| TERMS AND CONDITIONS OF USING THIS SITE |
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This page states the Terms and Conditions under which you may use this Web Site
(hereinafter referred to as the "Web Site" or "Site".) Please read the following
carefully. If you do not accept the terms and conditions stated here, do not use
this Web Site and service. By using this Web Site, you are indicating your acceptance
to be bound by the terms of these Terms and Conditions. Cary Francis Group (hereinafter
referred to as "CFG") may modify, revise or update these Terms and Conditions at
any time by updating this posting. You should visit this page periodically to review
the Terms and Conditions, because they are binding on you. The terms "You" and "User"
as used herein refer to all individuals and/or entities accessing this Web Site
for any reason.
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| USE OF MATERIAL |
The contents of this Web Site, such as text, graphics, images, logos, button icons,
software and other material (collectively, the "Material"), are protected under
both U.S., Canadian and foreign copyright, trademark and other laws. All Material
is the property of CFG, its licensors, or its content supplier or clients. The compilation
(meaning the collection, arrangement and assembly) of all content on this Web Site
is the exclusive property of CFG and protected by U.S., Canadian and international
copyright laws. Unauthorized use of the Material may violate copyright, trademark
and other laws. You must retain all copyright, trademark, service-mark and other
proprietary notices contained in the original Material on any copy you make of the
Material. You may not sell or modify the Material or reproduce, display, publicly
perform, distribute or otherwise use the Material in any way for any public or commercial
purpose. The use of the Material on any other web site or in a networked computer
environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that CFG creates to generate its pages.
It is also protected by CFG's copyright.
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| SITE USE |
General Rules. Individuals may use the Web Site only for lawful
purposes such as ordering products from the Web Site. Users may not use the Web
Site in order to transmit, distribute, store or destroy material (a) in violation
of any applicable law or regulation, (b) in a manner that will infringe the copyright,
trademark, trade secret or other intellectual property rights of others or violate
the privacy, publicity or other personal rights of others, or (c) that is defamatory,
obscene, threatening, abusive or hateful.
Users are prohibited from violating or
attempting to violate the security of the Web Site, including, without limitation:
(a) accessing data not intended for such user or logging into a server or account
which the user is not authorized to access; (b) attempting to probe, scan or test
the vulnerability of a system or network or to breach security or authentication
measures without proper authorization; (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means of submitting
a virus to the Web Site, overloading, "flooding", "spamming", "mailbooming" or "crashing";
(d) sending unsolicited e-mail, including promotions and/or advertising of products
or services; or (e) forging TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of any system or network security
may result in civil or criminal liability. CFG will investigate occurrences which
may involve such violations and may involve and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
CFG specifically
prohibits, and all users agree not to use the Web Site, for any other use, including
the following:
- Providing any incomplete, false or inaccurate biographical information, which is not your own when registering.
- Using any device, software or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Site.
- Taking any action which imposes an unreasonable or disproportionately large load on this Web Site's infrastructure.
- If you have a password allowing access to a non-public area of this Web Site, disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
- Notwithstanding anything to the contrary herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from CFG, if any, on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Web Site.
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| USER FEEDBACK AND COMMENTS |
All feedback, comments, suggestions, ideas and other submissions, (collectively
referred to as "Submissions") received by CFG by electronic mail or otherwise will
be treated as nonconfidential and non-proprietary. CFG is free to use any Submissions
for any purpose, including but not limited to developing and marketing products
using such information. Your transmission of any Submissions to CFG shall constitute
an assignment from you to CFG of all worldwide rights, titles and interests in all
copyrights and other intellectual properties in the Submissions. CFG has no obligation
to pay any compensation for any Submissions or to respond to any Submissions.
You agree that no Submissions submitted by you to CFG will violate any right of
any third party, including copyright, trademark, privacy or other personal or proprietary
rights, or will be or contain libelous or otherwise unlawful, abusive or obscene
material. You are and shall remain solely responsible for the content of any Submissions
you make.
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| LIMITATION OF LIABILITY AND WARRANTIES |
CFG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT
LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS. CFG SHALL NOT
BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION
CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS
OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE
TO USE THE WEB SITE AND THE CONTENT AT YOUR OWN RISK.
THE SITE AND CONTENT ARE PROVIDED BY CFG ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CFG
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE,
MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR
PURPOSE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY, IF ANY, OFFERED
BY THE MANUFACTURER OF ANY PRODUCTS INCLUDED IN THE SITE.
CFG DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS
SERVER OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE
FEATURES. CFG SHALL NOT BE RESPONSIBLE FOR ANY COSTS RELATING TO THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA ARISING FROM YOUR USE OF THE SITE.
IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
YOUR USE OF THE SITE.
CFG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL
DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION
RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, EVEN IF CFG
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
CFG'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
CFG USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP TO DATE INFORMATION IN THE
SITE. CFG MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY. CFG ASSUMES
NO LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE.
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| INDEMNIFICATION |
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You agree to defend, indemnify and hold CFG, its officers, directors, employees
and agents harmless from and against any and all claims, actions, damages, costs
and expenses, including attorney's fees, arising or relating from your breach of
this Agreement or your access to, use or misuse of the Site or the Site Materials.
CFG reserves the right to assume the exclusive defense and control of any matter
which is subject to indemnification under this provision. Furthermore, you agree
to cooperate fully in the defense of any such matter.
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| NO RESALE OR UNAUTHORIZED COMMERCIAL USE |
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You agree not to resell or assign your rights or obligations under these Terms and
Conditions. You also agree not to make any unauthorized commercial use of the Web
Site.
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| TERMINATION |
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CFG reserves the right, at its sole discretion, to pursue all of its legal remedies
upon any breach by you of these Terms and Conditions or if CFG is unable to verify
or authenticate any information you submit to the Web Site registration.
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| SEVERABILITY |
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If any provision of these Terms and Conditions are 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 these Terms and Conditions, which shall
remain in full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term.
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| LINKS TO OR FROM OTHER SITES |
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The Site may contain links to or from other sites on the Internet that are owned
and operated by third parties, the availability and content of which we have not
reviewed or created and which we do not control. CFG is not responsible for the
content of any linked third party sites and does not make any representation regarding
the content or accuracy of material on such third party sites. Your use of these
sites is at your own risk.
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| USE BY CHILDREN |
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Children are not eligible to use our services and we ask that minors (under the
age of 18) do not submit any personal information to us. If you are a minor, you
can use this service only in conjunction with your parents or guardians. To the
extent that CFG learns that it has received information from children, it will be
deleted.
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| REGISTRATION DATA TRANSMISSION |
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CFG will use all reasonable efforts to safeguard the confidentiality of registration
data transmissions, however, transmission made by means of the Internet cannot be
made absolutely secure. CFG will have no liability for disclosure of registration
data due to error in transmission or unauthorized acts of third parties.
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| CREDIT CARD USE |
If you prefer not to send your credit card number through the Internet, you may
place your order by calling our customer service department 800-776-6221. Please
have your order information ready from your online shopping basket.
In the event of unauthorized use of your credit card, applicable law and regulations
may limit your liability, and many banks delete the charges that result from the
unauthorized use. CFG, INC. DISCLAIMS ALL RESPONSIBILITY FOR UNAUTHORIZED
CREDIT CARD USE.
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| PRICING |
| Pricing is in US Dollars. Prices are subject to change without notice. Prices are subject to applicable taxes. |
| COLORS |
| We have made every effort to display as accurately as possible the colors of our products that appear on the Site. The actual colors you will see, however, will depend upon your monitor. We therefore cannot guarantee that your monitor's display of any color will be accurate. |
| PROMOTIONAL OFFERS |
| All promotional offers are for a limited time only and may be discontinued by CFG at any time. Promotional offers for specific products are good only while supplies last. Discounts do not apply to shipping costs, handling fees or sales taxes. Minimum purchase amounts exclude shipping costs, handling fees and sales taxes. Promotional offers cannot be redeemed for cash, and are void where prohibited by law. |
| APPLICABLE LAWS |
The Site is based in Franklin. CFG makes no claims concerning whether the Content
may be downloaded, viewed, or be appropriate for use outside of the United States.
If you access the Web Site or the Content from outside of the United States, you
do so at your own risk. Whether inside or outside of the United States, you are
solely responsible for ensuring compliance with the laws of your specific jurisdiction.
The United States controls the export of products and information. You expressly
agree to comply with such restrictions and not to export or re-export any of the
Content to countries or persons prohibited under the export control laws. By downloading
the Content, you are expressly agreeing that you are not in a country where such
is prohibited or are a person or entity for which such export is prohibited. You
are solely responsible for compliance with the laws of your specific jurisdiction
regarding the import, export, or re-export of the Content.
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| MISCELLANEOUS |
| This Agreement shall be construed in accordance with the laws of the State of Wisconsin, without regard to any conflict of law provisions. You consent to exclusive jurisdiction and venue of courts in the State of Wisconsin, U.S.A. in all disputes arising out of or in any way relating to the use of the Site. |
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