal to sell.
    
    
15. Force Majure.  Seller shall not be liable for its failure to perform hereunder due to any contingency beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes, governmental laws, ordinances, rules and regulations (whether valid or invalid), and any other similar or different contingency.
    
    
16. No Warranties.  ALL INFORMATION ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.  This warranty gives you specific rights as a consumer and may vary from state to state.
    
    
17. Limitation of Liability.  IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.  OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.00 OR THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, the lesser of the above foresaid.  Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.  Furthermore, eTurbines, Inc. does not endorse and is not responsible for the accuracy or reliability of any information obtained through the Site.  Other than as required under consumer protection laws, under no circumstance will eTurbines, Inc. be liable for any loss or damage caused by a user's reliance on information obtained through our Web site.  It is the responsibility of the member to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. eTurbines, Inc. specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Site, including liability associated with any viruses which may infect a user's computer equipment.
    
    
18. Privacy.  With respect to Member Information you provide to us during registration, or through any email feature (defined herein as "Your Information"), it is not sold or distributed to any third party.  However, we use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyze site usage, to improve site content, and to customize the site layout.  We believe use of your information in this manner will allow us to improve our site and better tailor it to meet our users' needs.  Email addresses are not used for any purpose other than to send you email, nor do we rent or sell this information.  Information about you may also be used to deliver data that, in some cases, are targeted to your interests, such as banners and promotions.  We act as a passive conduit for your online distribution and publication of Your Information.  However, we may take any action with respect to such information we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.  Member Information and listings on eTurbines.com: (a) shall not be fraudulent or involve the sale of counterfeit or stolen items; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).  Furthermore, you may not post on our site or sell through our site: any item that, by paying to us the listing fee, could cause us to violate any applicable law, statute, ordinance or regulation, or is in direct competition with our services.  Solely to enable eTurbines, Inc. to use Your Information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. eTurbines, Inc. will only use Your Information in accordance with this Policy.
    
    
19. Breach.  We may temporarily suspend, indefinitely suspend or terminate your membership, any of your current listings, and any other information placed on the site if you breach this Agreement or if we are unable to verify or authenticate any information you provide to us.  You may not disclose or share your password to any third parties or use your password for any unauthorized purpose.
    
    
20. Arbitration.  Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association.  Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
    
    
21. General.  This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents.  We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.