Terms of Service

Jenbacher Users Group

These Terms of Service, the User Forum Guidelines, the Venture Engineering & Construction Website Terms of Use and Privacy Statement govern your use of the Jenbacher Users Group Forum (the “User Forum”). These Terms of Service describe appropriate and inappropriate conduct and prohibited uses of the User Forum as well as your legal agreement with respect to your use of the User Forum. These terms are not exhaustive and Venture reserves the right to modify them at any time, effective upon posting of the modified terms on the User Forum. By registering as a user or using the User Forum, you agree to abide at all times by these terms as may be modified by Venture from time to time. Any violation of these terms by you may result in the suspension or termination of your right to access the User Forum, in addition to potential other liability on your part.

Permissible Uses
Venture believes that the User Forum can be a valuable place for Jenbacher lean burn engine users to exchange information, to learn from one another, and to discuss ideas and improvements related to Jenbacher products and services and related technology. Like any such community, the User Forum is most valuable when everyone follows certain basic guidelines and rules of conduct. These Terms of Service and the User Forum Guidelines set forth these Rules and Guidelines so that you know what is expected of you and what you can expect from other participants when using the User Forum.

At Venture, we want the User Forum to be appropriate, friendly, informative, safe and fun for all of our users. We want our users to utilize the User Forum only to answer questions, correct problems, and learn more about Jenbacher engine O&M tips and tricks. If everyone follows these Terms of Service and the User Forum Guidelines, then the User Forum should remain a fun and informative community.

The User Forum is an English language forum geared towards users of Jenbacher lean burn engine generator products and associated plant equipment. Use of the User Forum is governed by U.S. law.

You must be registered in order to access the User Forum and read the message boards. However, registration, login and agreement to these Terms of Service are required in order to post to the message boards and adjust user settings. Venture will handle all information received from you in accordance with Venture’s Privacy Statement.

When you register, you will also be asked to enter your personal information. Please keep in mind when choosing a nickname and filling out your profile that whenever you post to a message board your nickname, and a link to your profile and online status, will automatically appear with your post. (Note: Options to hide certain fields are available in the user profile.)

We may refuse to grant you, and you may not use, a nickname, username or email address that is already being used by someone else, impersonates another person, belongs to another person (without his or her prior consent), violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or that we reject for any other reason at our sole discretion.

In consideration of your use of the User Forum, you agree that all information provided in your profile is accurate, true, current and complete. Venture may terminate your account if any of the information provided is found to be inaccurate, false, out of date, or incomplete.

Posting Content/ Sending Private Messages
Participation in the User Forum is governed by the Rules of Conduct set forth below and incorporated herein by reference. Messages sent by the Private Messages component are subject to all rules set forth in these Terms of Service. Note: Other users have the right to block Private Messages sent using the Ignore feature, or to turn off this feature altogether.

Venture does not pre-screen, verify or edit the content posted by users in the User Forum. However, Venture and its agents reserve the right to investigate any violation of the Venture Website Terms of Use, these User Forum Terms of Service and the User Forum Guidelines and to take appropriate remedial action. Venture has the absolute discretion to take any action whatsoever, in its sole discretion, with respect to the User Forum, including but not limited to enforcement of the terms of these documents, warning users of violations, disabling or suspending Private Message privileges and/or the User Forum, accessing, deleting, screening or editing any content, or prohibiting any behavior that does not comply with these Terms of Service, including the Rules of Conduct, or which is otherwise inappropriate for this User Forum, harmful, objectionable, or inaccurate, each, as may be determined by Venture in its sole and absolute discretion. If it is deemed desirable by Venture, in its sole discretion to delete content for violation of the Terms of Service or for any other reason, part of or the entire thread, including the original post and any or all replies, may be deleted. Venture reserves the right to remove posts and to remove or otherwise edit content without prior notice to you; however, at Venture’ sole discretion, Venture may request that a user edit a post to delete the objectionable content and resubmit it.

Venture also may release information concerning your use of the Discussion Forum (including posted content, registration information, and network records) when Venture believes it necessary, in its sole discretion, to do so. Circumstances under which Venture may release information includes, but is not limited to, compliance with the law (including but not limited to a lawful subpoena, warrant or court order); to enforce or apply Venture’s Website Terms of Use and these Terms of Service; to protect Venture’s rights or property, or to protect Venture’s users from fraudulent, abusive, or unlawful use of the User Forum; or if Venture reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay. In addition, Venture may also use any information hereunder in a manner that is consistent with Venture’s Privacy Statement.

Deliberate attempts by you or someone on your behalf to evade or circumvent your suspension or termination of your rights to use the User Forum violates these Terms of Service, constitutes an unlawful trespass to Venture’ equipment and systems, and may result in legal action.

Rules of Conduct
By participating in the User Forum, including the posting of content and sending of Private Messages, you agree that you will not upload, post, or otherwise transmit any content (including text, links, communications, software, images, sounds, data, or other information) that:

    1. Is not consistent with the permissible uses outlined by these Terms of Service;
    2. Includes content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, vulgar, profane, sexually explicit, obscene, racially or ethnically offensive or otherwise objectionable;
    3. Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
    4. Constitutes advertising or promotion, junk mail, “spamming,” chain letters, or any other form of unauthorized solicitation, including solicitation of lawsuits. Links that connect to commercial websites will not be considered unauthorized solicitations unless the link or the website content appears to be intended as a means of solicitation as determined by Venture in its sole discretion;
    5. Contains software viruses, Trojan horses, worms, time bombs, cancelbots or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware;
    6. Provides any non-public information about Venture, Jenbacher or any other company or person without the proper authorization to do so.
    7. Intentionally interferes with the operation of the User Forum or with a fellow user’s message box, without limitation, mail or “post” bombing, news bombing, other flooding techniques, deliberate attempts to overload a system and broadcast attacks, or attempts to avoid messaging blocking.
    8. Impersonates any person or entity, including a Venture employee or forges any TCP-IP packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
    9. Attacks or insults another Venture User Forum user or Moderator / Liaison;
    10. Suggests or encourages illegal activity. Do not use the User Forum (including Private Messages) in any manner that violates federal or state antitrust laws or other laws regarding competition or trade. Do not discuss or use the User Forum to bring about, or attempt to bring about, any understanding or agreement among and between actual or potential competitors with regard to prices, terms or conditions of sale, distribution, volume of production, sales territories, customers, credit terms, or marketing practices. Do not post any information concerning bids or intentions to bid for particular opportunities, market shares, salaries, costs, profit margins, or any other topic which could have an adverse impact on competition or trade or could violate applicable laws and regulations. In addition, do not use the User Forum to solicit, encourage or agree with others to refrain from purchasing any materials, product, services or other supplies from any supplier or vendor or from dealing with any supplier or vendor; or
    11. Violates U.S. export law, including, without limitation, the Export Administration Act and Export Regulations maintained by the Department of Commerce.

Additional Rules
These additional rules are intended to set the User Forum’s tone and visitor expectations, in order to improve the User Forum experience. You hereby agree to abide by these additional rules.

Do not reveal information that you do not want to make public. Any personal information that you post can be obtained and used by others. Anything you post in the User Forum, you post at your own risk.

You use the User Forum at your own risk. In any online forum like the User Forum, it is not possible to be sure that other users are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated.

Please refrain from posting where you do not know the answer. Incorrect, misleading or incomplete responses do not help other users. Please feel free to respond to any post where you know the answer and you intend to contribute in a constructive way to the discussion. User Forum users have come to trust that they will get good answers. Please help build and maintain that trust.

User Forum Moderators/Liaisons do not respond to every post. The User Forum is a place for users to help users. User Forum Moderators/Liaisons will review the message boards, and respond at their discretion.

Be considerate and respectful to other users. Some User Forum users may be relatively new to Jenbacher lean burn engines, or forums such as the User Forum and may not have extensive knowledge of these areas. Belittling or insulting remarks are not conducive to the creation of a strong online community.

Release and Indemnification
You hereby release and agree to indemnify and hold Venture, and its subsidiaries, affiliates, officers, agents, and employees harmless from any claim, including reasonable attorneys’ fees, made by any party due to or arising out of content you submit, post, transmit or make available through the User Forum or its Private Message feature, your use of the User Forum, your violation of these Terms of Service, the Venture Website Terms of Use, the User Forum Guidelines or the violation by you or Venture, and its subsidiaries, affiliates, officers, agents, and employees, of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

Disclaimer of Warranties and Limitation of Liability
Venture is not a distributor of GE Jenbacher products or services, or any other OEM products or services. We are an independent Engineering & Construction firm and Venture is providing this User Forum as a helpful tool for Jenbacher lean burn engine users.

Most of the content posted to the User Forum and sent in Private Messages is provided by third parties like you. Such third-party content is the sole responsibility of the person originating that content. Venture does not control, and is not responsible for this third-party content.

Venture does not warrant or guarantee the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any content on the User Forum, regardless of who originates that content. You expressly understand and agree that you bear all risks associated with using or relying on any such content. Venture will not be liable or responsible in any way for any content posted on or linked from the User Forum or in Private Messages, including, but not limited to, any errors or omissions in content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any content. This disclaimer and limitation on liability is in addition to the disclaimers and limitations contained in the Venture Website Terms of Use that apply to all of Venture’s websites.

Governing Law and Venue