Terms Of Use

Please read these Terms of Use carefully before using this web site.  If you do not agree to these Terms, then please do not use this site.

BOEING EMPLOYEES WINE AND BEERMAKERS CLUB
RELEASE AND INDEMNITY AGREEMENT

I state that I wish to participate in activities offered by the Boeing Wine and Beermakers Club, (hereinafter referred to as "the Club"), a Boeing Recreation Club. I RECOGNIZE THAT ANY CLUB ACTIVITIES MAY INVOLVE CERTAIN RISKS AND DANGERS. I certify that I am aware of all the obvious and inherent risks of the Club’s activities, including but not limited to: inadequate safety equipment, miscalculations, inexperience, improper training, equipment malfunctions, human error, accidents or illness in areas without medical facilities, the forces of nature, and the actions of any other members, any participants or any other persons all of which may result in personal injury, death, property damage and other losses.

In consideration for the right to participate in the Club’s activities, I HEREBY RELEASE THE CLUB AND THEIR DIRECTORS, OFFICERS, INSTRUCTORS AND MEMBERS AND THE BOEING COMPANY, ITS DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY AND ALL LIABILITY, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH MY PARTICIPATION IN ANY OF THE CLUB’S ACTIVITIES. I PERSONALLY ASSUME ALL RISKS IN CONNECTION WITH THESE ACTIVITIES, AND FURTHER AGREE TO INDEMNIFY THE CLUB AND ITS DIRECTORS, OFFICERS, MEMBERS AND INSTRUCTORS, AND THE BOEING COMPANY, ITS DIRECTORS, OFFICERS, AND EMPLOYEES FROM ALL LIABILITY, CLAIMS AND CAUSES OF ACTION WHICH I MAY HAVE ARISING FROM MY PARTICIPATION IN CLUB ACTIVITIES. The terms of this agreement will serve as a release and indemnity agreement for my heirs, personal representative, and for all members of my family, including any minors.

I further state that I am eighteen (18) years of age or older and legally competent to sign this release, that I understand these terms are contractual and not a mere recital, and that I have signed this document as my own free act. (Parents or legal guardians must sign for all persons under eighteen (18) years of age).

I have fully informed myself of the contents if this release and indemnity by reading it before I signed it (continuing to use the site or clicking accept terms legally constitutes a signature of this form).

Intended Audience/Use


The Boeing Employee Wine and Beermakers Club ("BEWBC") provides this web site to you, subject to these Terms of Use. The Terms of Use may be updated by BEWBC from time to time without notice to you. You can review the most current version of the Terms of Use at: http://bewbc.org. This web site and other BEWBC web sites that are linked to this site or affiliated with this site (collectively "the Site") and all the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on the Site (collectively "Content"), is intended for the lawful use of BEWBC's members. The Site is controlled and operated in whole or in part by BEWBC. You acknowledge that BEWBC reserves the right in its sole discretion to refuse or terminate access to the Site by you at any time.

 

Affilliation With The Boeing Compnay ©

The activities of the BEWBC and this site have no affiliation to the Boeing Company.  The thoughts, views and opinions expressed here on this site are not those of The Boeing Company.


 Acceptance of Terms


You acknowledge you have read, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use the site.

 Restrictions on Use of Content


©Copyright 2007 BEWBC, Inc. All Rights Reserved. The unauthorized copying, displaying or other use of any Content from this site is a violation of the law. You acknowledge having been advised by BEWBC that the Content is protected in the U.S. and internationally by a variety of laws, including but not limited to, copyright laws and treaty provisions, trademark laws, patent laws and other proprietary rights laws (collectively, "Rights"). In addition to BEWBC's Rights in individual elements of the Content, BEWBC or its licensors own a copyright in the selection, coordinacion and arrangement of the Content. You are hereby granted permission to access the Content from the Site in whole or in part, solely for your personal, non-commercial use of viewing and browsing through the Site or ordering products or services from the Site. This permission terminates automatically if you breach any of the web site Terms of Use. If pursuant to an authorization from BEWBC, you download software from the Site, the software, including all code, files, images, contained in or generated by the software, and accompanying data, are deemed to be licensed to you by BEWBC. Neither title nor intellectual property rights are transferred to you, but remain with BEWBC, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software to a perceivable form. BEWBC does not grant you any permission to use the Content other than the permission expressly stated in these Terms of Use. All other use of Content from the Site, including, but not limited to uploading, downloading, modification, publication, transmission, participation in the transfer or sale of, copying, reproduction, republishing, creation of derivative works from, distribution, performance, display, incorporation into another web site, reproducing the Site (whether by linking, framing or any other method), or in any other way exploiting any of the Content, in whole or in part, or downloading and using software repeatedly for uses other than those expressly permitted may not be made without BEWBC's prior express written consent. 

 Trademarks and Service Marks


There are a number of proprietary logos, service marks, trademarks, slogans and product designations found on this Site. By making them available on this Site, BEWBC is not granting you a license to use them in any fashion. Access to this Site does not confer upon you any license under any of BEWBC's or any third party's intellectual property rights.

BEWBC and the Stylized BEWBC Logo are registered in the U.S. Patent & Trademark Office. All other product or service names are the property of their respective owners. ©BEWBC, Inc. 2007. Marks owned by third parties include the following:

  • Acrobat® and Acrobat Reader® are registered trademarks of Adobe Systems Incorporated.
  • JavaTM Technology and/or J2METM and all other Java-based marks are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. and other countries.
  • Joomla and all related trademarks are registered by Joomla.
  • Macintosh®, Quicktime® and Quicktime logo are registered trademarks of Apple Computer, Inc.
  • Microsoft®, Windows®, ActiveSync®, and Windows Media® are registered trademarks of Microsoft Corporation; and Windows XPTM and Windows MobileTM are trademarks of Microsoft Corporation.
  • Netscape® is a registered trademark of Netscape Communication Corporation.

No BEWBC trademark or service mark may be used as a hyperlink without BEWBC's prior written permission.

 Submission of Information


BEWBC does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.

Any information you do send to BEWBC through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit you hereby grant BEWBC an unrestricted, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that BEWBC is free to use any ideas, concepts, know-how or techniques that you send BEWBC for any purpose whatsoever without compensation to you or any other person sending the Non-Confidential Information, and you represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by BEWBC will not infringe or violate the rights of any third party. Your personally identifiable information you submit to us shall be treated in accordance with our Privacy Statement.

You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

 Message Boards

 

 

 BEWBC Privacy Statement


BEWBC's collection and use of personally identifiable information about you is subject to our Privacy Statement. For more information, see our full privacy statement for this site by selecting the link at the bottom of the page. This site is intended for use by persons over the age of 21.  No information should be submitted to or posted on this web site by users under 21 years of age. BEWBC encourages parents to take an active role in their children's use of the Internet, and to inform them of the potential dangers of providing information about themselves over the Internet.

 Participation in Promotions and Other Site Activities


If you choose to participate in a promotion or other BEWBC-sponsored activity ("Web Site Activity"), you agree to comply with any rules or regulations governing such Web Site Activity. Additionally, as a condition of your continued participation in the Web Site Activity, you agree not to: 1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; 2) harm minors in any way; 3) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 4) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web Site Activity; 5) upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 6) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; 7) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; 8) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 9) interfere with or disrupt the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service; 10) "stalk" or otherwise harass another person or entity; or 11) collect or store personal data about other users. You agree that violation of any of the foregoing will result in your immediate disqualification from participant in the Web Site Activity, and may result in additional legal actions being taken by BEWBC.

 Links to Third-Party Web Sites


This Site may provide links to other third-party World Wide web sites or resources. BEWBC makes no representations whatsoever about any other web site which you may access through this Site. Because BEWBC has no control over such sites and resources, you acknowledge and agree that BEWBC is not responsible for the availability of such external sites or resources and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. BEWBC makes no representation or warranty as to any third party Content, products or services, and you agree that BEWBC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party Content, products or services available on or through any such site or resource.

 Notices


Notices to you may be made via either email or regular mail. BEWBC may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

 Disclaimer of Warranty


BEWBC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER web siteS LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, BEWBC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEWBC SHALL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.

 Limitation of Liability


BEWBC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES EVEN IF BEWBC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, BEWBC'S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

 Revisions


BEWBC may modify, suspend, withdraw or discontinue, temporarily or permanently, the Content, in whole or in part, at any time without notice. You agree that BEWBC shall not be liable to you or to any third party for any modification, suspension, withdrawal or discontinuance of the Content. BEWBC may at any time revise these web site Terms of Use by updating this posting. By using the Site, you agree to be bound by any such revisions and you agree to periodically visit this page to determine the then current web site Terms of Use to which you are bound.

 Termination


You agree that BEWBC, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, that BEWBC believes you have violated or acted inconsistently with the letter or spirit of these Terms of Service, or the terms, conditions, or rules of a sweepstakes, contest, or other promotion contained within the Site.

 General Information


The Terms of Use constitute the entire agreement between you and BEWBC and govern your use of the Site, superceding any prior agreements between you and BEWBC relating to your use of this site. You may also be subject to additional terms and conditions that may apply when you use purchase products or services, participate in a sweepstakes, contest or other promotion, participate in a BEWBC-sponsored Developer Program or service, or use or download software. If any provision of these web site Terms of Use is held to be invalid by any law, rule, order or regulation of any government or by the final determination of any state or federal court, such invalidity shall not affect the enforceability of any other provision of the Terms of Use. The failure of BEWBC to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. By accessing the Site you agree that the statutes and laws of the united states and the state of Illinois, USA without regard to conflicts of laws principles, will apply to all matters relating to use of the site, and you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Illinois, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.

 Violations


Please report any violations of these Terms of Use to BEWBC at http://www.bewbc.org