TERMS AND CONDITIONS OF USE
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE. THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS WHICH APPLY TO YOUR USE OF THIS WEBSITE (THE “SERVICE”) WHICH IS OFFERED TO YOU BY C.H. GUENTHER & SON LLC. (“GUENTHER”). BY USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE AGREEMENT JUST AS IF YOU HAD SIGNED THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE DISCONTINUE YOUR USE OF THE SERVICE.
1. LIMITED LICENSE
Subject to the terms and conditions set forth in this agreement, Guenther grants you a non-exclusive, non-transferable, limited right to access, use and display this Web site and the materials thereon for your personal, noncommercial use only. You agree that no joint venture, partnership, employment or agency relationship exists between you and Guenther as a result of this agreement or your use of the Service.
2. MODIFICATION AND TERMINATION
Guenther reserves the right to modify these terms and conditions and to modify, add or discontinue any aspect, content, or feature of the Service. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Service, via e-mail or any other reasonable means. By using the Service, you agree to be bound by any such revisions. You should periodically visit this page to determine the then current Terms and Conditions of Use to which you are bound.
The license and rights granted under this Agreement shall remain in full force and effect unless terminated, suspended, or canceled for any of the following reasons: (a) upon thirty (30) days written notice by any party of its intent to terminate; (b) immediately by Guenther for any unauthorized access or use by you, including, without limitation (i) concurrent access of the Service with identical user identification numbers, (ii) permitting another person or entity to use your user identification number to access the Service, or (iii) any other access or use of the Service except as expressly provided in this Agreement; or (c) immediately, if in Guenther’s sole discretion you violate the terms and conditions of this Agreement or the rules and regulations relating to the use of, or tamper with or alter any of the software and/or data files contained in, or accessed through, the Service.
Termination, suspension, or cancellation of this Agreement or your access rights shall not affect any right or relief to which Guenther may be entitled, at law or in equity. Upon termination of the licenses under this Agreement, all rights granted to you will terminate and revert to Guenther and its licensors. Upon termination, you must destroy all materials obtained from this Web site and any and all other Guenther site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.
3. COPYRIGHT AND TRADEMARK NOTICE
All trademarks of Guenther and all trademarks, service marks and trade names used on the Service are the property of Guenther or their respective owners, and may not be copied, downloaded or otherwise exploited without the permission of Guenther or the owner of such trademark, service mark or trade name.
Copyright © 2000-2003 C. H. Guenther & Son All rights reserved. Copying, storage in an electronic storage device, making of derivative works or public display of any text, graphics or displays of this Web site not credited to others is prohibited under penalty of the laws of the United States of America and international treaties without the prior, express written permission of Guenther. Guenther does not grant permission to anyone to display or distribute this information on the Internet or the World
The trademarks, logos and service marks (hereinafter “Trademarks”) displayed on this Web site are registered or unregistered Trademarks of Guenther. Nothing contained in this Web site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on this Web site without Guenther’s prior written approval.
4. RESTRICTIONS ON USE
This Service is owned and operated by Guenther and contains material which is derived in whole or in part from material supplied and owned by Guenther and other sources, and is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from this Service including code and software (“Material”). You may download Material from this Service for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. In the event that you download Material from the Service, such Material is licensed to you by Guenther or its licensors, and neither Guenther nor its licensors transfer title to any such Material to you. You agree that you will not alter the presentation or reproduce, retransmit, disseminate, sell, distribute, publish, broadcast, circulate or commercially exploit the information provided on this site in any manner without the prior, express written consent of Guenther. Further, you agree that you will not use the information provided on this site for any unlawful purpose.
5. LINKING TO THIS WEB SITE
You may link only to Guenther’s Homepage: CHG.COM. Deep-linking is expressly prohibited.
6. SOLICITATION OF OFFERS
Statements made on these pages concerning the products or services of Guenther do not constitute an offer, but are merely solicitations of an offer. References to and information concerning products on this Web site are not complete and must be read in conjunction with the specific information accompanying such products, as the same may change from time to time.
7. DISCLAIMER OF WARRANTY
GUENTHER HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THIS SERVICE. NEITHER GUENTHER NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS SERVICE AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GUENTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. GUENTHER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICES, INCLUDING THE COMMUNITY AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GUENTHER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME ALL RISK OF ERRORS’ AND/OR OMISSIONS IN THE SERVICE, INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION. YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED HEREUNDER. YOU (AND NOT GUENTHER) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, GUENTHER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
This site is controlled and operated by Guenther from its offices within the State of Texas, United States of America. Guenther makes no representation that materials in the Web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Certain sites on the Internet carry controversial, sexually explicit or other potentially inappropriate material. Neither Guenther nor its officers, directors, partners, agents, affiliated companies, information providers or content partners (all of whom for purposes of this agreement are included within the term “Guenther”) control or censor the Internet.
8. DISCLAIMER OF LIABILITY
IN NO EVENT SHALL GUENTHER OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF GUENTHER OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER GUENTHER NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SERVICE. FURTHER, GUENTHER SHALL NOT BE LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION SERVICES PROVIDED BY OR KNOW-HOW OR OTHER INFORMATION CONTAINED WITHIN THIS WEB SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE WEB SITE USER, OR FOR ANY CLAIM OR LOSS ARISING THEREFROM OR OCCASIONED THEREBY. GUENTHER SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS OR GOODWILL THAT RESULTS FROM USE OF OR INABILITY TO USE INFORMATION OR SOFTWARE CONTAINED WITHIN THIS WEB SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IN SUCH JURISDICTIONS, GUENTHER’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Guenther is pleased to hear from users and welcomes your comments regarding Guenther. However, if you send us suggestions, ideas, notes, computer programs, data, drawings, concepts, or other information of any kind (collectively, the “Information”), the Information shall be deemed, and shall remain, the sole and absolute property of Guenther. None of the Information shall be subject to any obligation of confidence on the part of Guenther, and Guenther shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, Guenther shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Guenther shall not be liable for any lack of privacy you may experience while using this Web site.
12. GOVERNING LAW
This agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. To the extent allowed by applicable law, any claims or causes of action arising from or relating to your access and use of the site contemplated by this agreement must be instituted within two years from the date upon which such claim or cause arose or accrued. Further, all proceedings arising out of, in connection with, pursuant to, or incident to this agreement or through use of the service, product, or information provided through or referenced herein shall be brought exclusively in the county, state, or federal courts located in San Antonio, Bexar County, Texas. You expressly agree to submit to the exclusive personal jurisdiction of such courts and hereby appoint the Secretary of State of Texas as your agent for service of process. You
expressly waive any claim of lack of jurisdiction or improper venue in any legal proceeding arising out of, in connection with, pursuant to, or incident to this agreement or through use of the service, product, or information provided.
13. YEAR 2k READINESS
Information contained on Guenther’s past and present year 2000 Internet Web site pages regarding products and services offered by Guenther and its subsidiaries are “Year 2000 Readiness Disclosures” under the Year 2000 Information and Readiness Disclosure Act of 1998. This designation also applies to any information delivered through or derived from Guenther’s past and present year 2000 Internet Web site pages such as electronic and hard copy product compliance status reports, year 2000 policies and procedures, and other materials.
Information on Guenther’s year 2000 Internet Web site pages regarding non-Guenther products and services are “Republications” under the Act based on information supplied by other companies about the products and services they offer. Guenther has not independently verified the content of these Republications and takes no responsibility for the accuracy or completeness of information contained in such Republications.
Guenther’s year 2000 Internet Web site pages and reproductions there of have been and will continue to be Guenther’s primary mechanism for communicating year 2000 information.
14. U.S. GOVERNMENT RESTRICTED RIGHTS
The materials on this Web site are provided with “RESTRICTED RIGHTS.” Use, duplication or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Guenther’s proprietary rights in them.
15. NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGEMENT CLAIM
Guenther, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. Guenther accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), Guenther has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Guenther’s designated agent to receive notification of claimed infringement is:
Thomas A. McRae
Senior Vice President, General Counsel
2201 Broadway St.
San Antonio, TX 78215
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right, should be sent to our designated agent, listed above, and must include the following information:
A. A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
B. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Similarly for other types of infringing materials, a list of such materials.
C. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
D. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or electronic mail address.
E. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law.
F. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.
16. INTEGRATION AND SEVERABILITY
This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter relating to the subject matter herein and shall not be modified except in writing, signed by both parties. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
You may not assign any of your rights, obligations or privileges hereunder without the prior written consent of Guenther. Any assignment other than as provided for in this Section shall be null and void, ab initio.
Guenther enforces its intellectual property rights to the fullest extent of the law. If you have questions concerning the legal notices stated above, please contact the Guenther legal department at
C. H. Guenther & Son
2201 Broadway St.
San Antonio, TX 78215
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