AGREEMENT BETWEEN USER AND CRC INDUSTRIES
The CRC Industries Web Site is comprised of various Web pages operated
by CRC Industries.
The CRC Industries Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and
notices contained herein. Your use of the CRC Industries Web
Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
CRC Industries reserves the right to change the terms, conditions,
and notices under which the CRC Industries Web Site is offered,
including but not limited to the charges associated with the use of
the CRC Industries Web Site.
LINKS TO THIRD PARTY SITES
The CRC Industries Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of
CRC Industries and CRC Industries is not responsible for the contents
of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. CRC
Industries is not responsible for webcasting or any other form of
transmission received from any Linked Site. CRC Industries is
providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by CRC Industries
of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the CRC Industries Web Site, you warrant
to CRC Industries that you will not use the CRC Industries Web Site
for any purpose that is unlawful or prohibited by these terms,
conditions, and notices. You may not use the CRC Industries Web
Site in any manner which could damage, disable, overburden, or impair
the CRC Industries Web Site or interfere with any other party's use
and enjoyment of the CRC Industries Web Site. You may not obtain
or attempt to obtain any materials or information through any means
not intentionally made available or provided for through the CRC
Industries Web Sites.
USE OF COMMUNICATION SERVICES
The CRC Industries Web Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities designed
to enable you to communicate with the public at large or with a
group (collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and
material that are proper and related to the particular Communication
Service. By way of example, and not as a limitation, you agree
that when using a Communication Service, you will not:
-
Defame, abuse, harass, stalk, threaten or otherwise violate the legal
rights (such as rights of privacy and publicity) of others.
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Publish, post, upload, distribute or disseminate any inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information.
-
Upload files that contain software or other material protected by
intellectual property laws (or by rights of privacy of publicity)
unless you own or control the rights thereto or have received all
necessary consents.
-
Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of
another's computer.
-
Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages.
-
Conduct or forward surveys, contests, pyramid schemes or chain
letters.
-
Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally
distributed in such manner.
-
Falsify or delete any author attributions, legal or other proper
notices or proprietary designations or labels of the origin or source
of software or other material contained in a file that is uploaded.
-
Restrict or inhibit any other user from using and enjoying the
Communication Services.
-
Violate any code of conduct or other guidelines which may be
applicable for any particular Communication Service.
-
Harvest or otherwise collect information about others, including
e-mail addresses, without their consent.
-
Violate any applicable laws or regulations.
CRC Industries has no obligation to monitor the Communication
Services. However, CRC Industries reserves the right to review
materials posted to a Communication Service and to remove any
materials in its sole discretion. CRC Industries reserves the
right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
CRC Industries reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in CRC
Industries's sole discretion.
Always use caution when giving out any personally identifying
information about yourself or your children in any Communication
Service. CRC Industries does not control or endorse the content,
messages or information found in any Communication Service and,
therefore, CRC Industries specifically disclaims any liability with
regard to the Communication Services and any actions resulting from
your participation in any Communication Service. Managers and
hosts are not authorized CRC Industries spokespersons, and their
views do not necessarily reflect those of CRC Industries.
Materials uploaded to a Communication Service may be subject to
posted limitations on usage, reproduction and/or dissemination. You
are responsible for adhering to such limitations if you download the
materials.
MATERIALS PROVIDED TO CRC INDUSTRIES OR POSTED AT ANY
CRC INDUSTRIES WEB SITE
CRC Industries does not claim ownership of the materials you provide
to CRC Industries (including feedback and suggestions) or post,
upload, input or submit to any CRC Industries Web Site or its
associated services (collectively "Submissions"). However, by
posting, uploading, inputting, providing or submitting your
Submission you are granting CRC Industries, its affiliated companies
and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute,
transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in
connection with your Submission.
No compensation will be paid with respect to the use of your
Submission, as provided herein. CRC Industries is under no obligation
to post or use any Submission you may provide and may remove any
Submission at any time in CRC Industries's sole discretion.
By posting, uploading, inputting, providing or submitting your
Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE CRC INDUSTRIES WEB SITE MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. CRC INDUSTRIES AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE CRC INDUSTRIES WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE CRC INDUSTRIES WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL
FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
CRC INDUSTRIES AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE CRC INDUSTRIES WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. CRC
INDUSTRIES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
CRC INDUSTRIES AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH
THE USE OR PERFORMANCE OF THE CRC INDUSTRIES WEB SITE, WITH THE
DELAY OR INABILITY TO USE THE CRC INDUSTRIES WEB SITE OR RELATED
SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR
ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE CRC INDUSTRIES WEB SITE, OR OTHERWISE ARISING
OUT OF THE USE OF THE CRC INDUSTRIES WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CRC INDUSTRIES OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CRC
INDUSTRIES WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CRC INDUSTRIES
WEB SITE.
TERMINATION/ACCESS RESTRICTION
CRC Industries reserves the right, in its sole discretion, to
terminate your access to the CRC Industries Web Site and the related
services or any portion thereof at any time, without
notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed
by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or
relating to the use of the CRC Industries Web Site. Use of
the CRC Industries Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency
relationship exists between you and CRC Industries as a result of
this agreement or use of the CRC Industries Web Site. CRC
Industries's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement is
in derogation of CRC Industries's right to comply with governmental,
court and law enforcement requests or requirements relating to your
use of the CRC Industries Web Site or information provided to or
gathered by CRC Industries with respect to such use. If any
part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement
shall continue in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement between the user and
CRC Industries with respect to the CRC Industries Web Site and it
supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and CRC
Industries with respect to the CRC Industries Web Site. A
printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business
documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement
and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the CRC Industries Web Site are: Copyright © 2003-2009
CRC Industries and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be
the trademarks of their respective owners.
The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or should
be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement under United States
copyright law should be sent to Service Provider's Designated
Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making
Claims of Copyright Infringement.
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