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Terms & Conditions

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This Website Use Agreement ("Agreement") is between you ("User") and C-CAT, Inc. ("Company"). In consideration of the right to access and use the Company's website www.C-CAT.com  ("Website"), and the information offered on the Website, User agrees to the terms and conditions of use set forth in this Agreement. This Agreement applies to the products, the services and information currently offered by C-CAT and any products, services, information or products that C-CAT, Inc may choose to offer in the future (unless stated otherwise).

User's Acknowledgments:

User acknowledges that any and all information provided by User in the course of using the Website may be used by Company for any lawful purpose, subject to the Company's Privacy Policy.

User acknowledges that, except as otherwise stated, the products or services sold through or advertised in the Website are sold "AS IS," without warranty of any kind.

“AS IS” as defined: A term used to describe a sales transaction in which the seller offers goods in their present, existing condition to prospective buyers.

The term as is gives notice to buyers that they are taking a risk on the quality of the goods. The buyer is free to inspect the goods before purchase; but if any hidden defects are discovered after purchase, the buyer has no recourse against the seller. Any implied or express warranties that usually accompany goods for sale are excluded in an "as is" sale.

User acknowledges that transmissions to and from this Website may be read or intercepted by third parties. User acknowledges that any reliance upon any opinion, advice, statement, memorandum, information, or any other material contained in the Website or any of its links shall be at User's own risk. User is responsible for any and all fees, taxes, and expenses which may be incurred through the use of this Website or as the result of the purchase of products/services from within it.

User acknowledges that Company does not attempt to review, edit, modify, regulate or control the content of any sites that are linked to the Website and that Company shall not be held responsible or liable for the accuracy, legality, decency or copyright and trademark compliance of any third party site.

C-CAT, Inc Control Over Website:

C-CAT has the right, but not the obligation, to monitor the use of the Website and its content and, except as otherwise provided in our Privacy Statement, may freely use and disclose any information and materials received from the User or collected through User's use of the Website for any lawful reason or purpose. Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request.

Company reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website. Amendments to the Agreement will take effect immediately upon being posted to the Website, and User's continued use of the Website constitutes User's acceptance thereof.

Company may change, suspend or discontinue any aspect of the Website at any time, including, but not limited to, content, services offered, products offered, database, hours of availability, and equipment needed for access or use. Company may also impose limits on certain features and services or restrict User's access to parts or the entire Website without notice or liability.

Intellectual Property Rights:

The content, layout, design, data, databases and graphics on this website are protected by the United States and other international intellectual property laws and are owned by C-CAT, Inc. Unless expressly permitted in writing in a license agreement or referenced herein and other than printing a small proportion of content or displaying this on your screen or both, (strictly for your personal non-commercial use), no part of the website may be reproduced, stored in any medium, including but not limited to a retrieval system or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording, broadcasting) nor, shown in public.

You may not create any derivative work or make any other adaptation, without our prior written consent. You must not modify the copies you have displayed or printed in any way and you may not use any illustrations, photographs, videos or audio sequences or any graphics separately from any accompanying text. Any permitted use of our material is subject to ensuring that our copyright notices and trademarks appear as they do on all copies online and customary bibliographical citations including author attribution, date article title (where applicable) and the URL to the relevant C-CAT website are included. If you print off or download any material from our website(s) in breach of these terms of use, any rights to use our site(s) will cease immediately and you must at our option return or destroy any copies of the materials you have made. All rights not expressly granted in these terms or any express written license, are reserved.

The trademarks and logos which are displayed on the websites are the trademarks of C-CAT. Any use including framing, metatags or other text utilizing the C-CAT trademarks or other trademarks displayed, is strictly prohibited without our (or our licensor's) express written consent.

Any material you upload to our sites will be considered non-confidential and non-proprietary (unless otherwise stated on the site or within our privacy policy) and for such content you grant us a transferable, royalty free, worldwide, irrevocable license to use, copy, distribute, edit, amend, disclose, sub license to third parties and create derivative works in whole or party of any such material for any purpose, in any media. We may remove, edit or amend any such material at any time without notice to you. To the extent moral rights attach to any material to the fullest extent permitted by law these are waived in our favor. All material posted must adhere to the requirements of “Your conduct" below.

We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to any of our sites constitutes a violation of their rights, including without limitation, their intellectual property rights, and reputational rights or of their right to privacy

User's Covenants:

User represents, warrants and covenants that User shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: restrict or inhibit any other user from using and enjoying the Website, are unlawful, threatening, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, invasive of another's privacy, hateful, tortious or indecent, constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, violate, plagiarize, or infringe the rights of third parties, including, but not limited to, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights, contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other harmful components that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, contain any information, software or other material of a commercial nature, contain advertising of any kind, constitute or contain false or misleading indications of origin or statements of fact, or would harm minors in any way.

User further promises not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any business being conducted on the Website. User may not take any action that imposes an unreasonable or disproportionately large load on the Website's infrastructure. User may not link to the Website in any manner that would bypass Company's home page. User may not "frame" the Website or any portion thereof.

User authorizes Company to charge User's credit card, debit or PayPal from User's bank account for payment of items purchased through Company's website. By authorizing us (Company) to charge your (User's) credit card or debit your bank account, no additional notice or consent is required before Company invoices the credit card or debit the bank account for all amounts due to Company for any reason. Company may accept late payments, partial payments or any payments marked as being "payment in full" or as a settlement of any dispute without losing any of our rights under this Agreement. User agrees to pay costs and fees we incur to collect an unpaid balance from you

Disclaimers:

C-CAT does not represent or endorse the accuracy or reliability of any advice, opinion, or other information displayed or distributed through the Website. Further, by using the Website and the products and/or services Company offers, User may have access to third parties and other websites. Access to such parties and websites does not constitute an endorsement by Company or any of its subsidiaries or affiliates of third parties, or the resources, products or services offered by them. Company makes no guarantees or warranties of any kind as to such third parties or their products or services, or any information found on the Internet that User may access through use of the Website.

Disclaimer of Warranty and Liability:

THIS WEBSITE IS PROVIDED "AS IS." USER UNDERSTANDS AND EXPRESSLY AGREES THAT THE USE OF THE WEBSITE AND ALL ITS CONTENTS IS AT USER'S SOLE RISK, THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR OTHERWISE ON THE WEBSITE, THE COMPANY AND  DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND IT MAKES NO WARRANTY OR REPRESENTATION REGARDING THE PRODUCTS, SERVICES OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE, REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR THAT THE WEBSITE WILL MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
COMPANY NOR IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, ILLEGAL, TORTIOUS OR INFRINGING CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF COMPANY'S TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
ADVICE OR INFORMATION OBTAINED BY A USER, EITHER ORALLY OR IN WRITING, FROM THE WEBSITE OR SOME SERVICE OFFERED ON THE WEBSITE SHALL NOT CREATE ANY WARRANTY OF ANY KIND, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability:

THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE, RESULTING FROM ANY INFORMATION, GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE, RESULTING FROM LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF THE COMPANY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DAMAGES EXCEED AMOUNTS, IF ANY, PAID BY USER TO COMPANY.

Indemnification:

User agrees to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from User's use of the Website, User's violation of the terms of the Agreement or User's infringement, or infringement by any other user of any intellectual property or other right of any person or entity. The terms of this Agreement will inure to the benefit of the Company's successors, assigns and licensees. User covenants to cooperate fully in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of the Company.

Notices and Notifications:

Except as explicitly stated otherwise, any notices shall be given by e-mail to support@C-CAT.com (in the case of Company) or to the e-mail address User provided to Company during User's use of the Website (in the case of User), or such other address as either party may specify. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

Term:

The term of this Agreement shall commence when the User first visits the Website and shall apply to all of User's subsequent visits. The Company may, with or without cause, immediately terminate this Agreement, and deny User access to the Website. Without limiting the foregoing, Company has the right to immediately terminate User's right to access the Website in the event that User breaches this agreement or engages in conduct that Company, in its sole discretion, considers unacceptable. If this Agreement is terminated, User will no longer be authorized to access the contents of the Website. In the event of termination, the restrictions imposed on User with respect to material downloaded, copied or otherwise reproduced from the Website, the disclaimers and limitations of liabilities and indemnification set forth in this Agreement, shall survive.

Dispute Resolution and Governing Law:

This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to the User's Agreement shall be in the state courts located in Hamilton County, or in Federal District Court for the Central District of Indiana. User and Company agree that any action or proceeding arising out of or related to the User's Agreement shall be subject to mediation between the parties as a form of alternative dispute resolution.

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, and such determination shall not affect the validity and enforceability of any other remaining provisions.

Cancelled transactions, typographical errors and items not in inventory.

In the event that a product or service is mistakenly listed at an incorrect price, Company reserves the right to cancel or refuse any order for the product or service listed at the incorrect price. Company reserves the right to refuse or cancel any orders regardless of whether the order has been confirmed. If User's credit card has already been charged for the purchase when the order is cancelled by Company, the Company shall issue a credit to the credit card in the amount of the price paid by User to Company.

Costs and Attorney's Fees:

In any legal or equitable dispute between Company and User, if Company is a prevailing party in that claim, Company will been titled to recover, and User agrees to pay Company, all reasonable and necessary attorneys' fees incurred and any costs of litigation, in addition to any other relief, at law or in equity to which such parties may be entitled.