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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. 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 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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