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FRIGIDFLUIDCO.COM WEBSITE TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. Your use of this site is expressly conditioned on your acceptance of the following terms and conditions and the FRIGID FLUID PRIVACY POLICY. By accessing this site, or downloading or viewing any materials, you are signifying that you have read and agreed to all applicable guidelines, policies, regulations and rules set forth herein or otherwise provided by FRIGID FLUID and you signify your assent to these Terms and Conditions. If you do not agree with any part of the following Terms and Conditions, you must not access any materials or otherwise use this site.
Limited permission to view using a browser and to cache granted subject to the Terms and Conditions herein.
All content, images, Web site design elements, text, graphics, logos, buttons, icons, other material, the presentation, selection and arrangement thereof, and all software Copyright (except where otherwise noted) © 2003 Frigid Fluid Company, 11631 W. Grand Ave., Northlake, IL 60164.
ALL RIGHTS RESERVED.
This agreement, between you ("you" or the "User") and Frigid Fluid Company ("FRIGID FLUID"), addresses the use of distributed material at www.frigidfluidco.com or material otherwise made available by FRIGID FLUID (collectively referred to as "Content"), regardless of the medium.
Responsibilities of Users:
- User shall access the FRIGID FLUID Content responsibly, respecting the rights of FRIGID FLUID and the needs of other Users.
- User will be responsible for any use of his or her account and must maintain the secrecy of his or her password(s).
- User must report any misuse of FRIGID FLUID Content or violations of these Terms and Conditions to frigid@frigidfluidco.com or webmaster@frigidfluidco.com.
- User must comply with all reasonable requests and instructions regarding the Content made available by FRIGID FLUID.
- OWNERSHIP. This site and all Content available via this site are the copyrighted property of FRIGID FLUID, and/or its various third party providers and distributors. Third party providers or distributors may own portions of the material found on this site and such material is the copyrighted work of the respective third party provider or distributor. None of the Content or data found on this site may be reproduced, republished, distributed, sold, transferred, stored, archived or modified without the express written permission of FRIGID FLUID and/or its third party providers or distributors, except as provided in these Terms and Conditions. In addition, the trademarks, logos and service marks displayed on this site (collectively, the "Trademarks") are registered and/or common law trademarks of FRIGID FLUID, their affiliates, and various third parties. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of FRIGID FLUID or such other party that may own the Trademarks. Inclusion of third party brand names or products on frigidfluidco.com is not an endorsement by FRIGID FLUID.
- USE OF SITE. You may only use this site to access the Content, purchase FRIGID FLUID products or make inquiries to FRIGID FLUID; any other use is strictly prohibited. This site and the Content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of FRIGID FLUID. Archiving, saving, 'embedding' or using analogous technology to capture Content is strictly prohibited unless specifically authorized in writing. Unauthorized use of this site and/or the Content contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. Any Content retained by User must include all copyright and trademark notices and other proprietary notices contained in the Content. The use of any Content on any other Web site, in any environment of networked computers or any other medium is strictly prohibited, except as provided in these Terms and Conditions. You are prohibited from submitting, posting or transmitting 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.
- You agree not to transmit information to or through the Web site that contains any computer programming that is intended to damage or interfere with any aspect of this site. You further agree, without limitation, not to:
- provide any incomplete, false or inaccurate biographical information or other information to our Web site;
- delete or revise the personal information of any other visitor to our site;
- take any action that imposes an unreasonable or disproportionately large load on our site's infrastructure;
- use any device to interfere or attempt to interfere with the proper working of our site or any activity being conducted on this site;
- use or attempt to use any device to navigate or search our site to harvest or otherwise collect information to be used for any commercial purpose;
- attempt to decompile or reverse engineer any of the software making up a part of our site.
- You further agree not to violate or attempt to violate the security of the Web site, including, without limitation:
- accessing data not intended for you or accessing an account that you are not authorized to access;
- attempting to probe, scan or test the vulnerability of our site or to breach security or authentication measures, unless properly authorized;
- attempting to interfere with service to any user, host or network;
- forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.
- AUTHORIZED USER, AGE AND RESPONSIBILITY. You represent that you are an authorized User of FRIGID FLUID, have rights to access FRIGID FLUID Content, have the required licenses to purchase our products, 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 are solely responsible for maintaining the confidentiality of your password and log-in name, and are solely responsible for all activities that occur under your password or log-in name. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
- PRIVACY. You have read the FRIGID FLUID 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 FRIGID FLUID by FRIGID FLUID and/or its third party providers and distributors in accordance with the terms of and for the purposes set forth in the FRIGID FLUID Privacy Policy.
- MESSAGE BOARDS, PRODUCT REVIEWS AND ONLINE ADS. FRIGID FLUID may maintain chat rooms, online bulletin boards, product reviews, online ads and other forms of communication between users of our site. Unless otherwise specified, FRIGID FLUID may, but generally does not, monitor communications for accuracy or compliance with these Terms and Conditions. You may not use the Web site to make create, solicit, transmit, upload, or publish anything that: (i) is offensive, (ii) violates the rights of another, including intellectual property rights, (iii) infringes on a person's privacy rights, (iv) contains a computer virus or corrupt data, (v) impersonates any person, (vi) violates any applicable law, (vii) is in the nature of promotional material, including "spamming" activities in chat rooms or message board. By communicating through the Web site, you grant FRIGID FLUID a perpetual, royalty-free, irrevocable, non-exclusive license to use, reproduce, publish, post, and create derivative works from all communications. When you post or respond to an ad appearing on our site, or disclose any information to a third party on or through this site, you do so at your own risk. We will not be responsible for errors or failure to run an ad and we reserve the right to categorize, edit, and refuse ads. FRIGID FLUID ASSUMES NO LIABILITY FOR ANY DAMAGES SUSTAINED AS A RESULT OF USE OF ANY PRODUCT OR SERVICE OBTAINED THROUGH AN AD APPEARING ON THIS SITE.
- TERMINATION. This Agreement may be terminated by User at any time by discontinuing use of the FRIGID FLUID Web site. This Agreement may be suspended or terminated by FRIGID FLUID (i) automatically upon any violation of this Agreement, with or without prior notice to the User at FRIGID FLUID's sole discretion; or (ii) at any time, for any reason, or no reason at all, with or without prior notice to the User. Upon any termination by FRIGID FLUID, User shall discontinue any efforts to access the FRIGID FLUID Web site.
- EXCLUSION OF WARRANTY. FRIGID FLUID AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY CONTENT PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRIGID FLUID 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. 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.
- LIMITATION OF LIABILITY. FRIGID FLUID 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 CONTENT, DATA, TEXT, IMAGES, VIDEO, AUDIO OR OTHER MATERIAL FROM THE SITE. IN NO EVENT SHALL FRIGID FLUID 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 FRIGID FLUID 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.
- INDEMNIFICATION. You shall defend and indemnify FRIGID FLUID 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.
- LINKS. The Web sites linked through links provided in this Web site are not under our control. We do not assume any responsibility for the contents of any linked site, or for any potential damage arising out of or in connection with the use of any such link. In addition, the existence of a link between this site and any other site should not be construed as an endorsement by either us or the owner or proprietor of the linked site to the other.
Our Web site may contain "links" to many sites, and we make every effort to link only to sites that share our high standards. However, we are not responsible for the content available through other sites. If you decide to access other Web sites or participate in any offers or programs via such Web sites, you do so at your own risk.
Linking to this Web site (other than to the home page www.frigidfluidco.com) without the express written permission of FRIGID FLUID is strictly prohibited. To request permission to link to specific content on this Web site, please contact FRIGID FLUID in writing. FRIGID FLUID reserves the right to cancel and revoke any permission it may give to link to any content on the FRIGID FLUID Web site at any time, for any reason, without any prior notice, and without any liability to you or any other person. Framing, mirroring, scraping or data mining any content on this Web Site in any form and by any method is strictly prohibited.
- SUBMISSIONS. "Submissions" means all comments, feedback, suggestions, photos, surveys, reports, e-mail and other information or materials that you submit to FRIGID FLUID. Submissions will not be confidential and will become the property of FRIGID FLUID upon submission to FRIGID FLUID. By providing any such Submissions, you agree to assign to FRIGID FLUID, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent and warrant that any Submission you provide to FRIGID FLUID will be complete and accurate. You acknowledge that you are responsible for the Submissions that you provide, and that you, not FRIGID FLUID, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. FRIGID FLUID does not prescreen or monitor any Submissions as a matter of policy.
- INTERNATIONAL USERS. This Site is controlled, operated and administered by FRIGID FLUID from its offices within the United States of America. FRIGID FLUID makes no representation that materials at this site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. You may not use this site or export the products available on this site in violation of U. S. export laws and regulations. If you access this site from a location outside of the United States or within a state or territory that otherwise regulates your access, you are responsible for compliance with all local laws.
- CLAIMS OF COPYRIGHT INFRINGEMENT. We respect the copyrights of others. If you believe that your copyright is being infringed on the site, please notify our Agent Designated to Receive Notification of Copyright Infringement. To be effective, such notification must be in writing and must include:
- The name, address, and physical or electronic signature of the complaining party
- The name or other identifying information that identifies the copyrighted work
- The nature of the alleged infringement
- The location (web address or URL) where the infringement is alleged to have occurred
- A statement by the owner of the copyright that it has a good faith belief that there is no legal basis for the use of materials complained of
- A statement that the notification is accurate and that the complaining party is or is authorized to act on behalf of the copyright owner. The Agent Designated to Receive Notification is Robert Yeazel or Stephen Yeazel. Notification of Copyright Infringement may be delivered to Stephen Yeazel, Frigid Fluid Company, 11631 W. Grand Ave., Northlake, IL 60164. Ph. (800) 621-4719 Fax. (708) 836-1247. Email webmaster@frigidfluidco.com.
- NOTICES. Except as otherwise provided herein, all notices must be in writing to Frigid Fluid Company, 11631 W. Grand Ave., Northlake, IL 60164.
- RELATIONSHIP. Your use of this site is independent of FRIGID FLUID and not as an employee, agent, partner, or joint venturer with FRIGID FLUID for any purpose.
- 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 located in Cook County, the State of Illinois, United States of America, in all questions and controversies arising out of your use of this site and this Agreement.
- ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- MODIFICATION. FRIGID FLUID may at any time modify these Terms and Conditions and your continued access of this Web site, its Content or other use of this site will be conditioned upon the terms and conditions in force at the time of your use. It is your responsibility to review these Terms and Conditions periodically for any changes or modifications, as there will be no individual notices to Users regarding such changes or modifications. Users may look for new versions of these Terms and Conditions by checking www.frigidfluidco.com. User's continued use of any service offered by FRIGID FLUID constitutes an affirmative acknowledgment by User of these Terms and Conditions including any subsequent modifications made to them and User's agreement to abide and be bound by them.
- SEVERABILITY. These terms and conditions shall be deemed severable. In the event that 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.
- 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.
- WAIVER. The failure of FRIGID FLUID to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. User and FRIGID FLUID agree that any cause of action arising out of or related to Services provided under this Agreement, other than a user's obligation to pay any amounts owed, must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
- ENTIRE AGREEMENT. These terms and conditions, together with those 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.
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