Ceiling-Tile
Web Site Agreement
The Ceiling
Tile.net Web Site (the "Site") is an online information
service provided by Ceiling-Tile ("Ceiling Tile.net "),
subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING
THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND
BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR
USE THE SITE. Ceiling Tile.net MAY MODIFY THIS AGREEMENT AT ANY
TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND
YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
Ceiling Tile.net, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download
portions of material from the different areas of the Site solely
for your own non-commercial use provided that you agree not to change
or delete any copyright or proprietary notices from the materials.
You agree to grant to Ceiling Tile.net a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to
reproduce, distribute, transmit, create derivative works of, publicly
display and publicly perform any materials and other information
(including, without limitation, ideas contained therein for new
or improved products and services) you submit to any public areas
of the Site (such as bulletin boards, forums and newsgroups) or
by e-mail to Ceiling Tile.net by all means and in any media now
known or hereafter developed. You also grant to Ceiling Tile.net
the right to use your name in connection with the submitted materials
and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that
you shall have no recourse against Ceiling Tile.net for any alleged
or actual infringement or misappropriation of any proprietary right
in your communications to Ceiling Tile.net.
TRADEMARKS.
Publications, products, content or services referenced herein or
on the Site are the exclusive trademarks or servicemarks of Ceiling
Tile.net. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the
Site.
You understand that, except for information, products or services
clearly identified as being supplied by Ceiling Tile.net, Ceiling
Tile.netdoes not operate, control or endorse any information, products
or services on the Internet in any way. Except for Ceiling Tile.net-
identified information, products or services, all information, products
and services offered through the Site or on the Internet generally
are offered by third parties, that are not affiliated with Ceiling
Tile.net a. You also understand that Ceiling Tile.net cannot and
does not guarantee or warrant that files available for downloading
through the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external to
the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. Ceiling Tile.net PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY,
AND Ceiling Tile.net SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. Ceiling Tile.net DOES NOT WARRANT THAT THE SERVICE WILL
BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED.
YOU UNDERSTAND
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS
SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU.
YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. Ceiling Tile.net
HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR
SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT
WILL Ceiling Tile.net BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION,
AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,
OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION
OR SERVICE. EVEN IF Ceiling Tile.net OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Ceiling Tile.net
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Ceiling Tile.net makes no representations whatsoever about any other
web site which you may access through this one or which may link
to this Site. When you access a non-Ceiling Tile.net web site, please
understand that it is independent from Ceiling Tile.net, and that
Ceiling Tile.net has no control over the content on that web site.
In addition, a link to a Ceiling Tile.net web site does not mean
that Ceiling Tile.net endorses or accepts any responsibility for
the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless Ceiling Tile.net,
its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Service from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of this Agreement
(including negligent or wrongful conduct) by you or any other person
accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of Ceiling Tile.net and its officers, directors,
employees, agents, licensors, suppliers, and any third party information
providers to the Service. Each of these individuals or entities
shall have the right to assert and enforce those provisions directly
against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice
at any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification),
4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination
of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between Ceiling Tile.net and
you for any purpose concerning this Agreement or the parties' obligations
hereunder shall be brought exclusively in a federal or state court
of competent jurisdiction sitting in The United States of America
. Any cause of action or claim you may have with respect to the
Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred.
Ceiling Tile.net's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision
of this Agreement. Ceiling Tile.net may assign its rights and duties
under this Agreement to any party at any time without notice to
you.
Any rights not expressly granted herein are reserved.
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