
Terms
of Use Agreement
Welcome to
our Web site. By using our site, you are agreeing to comply with and be
bound by the following terms of use. Please review the following terms
carefully. If you do not agree to these terms, you should not use this
site. The term “GRI” or “us” or “we” or “our” refers to Gasket
Resources Inc., the owner of the Web site. The term “you” refers to the
user or viewer of our Web Site.
1.
Acceptance of Agreement.
You agree
to the terms and conditions outlined in this Terms of Use Agreement
("Agreement") with respect to our site (the "Site"). This Agreement
constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by
us from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this
Agreement prior to using the Site.
2.
Copyright.
The
content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other
proprietary (including but not limited to intellectual property) rights.
The copying, redistribution, use or publication by you of any such
matters or any part of the Site, except as allowed by Section 4 below,
is strictly prohibited. You do not acquire ownership rights to any
content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a
waiver of any right in such information and materials. Some of the
content on the Site is the copyrighted work of third parties.
3.
Service Marks.
RCA, Identa-Seal® and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
4.
Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable,
revocable license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal, personal,
non-commercial purposes; and (c) to print out discrete information from
the Site solely for internal, personal, non-commercial purposes and
provided that you maintain all copyright and other policies contained
therein. No print out or electronic version of any part of the Site or
its contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5.
Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any
information, materials or documents (collectively defined as “Content
and Materials”) therein are subject to the following restrictions and
prohibitions on use: You may not (a) copy, print (except for the
express limited purpose permitted by Section 4 above), republish,
display, distribute, transmit, sell, rent, lease, loan or otherwise make
available in any form or by any means all or any portion of the Site or
any Content and Materials retrieved there from; (b) use the Site or any
materials obtained from the Site to develop, of as a component of, any
information, storage and retrieval system, database, information base,
or similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site; (d) use any
Content and Materials from the Site in any manner that may infringe any
copyright, intellectual property right, proprietary right, or property
right of us or any third parties; (e) remove, change or obscure any
copyright notice or other proprietary notice or terms of use contained
in the Site; (f) make any portion of the Site available through any
timesharing system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any network
monitoring or discovery software to determine the Site architecture; (h)
use any automatic or manual process to harvest information from the
Site; (i) use the Site for the purpose of gathering information for or
transmitting (1) unsolicited commercial email; (2) email that makes use
of headers, invalid or nonexistent domain names, or other means of
deceptive addressing; and (3) unsolicited telephone calls or facsimile
transmissions; (j) use the Site in a manner that violates any state or
federal law regulating email, facsimile transmissions or telephone
solicitations; and (k) export or re-export the Site or any portion
thereof, or any software available on or through the Site, in violation
of the export control laws or regulations of the United States.
6.
Linking to the Site.
You may provide links to the Site, provided (a) that you
do not remove or obscure, by framing or otherwise, advertisements, the
copyright notice, or other notices on the Site, (b) your site does not
engage in illegal or pornographic activities, and (c) you discontinue
providing links to the Site immediately upon request by us.
7.
Errors, Corrections and Changes.
We do not represent or warrant that the Site will be
error-free, free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely or
otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site.
8.
Unlawful Activity.
We reserve the right to investigate complaints or
reported violations of this Agreement and to take any action we deem
appropriate, including but not limited to reporting any suspected
unlawful activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate to
such persons or entities relating to your profile, email addresses,
usage history, posted materials, IP addresses and traffic information.
9.
Indemnification.
You agree
to indemnify, defend and hold us and our partners, agents, officers,
directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product
and service providers, and affiliates (collectively, "Affiliated
Parties") harmless from any liability, loss, claim and expense,
including reasonable attorney's fees, related to your violation of this
Agreement or use of the Site.
10.
Nontransferable.
Your right
to use the Site is not transferable or assignable. Any password or right
given to you to obtain information or documents is not transferable or
assignable.
11.
Disclaimer.
THE
INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE,
EXCEPT AS PROVIDED IN SECTION 12(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET
FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND
INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS
DISCLAIMED.
12.
Limitation of Liability
(a) We and any Affiliated Party shall
not be liable for any loss, injury, claim, liability, or damage of any
kind resulting in any way from (a) any errors in or omissions from the
Site or any services or products obtainable therefrom, (b) the
unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any
delay or failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN
CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR
THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR
HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL
OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
13.
Use of Information.
We reserve
the right, and you authorize us, to the use and assignment of all
information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy. All remarks,
suggestions, ideas, graphics, or other information communicated by you
to us (collectively, a "Submission") will forever be our property. We
will not be required to treat any Submission as confidential, and will
not be liable for any ideas (including without limitation, product,
service or advertising ideas) and will not incur any liability as a
result of any similarities that may appear in our future products,
services or operations. Without limitation, we will have exclusive
ownership of all present and future existing rights to the Submission of
every kind and nature everywhere. We will be entitled to use the
Submission for any commercial or other purpose whatsoever, without
compensation to you or any other person sending the Submission. You
acknowledge that you are responsible for whatever material you submit,
and you, not us, have full responsibility for the message, including its
legality, reliability, appropriateness, originality, and copyright.
14.
Third-Party Services.
We may
allow access to or advertise certain third-party product or service
providers ("Merchants") from which you may purchase certain goods or
services. You understand that we do not operate or control the products
or services offered by Merchants. Merchants are responsible for all
aspects of order processing, fulfillment, billing and customer service.
We are not a party to the transactions entered into between you and
Merchants. You agree that use of or purchase from such Merchants is AT
YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED,
IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
15.
Third-Party Merchant Policies.
All rules,
policies (including privacy policies) and operating procedures of
Merchants will apply to you while on any Merchant sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
16.
Privacy Policy.
We collect
information such as your full name, e-mail address, and/or contact
information whenever you submit a question or suggestion. This
information is used only to track your question and contact you with a
response if necessary. We realize that using the internet today
involves trust on your part. We take this trust very seriously and make
it a priority to protect the confidentiality of the personal
identification information you provide to us. We may collect certain
technical information from your computer each time you request a page
during a visit to the Web site. This information is collected from your
computer’s Web browser and may include your IP address, operating
system, Web browser software (e.g. Netscape Navigator or Internet
Explorer) screen resolution, and referrer Web site. Wireless users:
Please check with your wireless company if you are using your cellular
phone to access the Internet to understand whether personal
identification information may be used to identify you. We do not sell
or rent your personal information to anyone.
17.
Links to other Web Sites.
The Site
contains links to other Web sites. We are not responsible for the
content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does
not imply approval or endorsement of the linked Web site by us. If you
decide to leave our Site and access these third-party sites, you do so
at your own risk.
18.
Legal Compliance.
You agree to comply with all applicable domestic and
international laws, statutes, ordinances and regulations regarding your
use of the Site and the Content and Materials provided therein.
19.
Miscellaneous.
This
Agreement shall be treated as though it were executed and performed in
Exton, Pennsylvania, USA, and shall be governed by and construed in
accordance with the laws of the Commonwealth of Pennsylvania, USA
(without regard to conflict of law principles). Any cause of action by
you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section 11
and Section 12. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against any party. This
Agreement and all incorporated agreements and your information may be
automatically assigned by us in our sole discretion to a third party in
the event of an acquisition, sale or merger. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law and the remaining portions
shall remain in full force and effect. To the extent that anything in or
associated with the Site is in conflict or inconsistent with this
Agreement, this Agreement shall take precedence. Our failure to enforce
any provision of this Agreement shall not be deemed a waiver of such
provision nor of the right to enforce such provision. Our rights under
this Agreement shall survive any termination of this Agreement.
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