1. Acceptance of Terms.
By accessing and using the Site, you accept and agree to be legally bound by the terms and conditions contained in these Terms. If you do not agree to these Terms, you should not access or use the Site.
a. Changes to Terms.
CURTRAN reserves the right to modify, amend, update, or delete these Terms at any time and for any reason without notice to you. Any such modifications, amendments, updates or deletions will be effective immediately upon posting. Your continued use of the Site after such posting shall be deemed to constitute acceptance by you of the changes. Also, CURTRAN may change or discontinue any aspect, service or feature of the Site (e.g., content, availability, etc.) at any time.
b. Language of the Terms.
Where CURTRAN has provided you with a foreign translation of the English language version of the Terms, you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your usage of the Site. If there is any contradiction between what the English language version of the Terms say and what a translation states, then the English language version shall take precedence.
2. Scope of Use.
The use, reproduction, transmission or distribution of any information, software or other material made available through the Site for anything other than your company’s internal commercial use to conduct business with CurTran or your personal information without the prior written consent of CurTran is strictly prohibited.
You agree to use the Site only for purposes that are lawful and permitted by the Terms. You specifically agree not to access (or attempt to access), or systematically retrieve data from, any part of the Site through any automated means (including use of scripts, bots or web crawlers). Gathering data from the Site through harvesting or automated means is strictly prohibited. You agree that you will not engage in any activity that interferes with or disrupts the Site or interferes with any other party’s use and enjoyment of the Site.
a. User Content.
The Site may contain message boards and other areas where you may post or upload messages or other user-generated content such as video, photos, blogs, comments, or other materials (collectively, “User Content”). You are solely responsible for all User Content you upload or post to the Site. CURTRAN does not control the User Content and, as such, does not guarantee the accuracy, integrity or quality of such User Content. In no event shall CURTRAN assume or have any responsibility or liability for any User Content or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information it contains and that such User Content shall not infringe, violate or misappropriate any intellectual property or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information. You acknowledge that CURTRAN may or may not pre-screen User Content, but that CURTRAN and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available on the Site. Without limiting the foregoing, CURTRAN and its designees shall have the right to remove any User Content that violates these Terms or is otherwise objectionable.
CURTRAN does not claim ownership of any User Content you post, submit or upload to the Site. By submitting, posting or uploading User Content to the Site, you automatically and hereby grant to CURTRAN, its affiliates and subsidiaries a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, publish, perform, display, exhibit, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense and otherwise exploit such User Content (in whole or in part) in any form, media or technology now known or hereafter developed. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
If you post or upload any User Content to the Site, you further agree to the following rules of conduct:
You agree not to post or upload any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to post or upload any User Content that is unlawful, harmful, threatening, abusive, harassing,
tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically
or otherwise objectionable;
• You agree not to post or upload any User Content that violates any law or engage in activity that would
constitute a criminal offense or give rise to a civil liability;
• You agree not to post or upload any User Content that advocates or provides instruction on illegal activity or
discuss illegal activities with the intent to commit them;
• You agree not to post or upload User Content which contains advertising, marketing or any solicitation for
products or services, or any unsolicited or unauthorized advertising, promotional materials, “junk
mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to impersonate any person or entity, including, but not limited to, any CURTRAN employee, or
falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to collect or store personal data about other users or otherwise violate another user’s privacy;
• You agree not to post or upload any User Content that contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or
• You agree not to upload or post any User Content that violates, infringes or misappropriates any third party’s
copyright, trademark, trade secret, right of publicity or other intellectual property or proprietary right. You
shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets,
rights of publicity or other proprietary rights or any other harm resulting from such a submission.
b. Suggestions submitted to CURTRAN through the Site.
By submitting ideas, suggestions, documents, and/or proposals (“Suggestions”) to CURTRAN through its suggestion or feedback pages, you acknowledge and agree that: (a) your Suggestions do not contain confidential or proprietary information; (b) CURTRAN is not under any obligation of confidentiality, express or implied, with respect to the Suggestions (c) CURTRAN may use or disclose (or choose not to use or disclose) your Suggestions for any purpose, in any way, in any media worldwide; (d) CURTRAN may have something similar to the Suggestions already under consideration or in development; (e) your Suggestions automatically become the property of CURTRAN without any obligation of CURTRAN to you and you hereby assign to CURTRAN all right, title and interest (including all intellectual property rights) in such Suggestions; and (f) you are not entitled to any compensation or reimbursement of any kind from CURTRAN under any circumstances.
3. Intellectual Property.
You acknowledge that the Site contains text, software, logos, slogans, photos, video, graphics, music and sound, and other content (collectively “Content”) that is protected by copyright, trademark, trade dress, patent, trade secret and/or other intellectual or proprietary rights. The Content and all rights therein is the exclusive property of CURTRAN or its licensors. Without limiting the generality of the foregoing, CURTRAN owns copyright in the selection, coordination, arrangement and enhancement of such Content, as well as in some or all of the content original to it. You may not screen scrape, copy, modify, decompile, reverse engineer, publish, distribute, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content in whole or in part without the express written permission of CURTRAN and its licensors or as otherwise expressly permitted by applicable law. You acknowledge that you do not acquire any ownership rights in the Content by use of the Site. If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact CURTRAN at legal.CurTran.com.
You agree that all of CURTRAN’s and its subsidiaries’ and affiliates’ trademarks, trade names, service marks and other CURTRAN logos and brand features (collectively, “CURTRAN Marks”) are the exclusive property of CURTRAN or its subsidiaries or affiliates. Without CURTRAN’s prior written permission, you agree not to display or use the CURTRAN Marks in any manner.
4. Advertisements and Promotions.
CURTRAN may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. CURTRAN is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
In order to establish a hyperlink to the Site, you must contact CURTRAN at inquiry@CurTran.com to obtain CURTRAN’s approval of the link. You may only use the text and images provided or approved by CURTRAN, in the manner and location specified by CURTRAN, and you must abide by the terms and conditions provided by CURTRAN at that time.
6. Disclaimer of Warranty; Limitation of Liability.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AVAILABLE” BASIS. CURTRAN, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE TRUSTEES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS AND LICENSORS EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE; (ii) NON-INFRINGEMENT; (iii) THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; AND (iv) WITH RESPECT TO THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOUTHROUGH THE SITE.
NEITHER CURTRAN, ITS SUBSIDIARIES AND AFFILIATES, EACH OF THEIR RESPECTIVE DIRECTORS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, PARTNERS, CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CURTRAN, ITS SUBSIDIARIES AND AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, CONTENT PROVIDERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CURTRAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF MAY NOT APPLY TO YOU.
You agree to indemnify and hold CURTRAN, its subsidiaries and affiliates, and each of their respective trustees, officers, employees, agents, contractors, partners, content providers and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) Content you submit, post, transmit, modify or otherwise make available through the Site; (B) your use of the Site; (C) your violation of these Terms; or (D) your violation of any rights of another.
CURTRAN may terminate, limit or suspend your access to the Site at any time without notice to you. Grounds for such termination, limitation of access or suspension include without limitation: (A) breaches or violations of these Terms (including any Additional Terms); (B) requests by law enforcement or other government agencies; (C) discontinuance or material modification to the Site (or any part thereof); (D) unexpected technical or security issues or problems; and/or (E) engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in CURTRAN’s sole discretion and that CURTRAN shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Site.
9. Privacy and Personal Information.
10. International Users
The Site is administered by CURTRAN from its offices in Glenview, Illinois, United States. Any materials published on the Site may refer to products, programs, or services that are not available in your country. Consult your local CURTRAN business contact in this regard or via email to inquiry@CurTran.com.
Furthermore, CURTRAN makes no representation that the Site is appropriate or available for use at other locations outside of the United States. Access to the Site from territories where the Site’s content is illegal is prohibited. You may not use the Site or export information and materials in violation of the export laws of the United States or any other country. If you access the Site from a location outside of the United States, you are responsible for compliance with all applicable laws.
a. Governing Law and Jurisdiction.
You and CURTRAN each agree that these Terms and the relationship between the parties shall be governed by the laws of the state of Texas, USA without regard to any conflict of law provisions or rules and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and CURTRAN, shall be brought exclusively in the courts located in Harris County. You and CURTRAN each agree to submit to the exclusive personal jurisdiction of the courts located within Harris County, Texas, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
b. Entire Agreement.
These Terms constitute the entire agreement between you and CURTRAN and governs your use of the Site, superseding any prior version of these Terms between you and CURTRAN with respect to the Site. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
c. Separate Agreements.
You may have other agreements with CURTRAN or its affiliates or subsidiaries. Those agreements are separate and in addition to these Terms. These Terms do not modify, revise or amend the terms of any other agreements you may have with CURTRAN.
d. No Professional Advice.
The information available on the Site is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. Use of the information on this Site is at your own risk.
e. Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
f. Waiver and Severability of Terms.
The failure of CURTRAN to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
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