Terms of Use        11 Nov. 1999

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. BY THIS USING THIS SITE, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THIS SITE.

This Agreement may be modified at any time, and any such modification shall be effective immediately upon posting of the modified agreement. By your access and use of the site you agree to periodically review this Agreement and shall be conclusively bound by any such future modifications.

The LDAR.COM site is provided by EC Systems Corp. The idea behind LDAR.COM is to provide online information about Leak Detection And Repair programs which may be necessary for compliance with fugitive emissions regulations. Paid advertisements may be posted to help offset the cost of maintaining the site. LDAR.COM is intended to be friendly and informative. Please enjoy using LDAR.COM.

1.       General. This site is owned and operated by EC Systems Corp. EC Systems Corp. has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.

2.       Equipment. You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.

3.       Restrictions on Use.

A.      You shall use the site for lawful purposes only. You shall not post or transmit through the site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without EC Systems Corp.'s express prior approval, you shall not post or transmit through the site any material which contains advertising or any solicitation with respect to products or services. You shall not use the site to advertise or perform any commercial solicitation, including, without limitation, the solicitation of users to become subscribers of other on-line information services competitive with the site. Any conduct by you that in EC Systems Corp.'s discretion restricts or inhibits any other user from using or enjoying the site will not be permitted.

B.      The site contains copyrighted material, trademarks and other proprietary information, including, without limitation, text, software, photos, video, graphics, music and sound, and the contents of the site are copyrighted under the United States copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of EC Systems Corp. and protected by U.S. and international copyright laws. The content and software on this site may be used as a source of general information. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download one copy of any copyrighted material for your personal, non-commercial home use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of EC Systems Corp. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

C.      You shall not upload, post or otherwise make available on the site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the site, you automatically grant, or warrant that the owner of such material has expressly granted EC Systems Corp. the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of the site to access, view, store or reproduce the material for that user's personal use. You grant EC Systems Corp. the right to edit, copy, display, publish and distribute any material made available on the site by you.

D.      You further agree to grant to EC Systems Corp. a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, transmit, distribute, create any derivative works of, publicly use or display any materials or other information (including, but not limited to, ideas, concepts or techniques for new or improved services and products) you publish to the site by any means or by any media now known or hereafter developed. You further agree that any such communication you make to the site (whether information, feedback, data, questions, comments, suggestions or the like) shall be deemed not to be confidential. By your acceptance of these terms and conditions, you also grant to EC Systems Corp. the right to use your name in connection with the submitted materials and other information as well as in connection with any and all advertising, marketing and promotional material related thereto. You further agree and acknowledge that you shall have no recourse against EC Systems Corp. for any alleged or actual infringement or misappropriation of any proprietary right in your publications or communications to EC Systems Corp or the site.

E.      The foregoing provisions of Section 3 are for the benefit of EC Systems Corp., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

4.       Disclaimer of Warranty; Limitation of Liability.

A.      YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER EC SYSTEMS CORP., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THE SITE. THE INFORMATION INCLUDED IN THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULLNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE WEBSITE.

B.      EC SYSTEMS CORP. NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT IN THE INTERACTIVE AREAS OF THIS SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE TO THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL EC SYSTEMS CORP. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH ANY CONTENT AND/OR ANY POSTINGS ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE FROM THIS SITE.

C.      THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE SITE. REFERENCES TO TRADESHOWS, CORPORATIONS, THEIR SERVICES OR PRODUCTS ARE PROVIDED "AS IS " WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

D.      THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT EC SYSTEMS CORP. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

E.      IN NO EVENT WILL EC SYSTEMS CORP., OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL USE OF AND CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL EC SYSTEMS CORP.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

F.      If you are dissatisfied with the site or with any terms, conditions, rules, policies, guidelines or practices of EC Systems Corp. in operating the site your sole remedy is to discontinue using the site.

5.       Monitoring. EC Systems Corp. shall have the right, but not the obligation, to monitor the content of the site [including chat rooms and forums], to determine compliance with these conditions of use and any operating rules established by EC Systems Corp. and to satisfy any law, regulation or authorized government request. EC Systems Corp. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the site. Without limiting the foregoing, EC Systems Corp. shall have the right to remove any material that EC Systems Corp., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable or stale. Notwithstanding this right of EC Systems Corp., you shall remain solely responsible for the content of your messages or input to the site. You acknowledge and agree that neither EC Systems Corp. nor any third party content provider shall assume or have any liability for any action or inaction by EC Systems Corp. or any third party content provider with respect to any conduct, communication or posting on the site.

6.      Indemnification. You agree to defend, indemnify and hold harmless EC Systems Corp. and its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys' fees) arising out of your use of the site.

7.       Trademarks. LDAR.COM and EC Systems Corp. and each of their logos are trademarks of EC Systems Corp. in the United States and other countries. All rights reserved. EC Systems Corp.'s trademarks may not be used in connection with any product or service that is not EC Systems Corp.'s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EC Systems Corp.or LDAR.COM. All other trademarks appearing on the site are the property of their respective owners.

8.       Third Party Content. EC Systems Corp. is a distributor (and not a publisher) of content supplied by third parties and users of the site. Accordingly, EC Systems Corp. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers and users, are those of the respective author(s) or distributor(s) and not of EC Systems Corp.. In many instances, the content available through the site represents the opinions and judgments of the respective information provider or user. EC Systems Corp. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the site by anyone other than authorized EC Systems Corp. employee spokespersons while acting in their official capacities.

9.       Discussion Group Content. The content of all discussion groups, including without limitation the descriptions for discussion groups and the content within a specific article, is provided by and the responsibility of the creator(s) of the discussion or the person(s) posting an article. EC Systems Corp. has NO responsibility for such content and is merely providing access to such content as a service to you. By their very nature, discussion groups may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive. EC Systems Corp. expects that you will use caution and common sense and exercise proper judgment when using the site’s discussion area.

10. Links To Third-Party Sites. Linked sites are not under the control of EC Systems Corp. and EC Systems Corp. is not responsible for the contents of any linked site or any link contained in a linked site. EC Systems Corp. provides links to you only as a convenience, and the inclusion of any link does not imply endorsement by EC Systems Corp. of the site.

11.   Advertisements. All products or services advertised on LDAR.COM are represented by/for the provider of that product or service and are not intended to be an endorsement of the product or service itself.

12.   Viruses. EC Systems Corp. also assumes no responsibility, and shall not be liable for, any damages to, or viruses, worms, Trojan Horses or other code or defects that may infect or contaminate, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the site for the reconstruction of lost data.

13.   Export Control. Software and other materials from this Site may also be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the Unites States has embargoed goods; or (2) anyone on the Unites States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. EC Systems Corp. does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Laws.

14.   Business Associates. Business associates of EC Systems Corp. who may be identified on this Site are independent contractors of EC Systems Corp.. The business associates are not joint venturers or partners of EC Systems Corp.. No employee or representative of the business associates is under the control of EC Systems Corp..

15.   Changed Terms. EC Systems Corp. has the right at any time to change or modify the terms and conditions applicable to use of the site, or any part thereof, or to impose new conditions, including, without limitation, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by any means including, without limitation, posting on the site, or by electronic or conventional mail, or by any other means. Any use of the site by you after such notice shall be deemed to constitute acceptance of such changes, modifications, additions or deletions.

16.   Miscellaneous. These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. These terms of use shall be construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws rules. You hereby consent to the personal jurisdiction of the Commonwealth of Kentucky, acknowledge that venue is proper in any state or Federal court in the Commonwealth of Kentucky, agree that any action related to these terms of use must be brought in a state or Federal court in the Commonwealth of Kentucky, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Policies of Operation        11 Nov. 1999

We welcome you to visit the site daily to learn through the exchange of tried and true ideas. Like any meeting place, this one has rules. Each interaction must be honest, focused and beneficial. The purpose of the Discussions, Employment, and Trading Post areas of LDAR.COM is to meet people and to find valuable and educational responses to your issues and questions. The LDAR community values your participation and asks that you please help us to maintain a friendly, safe and informative environment.

The additional legal terms and conditions stated below, as well as the legal terms and conditions above, apply to forums, discussion groups, chat groups, bulletin boards and any other interactive area of the site. Use of, access to, or participation in any of these or any other interactive areas of the site constitutes acceptance of these legal terms and conditions. EC Systems Corp. reserves the right to monitor content on the site and to remove content which EC Systems Corp. in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these policies of operation. In order to maintain an informative and valuable service that meets the needs of the users of the site and avoids the harm that can result from the dissemination of statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:

While using the site you may not:

Although EC Systems Corp. may monitor or review input to interactive areas of the site and may remove items as noted above, EC Systems Corp. is under no obligation to perform any such monitoring or policing and assumes no responsibility or liability arising because of error or omission, transmission of any material which violates the rights of any third party under copyright, trademark, privacy or other law, or the posting of material which violates any of the guidelines listed above. EC Systems Corp. may cooperate with any law enforcement authorities or comply with any order requesting or directing it to disclose the identity or anyone posting any such information or materials. In addition, EC Systems Corp. is in no way responsible or liable for any offline communication between members or any consequences or damages resulting there from.

By posting any material you irrevocably waive any rights of any sort you may have to it and authorize EC Systems Corp. to use such material in any manner it sees fit including without limitation, the right to use and exploit it in any and all media now known or hereafter devised throughout the world. All right, title and interest in and to any material posted on the site shall belong solely to EC Systems Corp.

The opinions expressed in the site’s Discussion area are not necessarily (and in some cases are not at all) those of EC Systems Corp.. All statements, advice and opinions made by participants in the Discussions area are those of such participant only, and EC Systems Corp. neither endorses nor shall be held responsible for the reliability or accuracy of same. EC Systems Corp. is not responsible in any way for any injury, loss or damage, which occurs as a result of an opinion expressed or information provided in these areas of its site. EC Systems Corp. makes no warranties, express or implied, as to the content of interactive areas of the site or the accuracy, or reliability of any information or statements contained therein.

By posting material you irrevocably agree to defend, indemnify and hold EC Systems Corp. (its related entities, officers, directors, employees and agents) harmless from any claims, damages, liabilities, costs or expenses arising out of any material you post, submit or upload.