Terms And Conditions:
Total Filtration Services Web Site Agreement
The Total Filtration Services Web Site (the "Service") is an online information and communications service provided by CLARCOR Inc. ("CLARCOR"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto.
"CLARCOR" and the "Total Filtration Services" design are registered trademarks of CLARCOR in the United States and other countries. Other marks which appear on this Web site may be marks of third parties that are not affiliated with CLARCOR. CLARCOR and its affiliates do not control or endorse the content of third party Web sites.
Please read this Agreement carefully before accessing or using the Service. By accessing or using the Service, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Service. CLARCOR may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review the Agreement periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified Agreement.
- Operating Policies. You agree to comply
with the Operating Policies set forth in Exhibit
A (as they may be amended by CLARCOR from time to time), which are
the rules that govern your activity in connection with the Service.
CLARCOR has the right but not the obligation to remove any communications
and materials that CLARCOR believes in its sole discretion violate the
Operating Policies.
- Copyright, Licenses and Idea Submissions.
The entire contents of the Service are copyrighted under the United
States copyright laws. The owner of the copyright is CLARCOR. You may
print and download portions of material from the different areas of
the Service solely for your own non-commercial use. You may make: (a)
one machine readable copy, (b) one backup copy, and (c) one print copy
of any portions of material downloaded from the different areas of the
Service solely for your non-commercial use. Any other copying, redistribution,
retransmission or publication of any downloaded material, is strictly
prohibited without the express written consent of CLARCOR or any third
party information provider to the Service. You agree not to change or
delete any proprietary notices from materials downloaded from the Service.
You agree to grant to CLARCOR a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without limitation,
ideas contained therein for new or improved products and services) you
submit to public areas of the Service (such as bulletin boards, forums
and newsgroups) by all means and in any media now known or hereafter
developed. You also grant to CLARCOR the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against CLARCOR for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to us.
- Use of the Service. You understand
that, except for information, products or services clearly identified
as being supplied by CLARCOR, CLARCOR does not operate, control or endorse
any information, products or services on the Internet in any way. Except
for CLARCOR-identified information, products or services, all information,
products and services offered through the Service or on the Internet
generally are offered by third parties that are not affiliated with
CLARCOR. You also understand that CLARCOR cannot and does not guarantee
or warrant that files available for downloading through the Service
will be free of infection or viruses, worms, Trojan horses or other
code that manifest contaminating or destructive properties. You are
responsible for implementing sufficient procedures and checkpoints to
satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Service for the
reconstruction of any lost data. You assume total responsibility
and risk for your use of the Service and the Internet. CLARCOR does
not make any express or implied warranties, representations or endorsements
whatsoever (including without limitation warranties of title or noninfringement,
or the implied warranties of merchantability or fitness for a particular
purpose) with regard to the Service, any merchandise, information or
service provided through the Service or on the Internet generally, and
CLARCOR shall not be liable for any cost or damage arising either directly
or indirectly from any such transaction. It is solely your responsibility
to evaluate the accuracy, completeness and usefulness of all opinions,
advice, services, merchandise and other information provided through
the Service or on the Internet generally. CLARCOR does not warrant that
the Service will be uninterrupted or error-free or that defects in the
Service will be corrected. The Service and any software made available
on the Service are provided on an "as is, as available" basis.
You understand further that the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. CLARCOR has no control over and accepts no responsibility whatsoever for such materials.
In no event will CLARCOR be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if CLARCOR or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, the Service. because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, CLARCOR's liability is limited to the greatest extent permitted by law.
- Indemnification. You agree to indemnify,
defend and hold harmless CLARCOR, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers
to the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of
this Agreement by you.
Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of CLARCOR and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- Term; Termination. This Agreement
may be terminated by either party without notice at any time for any
reason; provided that you may no longer use the Service after you have
terminated this Agreement. The provisions of paragraphs 2 (Copyright,
Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification),
5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination
of this Agreement.
- Miscellaneous. This Agreement shall
all be governed and construed in accordance with the laws of the State
of Delaware applicable to agreements made and to be performed in Delaware
. You agree that any legal action or proceeding between CLARCOR and
you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court of
competent jurisdiction sitting in Delaware. Any cause of action or claim
you may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. CLARCOR's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. CLARCOR may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Operating Policies
Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by CLARCOR. CLARCOR cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, CLARCOR reserves the right to monitor content on the Service and to remove content which CLARCOR, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse:
- Unless you are participating in an area of the Service
that requires or encourages anonymity, use your real name in online
communications.
- You may not post or transmit any message which is
libelous, defamatory or which discloses private or personal matters
concerning any person. You may not post or transmit any message, data,
image or program which is indecent, obscene or pornographic.
- You may not post or transmit any message, data, image
or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or
other confidential proprietary information, and trademarks or service
marks used in an infringing fashion.
- You may not interfere with other users use of the
Service.
- You may not post or transmit any file which contains
viruses, worms, "Trojan horses" or any other contaminating
or destructive features.
- You may not post or transmit any message which is
harmful, threatening, abusive or hateful. It is not the Service's intent
to discourage you from taking controversial positions or expressing
vigorously what may be unpopular views; however, CLARCOR reserves the
right to take such action as it deems appropriate in cases where the
Service is used to disseminate statements which are deeply and widely
offensive and/or harmful.
- You may not post or transmit charity requests, petitions
for signatures, chain letters or letters relating to pyramid schemes.
You may not post or transmit any advertising, promotional materials
or any other solicitation of other users of the Service for goods or
services except in those areas (e.g., a classified bulletin board) that
are designated for such purpose.
- You may not post or list articles which are off-topic
according to the description of the group or list or send unsolicited
mass emailings to 10 people or more if such e-mail could reasonably
be expected to provoke complaints from its recipients.
- You may not use the facilities and capabilities of the Service to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others.
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