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Each user of this Website agrees as follows:
1. Copyrights, Confidentiality and Other Intellectual Property
Except as otherwise provided on this website, all trademarks, copyrights,
content, information, business methods, graphic representations,
designs and documentation posted on this website as well as the
"look and feel" of this website (collectively, "the
intellectual property") is the property of Carvart Glass, Inc.
and its licensors. The posting of intellectual property does not
constitute a waiver, transfer or license of the proprietary rights
to you or to any third party.
The contents of the Carvart website, including but not limited
to text, graphics, and icons, are copyrighted materials owned and
controlled by Carvart Glass, Inc. and its licensors. You may download
one copy of the copyrighted materials on any single computer and
print a copy of the copyrighted materials solely for your use in
learning about, evaluating, or acquiring Carvart Glass, Inc.'s services
or products. No other permission is granted to you to print, copy,
reproduce, distribute, transmit, upload, download, store, display
in public, alter, or modify the copyrighted materials.
You agree to hold any Confidential Information (as defined below)
you obtain as a result of using this site in confidence and, unless
required by law, not to make the Confidential Information available
to any third party or to use the Confidential Information for any
purpose other than the business activities for which you were given
access to the Confidential Information. You agree to take all reasonable
steps to ensure that Confidential Information is not disclosed or
distributed by your employees or agents in violation of the terms
of this Agreement. For purposes of this Agreement, "Confidential
Information" means any and all proprietary, including sample
configuration, information labeled as "confidential" or
which a reasonable person would know constitutes proprietary information,
including but not limited to, business plans, financial reports,
customer lists and other customer information, descriptions of manufacturing
and sampling processes and product development and marketing plans.
You agree that aspects of this site, including the specific design
and structure of individual programs, constitute trade secrets and/or
copyrighted material of Carvart and its licensors. You shall not
disclose, provide, or otherwise make available such trade secrets
or copyrighted material in any form to any third party without the
prior written consent of Carvart and its licensors. You shall implement
reasonable security measures to protect such trade secrets and copyrighted
material. Title to this site and all its content shall remain solely
with Carvart and its licensors.
2. Disclaimer
This website includes information related to or referenced in the
offering documentation for certain Carvart Glass, Inc. products.
This information is provided for your general information only and
does not constitute an offer to sell or a solicitation of an offer
to buy products. The information does not constitute a sufficient
basis for making a decision with respect to the purchase of any
products. Before purchasing any products, please consult your products
advisor for information about and analysis of the products, its
risks and its suitability in your particular circumstances.
Although Carvart Glass, Inc. attempts to provide useful information,
Carvart Glass, Inc. does not guarantee that the information is accurate,
current or suitable for any particular purpose. Carvart Glass, Inc.
assumes no obligation to update or continue to post the information.
Carvart Glass, Inc. does not guarantee that access to this website
will be uninterrupted, that this website will be free of viruses
or that this website cannot be tampered with by third parties.
THIS WEBSITE AND THE INFORMATION ARE PROVIDED ON AN "AS IS"
BASIS, WITH NO WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE
OR ACCURACY OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. USE OF THIS WEBSITE AND THE INFORMATION
IS AT THE USER'S SOLE RISK. IN NO EVENT WILL CARVART GLASS, INC.
OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER
ARISING OUT OF OR RELATED TO THIS WEBSITE, ANY WEBSITE OPERATED
BY A THIRD PARTY OR ANY INFORMATION CONTAINED IN THIS WEBSITE OR
ANY OTHER WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
BUT NOT LIMITATION LOST DATA, LOST REVENUE, OR LOST PROFITS, UNDER
ANY THEORY, WHETHER UNDER A CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR ANY OTHER THEORY OF LIABILITY, EVEN IF CARVART GLASS, INC. IS
AWARE OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY CARVART OR ITS LICENSORS OR ANY OF ITS EMPLOYEES,
REPRESENTATIVES, OR RESELLERS SHALL CREATE ANY WARRANTY IN ADDITION
TO THOSE GIVEN HEREIN. TO THE EXTENT AN IMPLIED WARRANTY CANNOT
BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO NINETY (90)
DAYS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS PARTICULAR TO YOUR JURISDICTION.
THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF THE ABOVE STATED WARRANTY
FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES,
SOME OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
ALTHOUGH CARVART HAS TRIED TO BE AS ACCURATE, COMPLETE AND CURRENT
AS POSSIBLE, CARVART DOES NOT WARRANT THAT THE CONTENT HEREIN IS
ACCURATE, COMPLETE OR CURRENT. IT IS YOUR RESPONSIBILITY TO VERIFY
ANY INFORMATION BEFORE RELYING ON IT. THE CONTENT OF THIS SITE MAY
INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FROM TIME
TO TIME CHANGES ARE MADE TO THE CONTENT HEREIN. CARVART MAY MAKE
CHANGES IN THE PRODUCTS AND/OR THE SERVICES DESCRIBED HEREIN AT
ANY TIME. WE RESERVE THE RIGHT TO MAKE CHANGES AND CORRECTIONS AT
ANY TIME, WITHOUT NOTICE.
3. Links To and Use of This Website
This site is the property of Carvart Glass, Inc. and its licensors.
4. Links To Other Websites
Periodically, links may be established between this website and
one or more websites operated or content provided by third parties.
Carvart Glass, Inc. has no control over any such other websites
or the contents therein and neither Carvart nor its licensors will
have any liability arising out of or related to such websites or
their content. The existence of any such links does not constitute
an endorsement by Carvart Glass, Inc. or its licensors of such websites,
the contents of the websites or the operators of the websites.
5. Appropriate Use
You agree to abide by the laws of your jurisdiction and any jurisdiction
with which you communicate. All users will not post content which
is unsuitable or of a non-business nature including, but not limited
to, profane, obscene, threatening, defamatory or demeaning statements.
You are solely responsible for backing-up all data that you input
onto the site.
6. Security of Communications
Carvart has taken steps to ensure the authenticity and security
of communications sent to or from this site.
7. Registered User Responsibility
If you are a registered user, it is your responsibility to maintain
the confidentiality of any passwords given to you and to report
to Carvart immediately if the password is lost or stolen; there
is any change in authorization or access for use of the password;
or if your registered authorizations are revoked. User IDs and passwords
are provided to you personally, and you agree that you will not
give your password to any other party. Except as otherwise expressly
provided under these terms and conditions, you shall have no right
to, and you specifically agree not to (a) attempt to transfer, assign
or sublicense any license rights you receive under these terms and
conditions to any other person; (b) make error corrections to or
otherwise modify or adapt the site or create derivative works based
upon site, or to permit third parties to do the same; or (c) decompile,
decrypt, reverse engineer, disassemble or otherwise reduce any portion
of the site to human-readable form to gain access to trade secrets
or confidential information in the site. Any purported transfer,
assignment or sublicense by you of the limited and revocable rights
granted to you under these terms and conditions shall be void.
8. Use and Confidentiality of Communications
If you send a message to this website, such as (but not limited
to) an e-mail to the Webmaster, you hereby grant to Carvart Glass,
Inc. the right to read and use the communications as Carvart Glass,
Inc. deems appropriate in its sole judgment. You are hereby advised
that no facilities are provided by this website for sending or receiving
confidential communications.
By using this site, you acknowledge that Carvart will reserve the
right to monitor all activity and take reasonable action to protect
this website from unauthorized use.
Please read the Website Privacy Statement for additional information
about the use of your information.
9. Submissions
By using the Carvart website, you agree that Carvart will have right
to use and disclose any information that you submit to us across
Carvart-owned business entities, as appropriate, without compensation
or acknowledgment of its source. Carvart Glass, Inc. shall be free
to use any ideas, concepts, know-how or techniques, directly or
indirectly or otherwise based on information that you provide to
Carvart Glass, Inc. through our website, including, but not limited
to developing, manufacturing, and marketing products or services.
Carvart may acquire businesses or assets in the future to which
customer's personal information may be transferred in the course
of such transactions. Carvart may transmit the information to another
country for purposes such as for storage, or because of where our
servers are located. Carvart will release customer's Personal Information
if required to do so by law or by search warrant, subpoena or court
order.
10. U.S. Government
This site (including software and documentation) is a "commercial
item" as that term is defined at 48 C.F.R. 2.101, consisting
of "commercial computer software" and "commercial
computer software documentation" as such terms are used in
48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R.
227.7202-1 through 227.7202-4, all U.S. Government end users acquire
or use this site with only those rights set forth therein.
11. License
Carvart has granted to you a limited license to use and access this
website solely in accordance with these terms and conditions. Carvart,
may revoke such license at any time, in Carvart's sole judgment.
Nothing contained herein shall be construed as conferring by implication,
estoppel, or otherwise any license or right under any patent, trademark,
or proprietary rights of Carvart or any other third party. Except
as expressly provided above, nothing contained herein shall be construed
as conferring any license or right under any Carvart copyright.
This site and all software and documents contained herein is protected
by United States copyright law and international treaty. Unauthorized
reproduction or distribution is subject to civil and criminal penalties.
12. General
These Terms and Conditions will be construed in accordance with
the laws of Michigan, without regard to its conflict of law provisions.
The provisions of these Terms and Conditions are severable. If any
such provision is determined to be unenforceable, such unenforceability
will not affect any other provision of these Terms and Conditions,
and the Terms and Conditions will be construed as if such unenforceable
provision had not been contained therein. No wavier by Carvart Glass,
Inc. of any right under of provision of these Terms and Conditions
will be deemed to be either a waiver of any other such right or
provision of a waiver of that same right or provision at any other
time.
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