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PARKER-MCCRORY MFG. CO. ("PARKER-MCCRORY") TERMS OF USE Welcome to the PARKER-MCCRORY website (the "Site"). Please review these Terms of Use. By accessing or using the Site, you agree to follow and to be legally bound by these Terms of Use. 1. OWNERSHIP AND USE OF SITE MATERIALS The Site contains information, data, logos, graphics, images, and other materials (collectively, "Materials") that are owned by and are the copyrighted works of PARKER-MCCRORY. PARKER-MCCRORY also owns a copyright in the selection and arrangement of the Materials. Except as stated herein, you may not use, copy, reproduce, modify, create derivative works from, distribute, republish, download, display, post or transmit in any form or by any means, including electronic, mechanical, photocopying, recording or other means, any Materials without the prior written permission of PARKER-MCCRORY. Any unauthorized use of any Materials contained on this Site may violate rights in copyright, trademark, privacy, or publicity or communications laws and regulations. PARKER-MCCRORY hereby grants you permission to copy, print and download Materials on this Site on an occasional and irregular basis, provided that: (1) all the copyright and other proprietary notices appear on the copies, prints, and downloads; (2) their use is solely for personal, non-commercial and informational purposes and they will not be further copied or posted on any networked computer, broadcast in any media, or used for commercial gain; and (3) they are not modified in any way. 2. TRADEMARKS The trademarks and logos displayed on the Site are trademarks of PARKER-MCCRORY and may be registered in certain jurisdictions. Any unauthorized use of those trademarks may be a violation of the rights of PARKER-MCCRORY. 3. ON-LINE CONDUCT You may not use the Site for any unlawful purpose. You may not use the Site to collect personal information about users or transmit through or post on the Site any unlawful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or any racially, ethnically or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate applicable laws. You further may not use the Site to violate, plagiarize or infringe the rights of third parties including, without limitation, rights in the nature of copyright, trademark, patent, privacy or publicity or any other proprietary right. 4. TERMINATION OF ACCESS PARKER-MCCRORY may cease operating the Site or terminate your access to all or part of the Site, without notice, at any time, for any reason. 5. DISCLAIMERS RESPECTING SITE THE SITE AND MATERIALS ARE PROVIDED "AS IS," AND THE USE OF THE SITE AND MATERIALS IS AT YOUR SOLE RISK. PARKER-MCCRORY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE, THE OPERATION OF THE SITE, THE MATERIALS OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. PARKER-MCCRORY HEREBY DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTEES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. PARKER-MCCRORY DOES NOT REPRESENT OR WARRANT THAT ANY PRICING, PRODUCT OR OTHER INFORMATION ACCESSIBLE ON OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO USER AND WITHOUT UPDATING THE INFORMATION ON THE SITE. 6. LIMITATION OF LIABILITY RESPECTING SITE PARKER-MCCRORY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITE OR THE MATERIALS, INCLUDING MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR DELAYS IN OPERATION OR TRANSMISSION. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING COMPENSATORY, DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL AND CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OR INACCURACY OF DATA, AND LOSS OF REVENUE). 7. INDEMNIFICATION BY SITE USER You agree to hold PARKER-MCCRORY harmless from and indemnify it against (i) any claims by or liability to you or third parties based on or related to your on-line actions or your use of the Site or the Materials and (ii) all damages, costs and expenses relating thereto. You shall cooperate as fully as reasonably required in the defense of any claim. PARKER-MCCRORY reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of PARKER-MCCRORY.
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PRODUCT WARRANTIES; LIMITATION OF LIABILITY PARKER-MCCRORY MAKES NO EXPRESS GUARANTEES OR WARRANTIES ABOUT ANY PRODUCT SOLD BY PARKER-MCCRORY OTHER THAN AS STATED IN THE "WARRANTY" SECTION OF THE SITE. PARKER-MCCRORY DISCLAIMS ALL IMPLIED GUARANTEES, REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. PARKER-MCCRORY DOES NOT AUTHORIZE ANYONE TO MAKE A GUARANTEE, REPRESENTATION OR WARRANTY OF ANY KIND ON ITS BEHALF. You agree that neither PARKER-MCCRORY nor any affiliates, employees or other representatives of PARKER-MCCRORY are liable for damages arising out of or in connection with the use of ANY product in excess of the price you paid for the product. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect, PUNITIVE, SPECIAL, INCIDENTAL and consequential damages (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, loss of or damage to property and claims of third parties). Please note that disclaimers of implied PRODUCT warranties and limitations on liability may be unenforceable in particular jurisdictions. 9. CHANGES TO SITE OR TERMS OF USE PARKER-MCCRORY may make improvements or changes to the Site or to the products, services, programs and prices described on this Site at any time without notice. PARKER-MCCRORY may revise these Terms of Use at any time, without prior notice, by posting the revision or the revised Terms of Use on the Site; any revision is effective upon your accessing this Site. 10. LOCAL LAWS; EXPORT CONTROL PARKER-MCCRORY makes no representation that the Site or the Materials are appropriate or available for use outside the U.S. If you use this Site from locations outside the USA, you are responsible for compliance with U.S. and foreign export and import laws and regulations and all applicable local laws. All marketing or promotional materials found on this Site are directed solely to individuals and entities located in the U.S. 11. SUBMISSIONS All comments, questions, feedback, information or other materials you submit to PARKER-MCCRORY through or in connection with this Site ("Submissions") shall be considered non-confidential and PARKER-MCCRORY’s property. PARKER-MCCRORY shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you, not PARKER-MCCRORY, have full responsibility for the Submissions, including their accuracy, legality, reliability, appropriateness, originality and copyright. 12. RIGHTS AND REMEDIES OF PARKER-MCCRORY You agree that PARKER-MCCRORY shall have all rights and remedies provided under these Terms of Use and under applicable law. 13. GOVERNING LAW; CHOICE OF FORUM These Terms of Use, the use of the Site, and all exchanges of information and other transactions conducted through the Site or with PARKER-MCCRORY will be governed by and construed and enforced under the laws of the State of Missouri (excluding that state's conflict of laws rules). These Terms of Use represent the entire understanding relating to the use of the Site and prevail over any prior, contemporaneous, conflicting, or additional communications. The exclusive jurisdiction and venue for any legal proceedings relating to these Terms of Use or to the Site or transactions or activity conducted on or relating to the Site will be the appropriate state or federal courts in Jackson County, Missouri; you consent to such jurisdiction and waive all objections to such courts based on jurisdiction, venue, or inconvenience of the forum. 14. SEVERABILITY The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. 15. LEGAL CONTACT INFORMATION If you have any questions about these Terms of Use, please contact PARKER-MCCRORY by writing the President, Parker-McCrory Mfg. Co., 2000 Forest Avenue, Kansas City, Missouri 64108. ©Copyright 2005 Parker-McCrory Mfg. Co. All rights reserved.
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