1. OWNERSHIP This Site, and each of its components, is the copyrighted property of H. S. Crocker
Company, Inc. ("Crocker") and/or its various third-party providers. Portions of the content found on this Site
may be owned by third-party providers and is the copyrighted work of the respective third-party providers.
None of the content or data found on this Site may be reproduced, republished, distributed, sold, transferred,
or modified without the express written permission of Crocker and/or its third-party providers. The following
are registered and unregistered proprietary trademarks and service marks (collectively, the "Marks") owned
by Crocker: CROCKERBRITE, CROCKERCOTE, CROCKERSHIELD, H.S. CROCKER, ROTOLEX, and
the H.S. Crocker Eagle Head Design. Other trademarks mentioned or appearing on this Site are the
property of their respective owners. Nothing contained on this Site should be construed as granting, by
implication, or otherwise, any license or right to use any of the Marks without the written permission of
Crocker or such other party that may own the Marks.
2. USE OF SITE You may only use this Site to browse the content, make inquiries to Crocker, and to post
materials on the Site's interactive portions according to its rules and not for any other purposes. This Site and
the content provided on this Site may not be copied, reproduced, republished, uploaded, posted, transmitted
or distributed without the written permission of Crocker, except that you may download, display and print one
copy of the materials presented on this Site on a single computer for your personal, non-commercial use only.
'Deep-linking,' 'embedding' or using analogous technology is strictly prohibited unless specifically authorized
in writing. Unauthorized use of this Site and/or the materials contained on this Site may violate applicable
copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and
trademark notices, and any other proprietary notices, contained in the materials. The use of such materials
on any other web site or in any environment of networked computers is prohibited. You are prohibited from
posting to or transmitting from this Site any unlawful, threatening, libelous, defamatory, obscene, indecent,
inflammatory, pornographic or profane material or any material that could constitute or encourage conduct
that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The links
from this Site to other websites are provided for your information and convenience only. Crocker does not
assume any responsibility or liability with respect to any website linked from this Site (or any website linking
to this Site), including its content and operation. Crocker does not review or monitor such links. A link from
this Site to another website (or a link from another website to this Site) does not constitute a referral,
endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any
products or services advertised or distributed through that website. While this Site may contain "links" to
many sites, Crocker is not responsible for the content or the privacy practices employed by other sites.
3. AGE AND RESPONSIBILITY
You represent that you are of sufficient legal age to use this Site and to
create binding legal obligations for any liability you may incur as a result of the use of this Site. You
understand that you are financially responsible for all uses of this Site by you and those using your login
information.
4. PRIVACY You have read the Crocker Privacy Policy, the terms of which are incorporated herein, and agree that the terms of such policy are reasonable. You consent to the use of any information submitted to Crocker by Crocker and/or its third-party providers and distributors in accordance with the terms of and for the purposes set forth in the Crocker Privacy Policy.
5. EXCLUSION OF WARRANTY CROCKER AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. CROCKER AND ANY THIRD-PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. Although Crocker strives to provide on this Site the latest developments relating to its products and services, and other information about the company, Crocker does not warrant the accuracy, effectiveness and suitability of any information contained on this Site. Each person assumes full responsibility and all risks arising from use of this Site. The information is presented "AS IS" and may include technical inaccuracies or typographical errors. Crocker reserves the right to make additions, deletions, or modifications to the information at any time without any prior notification.
6. LIMITATION OF LIABILITY CROCKER ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, SOFTWARE, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL CROCKER OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY
CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY, OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY CROCKER OR ANY THIRD-PARTY PROVIDERS OR DISTRIBUTORS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
7. INDEMNIFICATION You shall defend and indemnify Crocker and any third-party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by third parties as a result of your use of this Site, or your uploading or other submission of materials to the Site
8. SUBMISSIONS "Submissions" means all comments, feedback, suggestions, photos, e-mail, or materials that you submit to Crocker regarding the products or services of Crocker, or contributions of materials to any interactive portion of this Site, including any bulletin board, chat room or other similar forums posted on this Site. Submissions will not be confidential and will become the property of Crocker upon submission to Crocker. By providing any such Submissions, you agree to assign to Crocker, at no charge, all worldwide rights, title and interest in copyrights and other in tellectual property rights to the Submissions. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Crocker, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. As a matter of policy, Crocker does not prescreen or monitor any Submissions.
Except as expressly stated and agreed upon in advance by Crocker, no confidential relationship shall be established if any user of this Site should make any oral, written or electronic communication to Crocker (such as feedback, questions, comments, suggestions, ideas, etc.). If any portion of this Site, such as membership or product ordering, requires or requests that such information be provided, and such information contains personal identifying information (e.g., name, address, phone number), Crocker shall obtain, use and maintain it in a manner consistent with its Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and Crocker shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Crocker is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.
9. RELATIONSHIP Your use of This Site is independent of Crocker and not as an employee, agent, partner, or joint venturer with Crocker for any purpose.
10. GOVERNING LAW This Agreement and its performance shall be governed by the laws of the State of Illinois, United States of America, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the state and federal courts with jurisdiction over Cook County, the State of Illinois, United States of America, in all questions and controversies arising out of this Agreement or your use of this Site.
11. ASSIGNMENT You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
12. MODIFICATION Crocker may at any time modify these Terms and Conditions and your continued use of this Site will be conditioned upon the Terms and Conditions in force at the time of your use.
13. ADDITIONAL TERMS Additional terms and conditions may apply to purchases of goods and services and other uses of portions of this Site, and you agree to abide by such other terms and conditions wherever they are located.
14. SEVERABILITY These Terms and Conditions shall be deemed severable. If any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
15. HEADINGS The heading used in these Terms and Conditions are included by convenience only and will not limit or otherwise affect these Terms and Conditions.
16. ENTIRE AGREEMENT These Terms and Conditions, together with those provisions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
|