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CRASHCARTS.com
Terms and Conditions of Use
This web site
("Web Site") is provided by Crashcarts.com for use
by its customers, potential customers, and employees. This agreement
("Agreement")
states the Terms and Conditions under which you may use this
Web Site. References to the "Web Site" in this Agreement specifically
include all Crashcart.com e-newsletters. Please read this page
carefully.
BY ACCESSING
THIS WEB SITE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
If you
do not accept the Terms and Conditions stated here, do not
use this Web Site.
Crashcarts.com
may revise these Terms and Conditions at any time by updating
this posting. You should visit this page periodically to
review these Terms and
Conditions,
because they are binding on you. If you violate any of these
Terms, your permission to use the Materials (as defined below)
automatically terminates
and you must immediately destroy any copies you have made
of the Materials.
Use of Materials
Crashcarts.com authorizes
you to view, copy, and reproduce for your own noncommercial use
any of the Materials on this Web
Site provided that you agree to and abide by the terms and
conditions contained
here and
in any separate agreement you enter into with Crashcarts.com.
The
contents of this Web Site, such as text, graphics, images,
trademarks, and other content ("Materials"), are protected by
United States and foreign copyright, trademark, and other
laws. Unauthorized use of the Materials may violate applicable laws. You
must
retain all copyright
and other proprietary notices contained in the original Materials
on any copy you make of the Materials. You may not sell or
modify the Materials
or reproduce, display, publicly perform, distribute, or otherwise
use the Materials in any way for any public or commercial purpose.
The use of the
Materials on any other Web site or in a networked computer
environment for any purpose is prohibited. Except as specifically
stated here, nothing on
this Web Site shall be construed as granting any license
under any of Crashcarts.com's intellectual property rights, whether by estoppel,
implication, or otherwise.
Crashcarts.com prohibits the use of any Crashcarts.com trademark,
or any related graphic, as a "hot" link to any Web site unless
approved by Crashcarts.com. All rights not specifically granted
herein are hereby
reserved by Crashcarts.com.
The following is a partial list
of trademarks, including registered trademarks, owned by
or under the control of Crashcarts.com
or its affiliates. All other products and services mentioned
on this
Web
Site are identified
by the trademarks or service marks of their respective
companies or organizations. Additional marks may be added to this
list from time to time at Crashcarts.com's
discretion.
Crashcarts.com Liability
The Materials may
contain inaccuracies or typographical errors. Crashcarts.com makes
no representations about
the accuracy, reliability, completeness, or timeliness of the
Materials or about the results
to be obtained from using this Web Site or the Materials.
The use of the Web Site
and the Materials is at your own risk. Changes are
periodically made to the Web Site and may be made at any time.
CRASHCARTS.COM
DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE
OR THAT THIS WEB SITE AND ITS SERVER
ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS.
IF YOUR USE
OF THE WEB
SITE
OR THE MATERIALS
RESULTS
IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, CRASHCARTS.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS
WEB SITE AND THE MATERIALS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT
ANY WARRANTIES OF ANY KIND.
CRASHCARTS.COM AND ITS SUPPLIERS, TO THE FULLEST
EXTENT PERMITTED BY
LAW, DISCLAIM ALL WARRANTIES,
INCLUDING
THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT
OF THIRD PARTIES' RIGHTS,
AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
CRASHCARTS.COM AND ITS SUPPLIERS MAKE NO WARRANTIES
ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE MATERIALS, SERVICES, GRAPHICS,
AND LINKS.
NOTWITHSTANDING ANYTHING CONTAINED HEREIN
TO THE CONTRARY, THE TOTAL MAXIMUM LIABILITY OF CRASHCARTS.COM
IS LIMITED,
IN CRASHCARTS.COM'S SOLE DISCRETION, TO EITHER
(i) REPAIR OF ANY AFFECTED MATERIALS
OR PART THEREOF; OR (ii) REPLACEMENT OF ANY AFFECTED
MATERIALS OR PART
THEREOF.
Disclaimer of Consequential Damages
IN NO
EVENT SHALL CRASHCARTS.COM, ITS AFFILIATES, SUPPLIERS, OR ANY THIRD
PARTIES MENTIONED AT
THIS WEB SITE BE
LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL
AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM
LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE THE WEB SITE
AND THE MATERIALS, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER
OR NOT CRASHCARTS.COM IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
Links to Other Sites; Third-Party
Content, Products, and Services
The Web Site may contain links
to third-party Web sites or information about the products
or services of a third party. These links
and information are provided
solely as a convenience
to you
and not as
an endorsement or
sponsorship by Crashcarts.com of the contents
on such third-party
Web sites or the products or services of
such third parties. Crashcarts.com is not
responsible for the content of linked third-party
Web sites or the products or services of
such third party
and does not make any representations
regarding
the content or accuracy of materials on such
third-party Web sites or the products or
services of such
third
party. If you decide to access linked
third-party Web sites or use products or
services of any
third party, you do so at your own risk.
Some links may expire or move over time, and access
to the sources of some links may require
registration and/or fee-based subscriptions.
Indemnity
You agree to defend, indemnify, and hold
harmless Crashcarts.com, its officers,
directors, employees
and agents, from
and against any claims, actions or demands,
including without limitation reasonable
legal and accounting fees, resulting from your
use of the Materials
or your breach
of the terms of this Agreement. Crashcarts.com
shall provide notice to you promptly
of any such claim, suit, or proceeding and
shall assist you, at your expense, in defending
any such claim,
suit or proceeding.
User Information
Crashcarts.com may use the
information it obtains relating to you, including
your IP address, name, mailing address,
e-mail address, and use
of the Web Site, for its internal business
and marketing purposes, subject to
the terms
and
conditions of
its Privacy Statement.
General
This Web Site was created, and is
maintained, in Fort Myers, Florida. Crashcarts.com
makes no claims that the Materials
are appropriate for access or use
outside of the United
States. If
you
access
the Web Site from outside of the
United States, you do so at your
own risk and are
responsible for
compliance with the laws of your
jurisdiction. This Agreement is governed by the internal
substantive laws of the State
of Florida, without respect
to its conflict of laws principles.
Any action related to this Agreement
shall be brought
only in the state
and federal courts
of the State of Florida
and both parties waive any objection
to the
personal jurisdiction of and venue
in such courts. If any provision
of this Agreement is found to be
invalid by any court having competent
jurisdiction,
the invalidity of such provision
shall not affect
the validity of the remaining
provisions of this
Agreement, which shall remain in
full force and effect.
No waiver of any term of this Agreement
shall be deemed a further or continuing
waiver of
such term or any other term. This
Agreement constitutes the
entire
Agreement between you and Crashcarts.com
with respect to the use of the Web
Site
and the Materials.
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