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Materials
displayed on the coastercompany.com
website are protected by copyright,
other intellectual property laws, and
statutory and common laws. Use of the
coasterlcompany.com website is subject
to your compliance with the terms set
forth below. If you do not wish to be
bound by the terms, you may not use
the website. By using this website,
you agree to be bound by the terms of
this Access Agreement.
You should note that Coaster Company
may modify this Access Agreement at
any time. Therefore, you should review
this Access Agreement periodically before
using this website. Your continued use
of our services and website will constitute
your acceptance of the terms of the
Access Agreement posted on the coastercompany.com
website at the time of use.
Services Provided by Others. You may
order services, parts or products, through
the coastercompany.com website from
persons or entities that are not employees
or agents of Coaster Company ("Service
Providers"). Matters concerning
the services, parts or products desired
from a Service Provider, including but
not limited to purchase terms, warranties,
guarantees, maintenance and delivery,
are solely between you and the Service
Provider. Coaster Company makes no warranties
or representations whatsoever with regard
to any services, parts or products provided
by Service Providers. You agree not
to consider Coaster Company nor will
Coaster Company be construed as a party
to such transactions, whether or not
Coaster Company may have received some
form of payment or consideration in
connection with the transaction. You
also agree that Coaster Company will
not be liable for any costs or damages
arising out of, either directly or indirectly,
you or any other person involved or
related to the transaction.
Disclaimer of Liability. Because of
the possibility of human and mechanical
error as well as other factors, Coaster
Company is not responsible for any errors
in or omissions from the information
contained in or accessed through this
website or services provided by others
through this website. All such information
and services are provided "as is"
without warranty of any kind from Coaster
Company. Coaster Company MAKES NO REPRESENTATIONS
WITH REGARD TO SUCH INFORMATION, Coaster
Company SERVICES, THE coastercompany.com
WEBSITE, OR SERVICES PROVIDED BY OTHERS
THROUGH THIS WEBSITE, AND DISCLAIMS
ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES
OF ANY KIND TO YOU OR TO ANY THIRD PARTY,
INCLUDING ANY WARRANTIES OF ACCURACY,
TIMELINESS, NON-INFRINGEMENT, COMPLETENESS,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE. Coaster Company shall have
no liability in tort, contract or otherwise
to you or any third party due to use
of the information or services provided
in or through the coastercompany.com
website. Coaster Company cannot and
does not guarantee that information
posted on the coastercompany.com website:
(a) will not violate a law, regulation,
copyright, trademark, trade secret,
patent, or other proprietary rights
of others, including any party's privacy
right or right of publicity; (b) will
not be unlawful, libelous, defamatory,
slanderous, harmful, abusive, threatening,
or hateful; (c) will not include any
material that contains a virus, illicit
graphics, encoded binary files, job
offers, personal ads, trojan horses,
pyramid schemes, passwords of others,
password guessing programs, cracking
tools, network probing tools, or tools
to compromise the security of other
sites or the property of others; or
(d) will not include distribution lists
to be used via unsolicited electronic
mail or other mass electronic mailings.
[Note: The foregoing paragraph is unnecessary
if the website will not be posting informational
documents or material supplied by Service
Providers or Customers.] Coaster Company
shall under no circumstance be liable
to you or any third party for any lost
profits or lost opportunity, indirect,
special, consequential, incidental,
indirect or punitive damages whatsoever
arising out of use or the inability
to use the coastercompany.com website,
Coaster Company services, or the services
of others provided through the website,
even if Coaster Company has been advised
of the possibility of such damages,
or any claims based upon the accuracy
or inaccuracy of the information available
through the coastercompany.com website.
If you must rely upon information found
in this website, you should independently
verify its accuracy.
Indemnification. You agree to indemnify,
save and hold harmless Coaster Company
and its officers, directors, employees,
agents, attorneys, subsidiaries, parent
corporations, affiliated entities, shareholders,
representatives, heirs, predecessors,
beneficiaries, trustees, partners, joint
venturers, successors and assigns (collectively,
"Associated Entities and Persons")
from and against any and all losses,
liabilities, obligations, damages, costs
and expenses, whether known, unknown,
contingent or inchoate, of any nature
whatsoever, including, without limitation,
actual attorneys' fees, court costs
and other expenses incurred by Coaster
Company and its Associated Entities
and Persons and shall defend Coaster
Company and its Associated Entities
and Persons against any and all actions,
causes of action, claims, demands, rights,
suits, and proceedings brought against
Coaster Company or its Associated Entities
and Persons, in connection with or as
a result of any violation of this Access
Agreement, use or the inability to use
the coastercompany.com website or Coaster
Company services, services provided
by Service Providers, or any claims
based upon the accuracy or inaccuracy
of the information available through
the coastercompany.com website.
Information You Provide. Through the
coastercompany.com website, you may
provide Coaster Company with graphics,
content or other materials ("Your
Materials"). By posting messages,
uploading files, inputting data, or
engaging in any other form of communication
through this website, you are granting
Coaster Company a royalty-free, perpetual,
non-exclusive, unrestricted, worldwide
license to use, modify, copy, sublicense,
adapt, transmit, publicly perform or
display Your Materials. The foregoing
grants shall include the right to exploit
any proprietary rights in Your Materials,
including but not limited to rights
under copyright, trademark, servicemark
or patent laws under any relevant jurisdiction.
This website may include bulletin boards
and chat rooms ("Bulletin Boards")
which allow feedback to Coaster Company
and real-time interaction between users.
Coaster Company does not control the
information or materials posted or delivered
to bulletin boards. Use of the bulletin
boards and this website constitutes
your agreement that you will not post
or transmit to the Bulletin Boards:
a. any material which
violates or infringes any national
or international professional or business
codes, copyright, trademark, trade
secret, patent, statutory, common
law or other proprietary rights of
others, including any party's privacy
right or right of publicity, in effect
or which may hereafter be enacted
and applicable to this Access Agreement
or websites;
b. any material that is libelous,
slanderous, harmful, abusive, threatening,
unprofessional, obscene, vulgar, indecent,
or pornographic, including without
limitation any transmissions constituting
or encouraging conduct that would
constitute a criminal offense, give
rise to civil liability or otherwise
violate any local, state, national
or international law;
c. distribution lists to be used via
unsolicited electronic mail or other
mass electronic mailings; or
d. materials that contain a virus
or other harmful component.
[Note: This section is unnecessary
if the website will not be posting
material supplied by Customers.]
Hyperlinked websites.
The coastercompany.com website may
include hyperlinks that may be used
to jump to the website of a third
party. Coaster Company has no control
over the materials included in any
hyperlinked website and does not warrant
in any way the information included
in such a website.
Down Time. Due to power interruptions,
"down time" or other factors
beyond Coaster Company control, or
due to any computer, software or other
malfunction, Coaster Company cannot
guarantee that its website will always
be available. If you believe you will
need information in the future, you
should make a copy of the information
at the time you find it on the coastercompany.com
website.
Miscellaneous. Nothing herein expressed
or implied is intended or shall be
construed to confer upon or give to
any person or corporation other than
you and Coaster Company, and Coaster
Company successors or assigns, any
rights or remedies under or by reason
of this Access Agreement.
This Access Agreement
is effective until terminated by Coaster
Company, at any time without notice.
In the event of termination, you are
no longer authorized to access the
Bulletin Boards and the restrictions
imposed on you with respect to material
downloaded from the Bulletin Boards,
the disclaimers and limitations of
liabilities set forth in this agreement,
shall survive.
Any clause of this Access Agreement
declared invalid by the appropriate
authority shall be deemed severable
and shall not affect the validity
or enforceability of the remainder.
In the event of any action by Coaster
Company to (a) enforce or interpret
this Access Agreement, (b) recover
damages for breach of this Access
Agreement, (c) obtain declaratory
relief in connection with this Access
Agreement, or (d) otherwise obtain
judicial relief in connection with
the transactions that are the subject
of or are contemplated by this Access
Agreement, Coaster Company shall be
entitled to recover, in addition to
all damages, all actual attorneys'
fees, court costs and other fees and
expenses incurred in connection therewith.
Coaster Company's waiver or failure
to insist upon strict compliance with
any obligation, covenant, agreement
or condition of this Access Agreement
shall not operate as a waiver of,
or estoppel with respect to, any subsequent
or other failure.
This Agreement shall be governed by
and construed in accordance with the
applicable laws of the State of California
(excluding its choice of law rules).
Any litigation shall take place in
Los Angeles County.
This Agreement sets forth the final,
complete and exclusive agreement and
understanding of Coaster Company and
you, and supersedes all prior agreements,
arrangements, communications, representations
or warranties, by Coaster Company
or you. |
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