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| TERMS OF USE Thank you for visiting the Website (the "Site") for Century Fasteners & Machine Co., Inc. (the “Company” or “we”). This Site is managed and controlled by the Company. These Terms of Use establish the terms and conditions to which you are subject when accessing this Site or using any of the data available on this Site. By using this Site, you agree to be bound by all of the terms and conditions set forth below and in the Privacy Policy on this Site. If you do not accept such terms and conditions, please do not use this Site. The Company may, in its sole discretion, revise these Terms of Use at any time. You should visit this page periodically to review the Terms of Use for any revisions. Each time you access or use this Site you understand and agree that you are re-affirming your consent to the then existing version of these Terms of Use. 1) In General We agree to provide you access to our Site in accordance with the Terms of Use. You agree to use our Site in a manner consistent with any and all applicable rules and regulations. All information and material displayed by us on our Site are for information only and are no substitute for specific advice. 2) Information Collected We may for marketing purposes collect, process and transmit data obtained from and about you in the course of your accessing our site in accordance with our Privacy Policy posted on our Site. By agreeing to these Terms of Use you agree to such data being so used and further agree that it may be transmitted to others whether or not within the United States in accordance with our Privacy Policy. 3) Use of Information You are authorized to download one copy of the material on our Site on one computer for your personal, non-commercial use only, but you may not in so doing remove or amend any trademark, copyright or other proprietary notice. Subject to the above, you may not modify, copy, distribute, republish or upload any of the material on our Site without our prior consent in writing. No intellectual property or other rights shall be transferred to you. 4) Links to Other Sites Where we provide hypertext links to third party websites we do so for information purposes only, and such links are not endorsements by us of any products or services offered on such sites and we accept no liability nor make any endorsement or approval of the same. We are not responsible for the content or practices of linked third-party websites and do not make any representations or warranties about the content or accuracy of materials on such third-party websites or the practices of such sites. 5) Intellectual Property Protection Materials contained on or obtained through this Site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the "Materials"), are owned or licensed by the Company. The Company and its third-party licensors retain all proprietary rights in and to the Materials, including all intellectual property rights associated therewith (e.g., copyrights, patents, trademarks, trade secrets and know-how) and all broadcasting rights or other distribution rights associated therewith. In addition, the entire content of this Site is copyrighted as a collective work by the Company. Unless otherwise expressly indicated on this Site, except for downloading, storing, viewing and printing limited portions of the Materials for your own personal, noncommercial use, you may not download, store, print, modify, copy, reproduce, translate, perform, display, publish, create derivative works of, distribute or otherwise use the Materials in any way, without the prior written permission of the Company. You may not frame or utilize framing techniques to enclose all or any portion of this Site. You may not use any metatags or any other similar hidden text utilizing the Company's name or trademarks. Prohibited Activity You may not do any of the following while using this Site:
If you violate any provision of this Section, your permission to use the Materials and this Site automatically terminates. 7) Use of Site You understand and expressly agree that use of this Site and the Materials is at your sole risk and that this Site and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of this Site or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. 8) DISCLAIMER OF WARRANTIES THIS SITE AND THE MATERIALS DISPLAYED ON THIS SITE ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS EXCLUDE LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR ANY WEBSITE WITH WHICH IT IS LINKED. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. 9) Indemnification You will defend, indemnify and hold harmless the Company and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, actions, demands, costs or expenses (including, but not limited to, attorneys’ fees) arising from or relating to your use of this Site or the Materials, or your breach or violation of these Terms of Use. The Company reserves the right to defend any such claim, and you agree to provide the Company with such reasonable cooperation as it may request. 10) Governing Law; Dispute Resolution These Terms of Use will be governed by the Iaws of the State of Illinois, without regard to its conflicts of laws principles. You agree that any and all disputes, claims and causes of action arising from or relating to this Site or these Terms of Use may be brought only in a court of competent jurisdiction in Chicago, Illinois, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to this Site or these Terms of Use shall be resolved individually, without resort to any form of class action. Should any part of these Terms of Use be declared invalid or unenforceable by a court of competent jurisdiction, this shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of these Terms of Use had been eliminated. 11) Legal Compliance This Site is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access this Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Waiver Any waiver of any provision of these Terms of Use will be effective only if it is in writing and signed by an authorized officer of the Company. Last modified: April 2, 2010
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