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Date
Revised and Posted: February 18, 2002
Carrier Industries, its affiliates and
subsidiaries ("CARRIER") provide this web site, located at URL <http://www.carrierindustries.com>,
and all associated web pages (the "Site") subject to the
following terms and conditions contained in this Terms of Use
Agreement ("Agreement"). You hereby acknowledge and agree that you have
freely and voluntarily entered into this Agreement, and have read
and understood each and every provision, including, but not limited
to, your rights, obligations, and applicable terms and conditions as
set forth herein. By using this Site, you are representing that you are at
least eighteen (18) years of age. Your use of the Site will signify
your assent to be bound by this Agreement. If you do not agree to be
legally bound by this Agreement, you should exit this Site
immediately.
We
reserve the right to amend this Agreement at any time and will
notify you of any such changes by posting the revised Agreement on
the Site. Unless otherwise specified, such changes shall be effective
upon posting. You have the obligation to review changes in this
Agreement. You agree
that your
continued use of the Site after the posting of any revised Agreement
constitutes your agreement to be bound by such revised Agreement
Your Access to the Site
Certain portions of the Site are available only to
registered users. Registered users of the secure portions of the
Site (the "Registered Users") will be assigned a user
identification ("User ID") and a password (your "Password").
If you are a Registered User, you are solely responsible for all
activity occurring through the use of your Password and for keeping
your User ID and Password confidential. You are also responsible for
all Site activity by others to whom you have voluntarily disclosed
your password. You agree to notify us immediately of the actual or
suspected unauthorized use, unauthorized disclosure, or theft of
your Password. Users who are not Registered Users are not permitted
to access the password-protected areas of the Site and are
prohibited from attempting to do so.
Permitted Use
CARRIER grants you a personal, non-exclusive, non-transferable, non-sublicensable,
limited and revocable right to access, use and display this Site and
the information contained therein on any computers or other
electronic display device of which you are a user, subject to all
terms and conditions of this Agreement. The Site and the information
contained therein are for your internal uses only and you may not
sell, copy (except for a singular copy for personal use), license or
otherwise distribute the Site or the any of the information
available therein. No other use of the Site and the information
contained thereupon is authorized. In consideration of this
authorization, you agree that any copy, download or dissemination of
these materials will retain all copyrights, trademarks, and other
proprietary notices in the same form and manner as on the original.
Monitoring of the Site
We have no obligation to monitor the Site.
However, you acknowledge and agree that we have the right to
monitor the Site electronically from time to time and to disclose
any information as necessary or appropriate to satisfy any law,
regulation or other governmental request, to operate the Site and
properly, or to protect itself or other users of the Site.
Notice of Trademark Rights,
Copyright and Rights in Proprietary Materials
The
trademarks, service marks and logos of CARRIER are marks of CARRIER and
any third party trademarks, service marks, logos and trade names
appearing on the Site are the property of their respective owners.
You acknowledge the rights of CARRIER and the respective third
parties in those marks and, further, that you have no right or
authorization to copy or use any of those trademarks, service marks,
logos, or trade names in any way except as expressly granted by this
Agreement. In addition,
the Site contains material protected by copyrights, patents, or
other proprietary rights and laws, including, but not limited to,
text, software, photos, videos, graphics, images music and sound
(collectively referred to herein as the "Proprietary
Material") and such material is owned by CARRIER, or its
licensors. Any use of
such Proprietary Material other than as permitted herein is
expressly prohibited without the prior permission of CARRIER and/or the
relevant rightholder.
In the event
that you believe, in good faith, that any materials on the Site
infringes your copyrights, notifications of claimed copyright
infringement should be sent, in accordance with Title 17, United
States Code, Section 512(c)(2) (a portion of the "Digital
Millenium Copyright Act") to CARRIER' designated agent, as set
forth below:
Copyright Agent: Craig
Eisenberg
Attn: Chief Financial
Officer
Phone: 908-965-0100 Ext#
205
Fax: 908-965-1894
Email: ceisenberg@nemf.com
Privacy
Your privacy is of great importance to us.
All information gathered from you related to your use of the
Site will be governed by our Privacy
Policy.
Disclaimer of Warranties
YOU
ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL OF THE CONTENTS THEREIN
ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. CARRIER DOES
NOT MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIMS ANY,
REPRESENTATIONS, ENDORSEMENTS, GUARANTEES OR WARRANTIES, EXPRESS OR
IMPLIED, (COLLECTIVELY "WARRANTIES"), REGARDING THIS SITE,
INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES: (I) OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS; (II) ARISING FROM
ANY COURSE OF DEALING, COURSE OF USAGE OR COURSE OF PERFORMANCE;
(III) THAT THE SITE, ITS SERVERS, OR EMAIL SENT FROM CARRIER ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (IV) OF TIMELINESS,
ACCURACY, RELIABILITY OR CONTENT OF THIS SITE AND ANY INFORMATION
PROVIDED THROUGH IT UNDER THIS AGREEMENT.
CARRIER DOES
NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE
OF LINKS PROVIDED ON OR TO THIS SITE. CARRIER IS NOT IN ANY WAY
RESPONSIBLE FOR ANY INFORMATION, PRODUCTS OR SERVICES ACCESSIBLE
THROUGH OTHER WEB SITES THAT LINK TO OR FROM THIS SITE. CARRIER SHALL
HAVE NO LIABILITY OF ANY NATURE WHATSOEVER IN RELATION TO ANY
INFORMATION OR SERVICES PROVIDED BY A SITE THAT YOU REACH THROUGH A
LINK EITHER TO OR FROM THIS SITE, AND YOU AGREE THAT CARRIER IS NOT AND
WILL NOT BECOME LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSS OR
DAMAGE CAUSED BY YOUR USE OF, OR RELIANCE ON, SUCH MATERIAL(S), NOR
FOR ANY FAILURE TO ENFORCE ANY OF CARRIER' RIGHTS UNDER THIS
AGREEMENT, AT LAW OR IN EQUITY, AGAINST ANY SITE USER OR THIRD
PARTY.
Limitation of Liability
YOU AGREE
THAT UNDER NO CIRCUMSTANCES SHALL CARRIER BE LIABLE FOR ANY DAMAGES
WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
PUNITIVE OR EXEMPLARY DAMAGES (COLLECTIVELY, THE "EXCLUDED
DAMAGES"), ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS
SITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED
PROFITS, LOST BUSINESS, LOST SAVINGS, GOODWILL OR DATA, THE
PROVISION OF PERSONALLY IDENTIFIABLE INFORMATION, ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE ATTACK,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE OR THIRD PARTY THEFT OF,
DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION, OR USE OF YOUR
INFORMATION, EQUIPMENT OR PROPERTY, EVEN IF CARRIER HAS BEEN ADVISED OF
THE POSSIBILITY OF OR COULD HAVE FORESEEN THE EXCLUDED DAMAGES. THE
FOREGOING SHALL APPLY REGARDLESS OF: (I) THE NEGLIGENCE OF CARRIER; OR
(II) THE GROSS NEGLIGENCE OF CARRIER; OR (III) ANY FAILURE OF AN
ESSENTIAL PURPOSE; OR (IV) WHETHER SUCH LIABILITY SOUNDS IN
NEGLIGENCE, STRICT LIABILITY, CONTRACT, TORT OR ANY OTHER THEORY OF
LEGAL LIABILITY. IN THOSE JURISDICTIONS THAT DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR THE EXCLUDED DAMAGES, CARRIER'S LIABILITY SHALL BE LIMITED TO THE FULLEST POSSIBLE EXTENT
PERMITTED BY LAW. IN NO EVENT SHALL CARRIER'S AGGREGATE LIABILITY TO
YOU EXCEED ONE HUNDRED DOLLARS ($100).
Termination
You
acknowledge and agree that CARRIER may suspend or terminate your access
or use of the Site without prior notice if you engage in conduct
that CARRIER, in its sole discretion, believes violates any term or
provision of this Agreement, otherwise violates the rights of CARRIER
or third parties, or is otherwise inappropriate for continued access
and use of the Site. You
further acknowledge and agree that CARRIER may suspend or terminate
your access and use of the Site at any time, with or without cause,
in CARRIER's absolute discretion and without notice.
The relevant version of this Agreement shall continue to
apply to all prior use of the Site.
The following paragraphs of this Agreement Use shall survive
termination of your use or access to the Site: paragraphs concerning
Indemnification, Disclaimer of Warranties, Limitations of Liability,
Termination and General Provisions and any other provision that by
its terms survives termination of your use or access to the Site.
General Provisions
Failure by CARRIER to enforce any provision(s) of this
Agreement shall not be construed as a waiver of any provision or
right. This Agreement
and all other aspects of your use of the Site shall be governed by
and construed in accordance with the laws of the State of New
Jersey, without regard to its conflict of laws rules.
All claims and disputes arising out of this Agreement, or
your use of the Site, other than action for specific performance or
injunctive relief brought by CARRIER, shall be exclusively brought in
the federal, state, or local courts located in New Jersey, and, with
regard to such claims and disputes, you hereby irrevocably (i)
submit to the exercise of personal jurisdiction over you by those
courts and (ii) waive any jurisdictional, venue, or inconvenient
forum objections to such courts. This Agreement constitutes the
entire agreement between you and CARRIER with respect to the Site and
your use thereof and supersedes all prior agreements or
understandings, whether written or oral, between you and CARRIER with
respect to the Site and your use thereof. If any provision of this
Agreement is found to be invalid or unenforceable, the remaining
provisions shall be enforced to the fullest extent possible, and the
remaining provisions of the Agreement shall remain in full force and
effect. Not all products and services on this Site are available in
all jurisdictions. If you are using this Site from outside of the
United States, you are responsible for ensuring that your use of the
Site is in compliance with the law of national jurisdiction. This
Agreement inures to the benefit of CARRIER, its successors and assigns.
You may not assign this Agreement or any of your rights and
liabilities hereunder. Any purported assignment by you in
contravention of the foregoing non-assignment provision shall be
null and void.
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