Terms And Conditions
United Air Specialists Web Site Agreement
The United Air Specialists, Inc. 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 "United Air Specialists"
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.
Exhibit A
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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