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ATTENTION: PLEASE READ THESE TERMS ("TERMS")
CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE
INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, DO NOT USE THIS WEB SITE.
Curvy Road Holdings, LLC ("Curvy Road") authorizes you to
view and download materials ("Materials") at this
web site ("Site") only for your personal, non-commercial
use, provided that you retain all copyright and other proprietary
notices contained in the original Materials in any copies
of the Materials. The copyright in the Materials is held by
Curvy Road or the original creator of the material. You may
not modify the Materials at this Site in any way or reproduce
or publicly display, perform or distribute or otherwise use
them for any public or commercial purpose, in any form or
by any means, including, without limitation, electronic, mechanical,
photocopying, recording, or otherwise, without the written
permission of Curvy Road or the copyright owner. For purposes
of these Terms, any use of these Materials on any other web
site or networked computer environment for any purpose is
prohibited. The Materials are copyrighted and any unauthorized
use of any Materials may violate copyright, trademark, and
other laws. If you breach any of these Terms, your authorization
to use this Site automatically terminates and you must immediately
destroy any downloaded or printed Materials.
Access to some content accessible from this Site is password
controlled. By registering for an account, a password and
the right to use the protection portions of this Site, you
are certifying that you are an authorized representative of
your company with the right to bind your company to these
Terms (and any additional terms required for access to password
controlled content) and that the user name and password are
unique to you and/or your company. You are solely responsible
for maintaining the confidentiality of your user name and
password. You are advised that you could be held liable for
losses incurred by Curvy Road as a result of the misuse of
your user name, password or account.
There are inherent dangers in the use of any software available
for downloading on the Internet, and Curvy Road cautions you
to make sure you completely understand the potential risks
before you download any software (such as potential infection
of your system by computer viruses). If you down-load software
from the Site ("Software"), use of the Software
is subject to the license terms in the software license agreement
("License Agreement") that accompanies or is provided
with the Software. You may not download or install the Software
until you have read and accepted the terms of the applicable
License Agreement. You are solely responsible for adequate
protection and backup of your data and equipment and you assume
all risks associated with any Software you may download.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION
OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY IN ACCORDANCE WITH
THE APPLICABLE LICENSE AGREEMENT. EXCEPT AS SPECIFCALLY WARRANTED
IN THE LICENSE AGREEMENT, Curvy Road HEREBY DISCLAIMS ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
IN NO EVENT WILL Curvy Road AND/OR ITS RESPECTIVE SUPPLIERS
BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL,
PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL
OR BUSINESS INTERRUPTION) EVEN IF Curvy Road HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
Curvy Road does not want to receive confidential or proprietary
information from you from this Site. Other than personally
identifiable information (which is covered under the Curvy
Road Privacy Statement), any material, information or other
communication that you transmit or post to this Site ("User
Communications") will be considered non-confidential
and non-proprietary. Curvy Road will have no obligations whatsoever
with respect to the User Communications. Curvy Road and its
designees will be free to copy, disclose, display, distribute,
modify, incorporate, and otherwise use the User Communications
and all data, images, sounds, text, and other things embodied
therein, without any obligation to any party whatsoever, for
any and all commercial or non-commercial purposes. Moreover,
by sending Curvy Road the User Communications, you also agree
that Curvy Road is free to use any ideas, concepts, know-how,
or techniques for any purpose. You are prohibited from posting
or transmitting to or from this Site any unlawful, threatening,
libelous, defamatory, obscene, pornographic, or other material
that would violate any law or regulation.
Curvy Road may, but is not obligated to, monitor or review
any areas of the Site where users transmit or post User Communications
or communicate solely with each other, including, without
limitation, to chat rooms, bulletin boards or other user forums,
and the content of any such User Communications. Curvy Road,
however, will have no liability or obligations whatsoever
related to the content of any such User Communications, whether
or not arising under the laws of copyright, libel, privacy,
obscenity, or otherwise. Curvy Road retains the right to remove
messages that include any material deemed abusive, defamatory,
obscene or otherwise unacceptable.
Links to third party web sites from this Site are provided
solely as a convenience to you. If you use these links, you
will leave this Site. Curvy Road has not reviewed all of these
sites or their content. Thus, Curvy Road does not endorse
or make any representations about them, or any information,
software or other products or materials found there, or any
results that may be obtained from using them. If you decide
to access any of the third party sites linked to this Site,
you do so entirely at your own risk.
THE MATERIALS AND SERVICES PROVIDED AT THIS SITE ARE PROVIDED
"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER.
IN PARTICULAR, Curvy Road DISCLAIMS ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY
THIRD PARTY RIGHTS.
Curvy Road further does not warrant the quality,
validity, accuracy or completeness of the Materials or services
at this Site ("Services") or that the functions
contained on the Site will be uninterrupted of error-free,
or that defects or inaccuracies will be corrected. Curvy Road
may make changes to the Materials or Services, or to the products,
specifications or prices described in them, at any time without
notice. The Materials and Services may be out of date, and
Curvy Road makes no commitment to update the Materials and
Services at this Site or to make any notification of changes.
Information published at this Site may refer to products,
programs or services that are not available in your country.
Please consult your local Curvy Road distributor or reseller
for information concerning the products, programs and services
that may be available to you. Applicable law may not allow
the exclusion of implied warranties, so the above exclusion
may not apply to you.
IN NO EVENT WILL Curvy Road, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED IN THIS SITE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL,
INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS ANY
USE OF THIS SITE, OR THE MATERIALS OR INFORMATION OR SERVICES
CONTAINED OR ACCESSIBLE FROM THIS SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF
THE MATERIALS, INFORMATION OR SERVICES FROM THIS SITE RESULTS
IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT
OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTIAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
Government users will receive no greater than Restricted Rights
as defined in FAR 52.227-19 (c)(1-2)(June 1987). Government
users will receive no greater Limited Rights as defined in
FAR 52.227-14 (June 1987) or DFAR 252.227-7015(b)(2)(November
1995), as applicable in any technical data at this Site.
This Site is administered by Curvy Road from its offices in
Palatine, Illinois. Curvy Road makes no representation that
the Materials or Services are appropriate or available for
use outside of the United States, and access to them from
territories where their contents are illegal is prohibited.
You may not use or export or re-export the Materials or Services
at this Site or any copy or adaptation in violation of any
applicable laws or regulations including, without limitation,
U.S. export control laws and regulations. If you choose to
access this Site from outside the United States, you do so
at your own initiative and are responsible for compliance
with applicable laws. These Terms will be governed by and
construed in accordance with the laws of the Illinois, without
giving effect to any of its principles of conflicts of laws.
These Terms represent the entire agreement relating to the
use of this Site. Curvy Road's failure to enforce any right
or provision of these Terms does not constitute a waiver of
that right or provision. Curvy Road may revise these Terms
at any time by updating this posting. You should visit this
page from time to time to review the then-current Terms because
they are binding upon you and your use of the Site. Certain
provisions of these Terms may be superseded by expressly designated
legal notices or terms located on particular pages of this
Site. Curvy Road may, its sole discretion, terminate or suspend
your access to all or part of the Site for any reason, including,
without limitation, breach of these Terms. These Terms shall
be exclusively interpreted in accordance with the English
language with the meaning of its terms. Should a translation
of these Terms deviate from the English language version,
only the English language version shall apply and be binding.
The information contained in this Site is subject
to change without notice. Copyright © 2007 Curvy Road, LLC. All Rights Reserved. Curvy Road, 648 E. Northwest
Highway, Palatine, IL 60074
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