WebSite Terms and Conditions of Use
Thank you for visiting the CDF Corporation (“CDF”) Web site (the “Site”). This page sets out the terms and conditions (“Terms and Conditions”) which will govern your use of the Site. Compliance with these Terms and Conditions is a condition to your use of the Site. If you do not agree to be bound by these Terms and Conditions, promptly exit this Site.
Ownership Of The Site
All content included on this Site (including, without limitation, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software) (the “Site Content”) is the property of CDF or its content suppliers and is protected to the maximum extent allowable by United States and international laws concerning copyrights, trademarks and other proprietary rights. The compilation of all content on this Site is the exclusive property of CDF and is protected by U.S. and international copyright laws. All software used on this Site is the property of CDF or its software suppliers and is protected by United States and international copyright laws.
The Site Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, without the prior written consent of CDF, except that you may download Site Content to any single computer for your personal use only, provided you keep intact all copyright, trademark and other proprietary notices and comply with any applicable end user license agreements. No part of any Site Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use in accordance with these Terms and Conditions (but in no event for resale or redistribution).
You may not frame or utilize framing techniques to enclose any name, trademarks, service marks, Site Content or other proprietary information of CDF without first obtaining the express written consent of CDF.
You acknowledge and agree that CDF shall have a royalty-free, perpetual, paid-in-full, irrevocable, non-exclusive and transferable right and license to use any and all data, records and other information transmitted to, by or through the Site, or otherwise provided to CDF in connection with the use of the Site (the “Data”), for CDF’s business purposes and for all media now known or later developed. Included within the rights set forth above, CDF shall have the specific right to develop, populate and modify a database embodying all the Data compiled by CDF on the Site (the “Site Database”). You acknowledge that the Site Database is continually refined and updated and that the Site Database may expand as a result of the Data obtained during your use of the Site. As a condition of using this Site, you further agree that (i) CDF may gather such Data by physical or electronic means; and (ii) CDF will retain ownership of, and all right, title and interest in and to, the Site Database, as amended from time to time.
DRUMSAVER, PAILSAVER, LINERPRO, EZ-STRAINER, CHEMLINER, ULTRALINER and the CDF logo, and other marks indicated on this Site, are trademarks and service marks of CDF, in the United States and other countries. CDF trademarks, service marks and trade dress may not be used without the prior written permission of CDF. All other trademarks not owned by CDF that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by CDF.
Accuracy and Integrity of Information
Although CDF attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CDF. Information contained on the Site may be changed or updated without notice.
With respect to any interactive areas on the Site, if any, you may post comments and other content, and submit suggestions, ideas, comments, questions or other information, only so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable, and only so long as such content does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
CDF reserves the right, but is not obligated to, monitor or review any areas of the Site where visitors transmit or post messages or communicate solely with each other, including, but not limited to, chat rooms, bulletin boards and other user forums, and the content of any such communications. CDF, however, will have no liability relating to or arising from the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. CDF retains the right to remove, in its sole and absolute discretion, communications that include any material deemed by CDF in its sole discretion to be abusive, defamatory, obscene or otherwise inappropriate.
Disclaimer of Warranties
CDF DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NONINFRINGEMENT. CDF SPECIFICALLY DISCLAIMS ALL LIABILITY FOR ERRORS OR OMISSIONS IN, OR THE MISUSE OR MISINTERPRETATION OF, ANY INFORMATION OBTAINED THROUGH THE SITE. CDF DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED WEB SITES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
CDF DOES NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY. YOU AGREE THAT CDF SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM ANY SUCH CODE. YOU ASSUME TOTAL RESPONSIBILITY AND ALL RISK FOR YOUR USE OF THE SITE AND OF THE INTERNET.
Limitation of Liability Regarding Use of the Site
CDF AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, SITE CONTENT OR OTHER INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR HYPERLINKED WEB SITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend and hold harmless CDF and its affiliates and information providers and its and their officers, directors, employees and agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions.
Links or Pointers to Other Sites
CDF makes no representations whatsoever about any other Web site that you may access through this Site. When you access a non-CDF site, please be aware that such non-CDF Web site is independent from CDF and that CDF has no control over the content on that Web site. In addition, a hyperlink to a non-CDF Web site does not mean that CDF endorses or accepts any responsibility for the content or the use of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such defects as viruses, worms, Trojan horses and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.
Procedure for Making Claims of Copyright Infringement
In accordance with Section 202 the Digital Millennium Copyright Act, 17 U.S.C. § 512, CDF has designated an agent for notification of claimed infringement by providing contact information for such designated agent to the United States Copyright Office. Any notifications of claimed copyright infringement must be sent to CDF as specified below:
77 Industrial Park Rd.
Plymouth, MA 02360
If you are notifying CDF of alleged copyright infringement, please be sure to provide the following information:
(i) A description of the copyrighted work that you allege is being infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (ii) A description of the allegedly infringing material and information sufficient to permit CDF to locate the material; (iii) Information reasonably sufficient to permit CDF to contact you, such as an address, telephone number and/or an electronic mail address; (iv) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, or its agent, or the law; and (v) A statement by you that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed.
No Unlawful or Prohibited Purpose
As a condition of your use of this Site, you warrant to CDF that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions
CDF reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Conditions shall otherwise remain in full force and effect. This Site and these Terms and Conditions shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles. By using this Site, you agree to submit to the exclusive jurisdiction of, and agree that all disputes directly or indirectly related to this Site and these Terms and Conditions shall be litigated solely in, any state or federal court sitting in the County of Plymouth in the Commonwealth of Massachusetts, U.S.A., and you waive any objection to any such court that is based on lack of personal jurisdiction, improper venue or forum non conveniens. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the these Terms and Conditions will be effective only if in writing and signed by CDF. In its sole discretion, CDF may from time-to-time revise these Terms and Conditions by updating this posting. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright 2015 CDF Corporation. All rights reserved.