Terms of Use
CARPENTER TECHNOLOGY CORPORATION
GENERAL TERMS AND CONDITION OF SITE
USE
FOR CARTECH.COM
Carpenter Technology Corporation ("Carpenter")
operates the web site located at http://www.cartech.com (the "Site"), an on-line
commerce and information service in which registered users ("Users") may learn
about Carpenter and its specialty alloys, engineered products and other products
and services and receive industry information and news services. Please read
these General Terms and Conditions and Carpenter's Privacy Statement carefully. In order to become a User and utilize
the Site, you must agree to comply with these General Terms and
Conditions.
Eligibility. Only registered Users may access and use the
full services of the Site. Carpenter reserves the right, at its sole discretion,
to refuse or revoke use privileges on the Site, or to limit a User's ability to
access information on the Site. Carpenter may terminate without prior notice the
access of a User who breaches any of these General Terms and Conditions. To
become a User, a person must register by completing the appropriate
form.
Changes. From time to time, Carpenter may amend the General Terms
and Conditions, and may add, delete, change or otherwise modify the services
provided on the Site. Carpenter will post the amendments to the General Terms
and Conditions on the Site, along with the effective date of any such amendment.
All use of the Site after the effective date will be subject to the amended
General Terms and Conditions.
General Rules of Site Use
1. Each
User will select a User ID and a Password and agrees to keep its User ID and
Password confidential at all times. No User may permit its User ID or Password
to be used by a third party to access information through the Site.
2. No
User may attempt, through the use of straw parties, aliases or other means to
conceal such User's identity, to manipulate the data or transactions to which it
has access or to otherwise take any actions Carpenter determines to be
inconsistent with the intended use of the Site.
3. No User may attempt,
through the use or introduction of any device, software or executable routine
(including but not limited to any viruses, Trojan horses, worms, or other
executable programs), to damage or interfere with the proper working of the
Site.
4. Any and all information made available to the User on the Site
(including, without limitation, technical information, alloy data sheets,
material safety data sheets, scientific or technical studies or articles or
product catalogs) is solely for each User's internal use. None of such
information may be printed out, copied, downloaded or otherwise duplicated for
the purpose of distribution to any third party or for any use that is not
consistent with Carpenter's intended purpose for the Site. Carpenter
acknowledges that individual Users may have a need to print out, copy or
download selected portions of such information for appropriate use. Under no
circumstances should complete or significant parts of any catalogs, compendia,
compilations or similar works be duplicated. Carpenter will monitor the
information being duplicated from the Site and will take immediate action to
terminate such activities and to suspend the rights of the User involved.
Carpenter reserves the right to take any and all other legal action or to seek
any other remedies that may be appropriate in response to the improper use or
misappropriation of its information.
5. Each User agrees that it is
solely responsible for (i) evaluating and selecting any specialty alloy or other
metal product for the User's use; (ii) establishing and maintaining the accuracy
of the User's profile; and (iii) complying with these General Terms and
Conditions.
DISCLAIMER
The specific terms and conditions of use of
the Site shall be solely governed by these General Terms and Conditions.
CARPENTER PROVIDES THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY FURTHER
WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER PROVISION TO THE
CONTRARY, CARPENTER NEITHER MAKES, NOR ASSUMES ANY LIABILITY UNDER, ANY
WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AND NO REPRESENTATION OR
WARRANTY, EXPRESS OR IMPLIED, MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OR
REPRESENTATIVE OF CARPENTER OR OTHERWISE CONTAINED ON THE SITE SHALL BE BINDING
UPON CARPENTER. ALL USE OF THE SITE IS AT THE USER'S SOLE RISK. CARPENTER DOES
NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR
ERROR-FREE, OR THAT INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE. THE
USER AGREES THAT IT IS USING THE SITE FOR ITS OWN CONVENIENCE AND THAT
INFORMATION PROVIDED ON THE SITE WILL NOT BE DEEMED TO ALTER ANY OF CARPENTER'S
OBLIGATIONS UNDER ANY SEPARATE AGREEMENT. THE USER'S SOLE REMEDIES AGAINST
CARPENTER WITH RESPECT TO ANY GOODS SOLD OR SERVICES PROVIDED BY CARPENTER WILL
BE THOSE SET FORTH IN THE APPLICABLE TERMS AND CONDITIONS OF SALE. IN NO EVENT
SHALL CARPENTER BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR CLAIMS OF
ANY NATURE NOR FOR ANY CLAIMS FOR LABOR COSTS OR FAILURE OR DELAY IN
DELIVERY.
Equipment and Connections. Each User is responsible for
providing all equipment necessary to access the Internet and interact with the
Site.
Compliance with Applicable Law. Each User agrees to comply with
all applicable local, state, federal, and international laws, statutes, rules
and regulations relating to User's use of the Site, including without limitation
all applicable tariffs and trade laws.
Information Posted to Site. Each
User is and agrees to be solely responsible for information that it submits
through the Site. Each User agrees that the information it may submit through
the Site shall not (i) infringe any third party's rights, including but not
limited to patent, copyright, trademark, trade secret, or other proprietary
rights; (ii) be obscene, indecent, defamatory, or violate any person's rights of
publicity or privacy; or (iii) violate any applicable law, statute, rule or
regulation, or constitute fraud. Each User agrees that Carpenter shall have no
obligation to monitor the content on any links to other web sites from the
Site.
Intellectual Property Rights. Each User acknowledges and agrees
that all right, title and interest in the Site and any data developed and/or
collected by Carpenter in connection with the operation of the Site shall be and
remain solely the property of Carpenter. Carpenter shall use any such data only
in accordance with the Privacy Statement. Any third party content published on the Site is
the property of the respective copyright owners and may not be copied or
distributed in any way by Users for commercial purposes.
Term and
Termination. A User registration is unlimited in term. Notwithstanding the
foregoing, Carpenter may at any time immediately terminate a User's
registration, and all rights to access and use the Site, with or without prior
notice to such User. Such notice, if made, shall be deemed effective if made via
e-mail, facsimile, mail, overnight carrier, or courier. A User may at any time
immediately terminate its registration, and all rights to access and use the
Site, upon notice to Carpenter. Such notice may be made, and shall be deemed
effective if made, via e-mail, facsimile, mail, overnight carrier, or
courier.
Governing Law; Jurisdiction. Each User registration, and the
General Terms and Conditions set forth herein, shall be governed by and
construed in accordance with the laws of the Commonwealth of Pennsylvania,
without regard to its conflict of law provisions. Each User and Carpenter agree
that any controversy or claim arising out of or relating to these General Terms
and Conditions, whether with respect to use of the Site or sale of any products
through the Site, or the relationship between each User and Carpenter shall be
submitted and will be subject to the personal and exclusive jurisdiction of the
courts located within Philadelphia, Pennsylvania.
Miscellaneous. This
Agreement and the Privacy Statement which are incorporated by reference herein
constitute the entire agreement and understanding between the parties with
respect to the subject matter covered hereby and supersedes and replaces any and
all prior written or verbal agreements. This Agreement may not be assigned or
transferred to third parties by User without prior written permission from
Carpenter. If any provision of this Agreement is held to be invalid or
unenforceable, such determination shall not affect such provision in any other
respect or any other provision of the General Terms and Conditions which shall
remain in full force and effect.
User Agreement
The User hereby
represents that it has read and understands the General Terms and Conditions,
and that by executing this form, the User hereby agrees to the General Terms and
Conditions set forth herein and as they may be amended and revised from time to
time. Be sure to print out a copy of these General Terms and Conditions and the
Privacy Statement for your records.