Caremoli USA, Inc. Website Terms of Use

These Terms of Use were last updated on February 4, 2011

These Website Terms of Use set forth the standards of use of and access to the website operated by Caremoli USA, Inc. (“Caremoli”) and the products, services, and opportunities provided by Caremoli USA (collectively, the “Service”) at www.caremoligroup.com (the “Site”). By accessing and using the Site you agree to these Terms of Use. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, revise, or update these Terms of Use without prior notice. All revisions and modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site and/or the Service after any such revisions or modifications are made constitutes your acknowledgement and acceptance of these Terms of Use and any revisions or modifications made hereto.

  1. Use of Site

    You may use the Service, the Site, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Site (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Caremoli USA products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Caremoli USA reserves complete title and full intellectual property rights in all Content. Except as expressly authorized by this Agreement, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Site or the Service, except as expressly permitted by these Terms of Use.

    You must provide (a) all equipment necessary for your own internet connection, including computer and modem and (b) provide for your access to the Internet, and (c) pay any fees relate with such connection.

  2. License

    Caremoli USA grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to use and access the Site, provided that you do not (i) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, (ii) modify or attempt to modify the Site in any manner or form, or (iii) violate any term in these Terms of Use. Violation of any of the foregoing conditions shall be adequate grounds for Caremoli USA to suspend your usage of the Site in its sole discretion.

  3. Disclaimer of Warranties

    THE SITE AND SERVICE ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS AND THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CAREMOLI USA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE OR THE SITE OR THE SERVICE OR ANY INFORMATION OR CONTENT APPEARING THEREIN IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, WHETHER PROVIDED BY CAREMOLI USA OR A THIRD PARTY. CAREMOLI USA SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. CAREMOLI USA DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, IN SUCH JURISDICTIONS THE ABOVE-REFERENCED EXCLUSION MAY BE INAPPLICABLE.

    CAREMOLI USA DOES NOT WARRANT THAT THE SITE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. CAREMOLI USA AND ITS AFFILIATES TAKE REASONABLE MEASURES TO ENSURE THAT ANY INFORMATION PROVIDED BY YOU TO THE SITE OR THE SERVICE IS DISCLOSED ONLY AS SPECIFIED BY YOU. CAREMOLI USA CANNOT AND DOES NOT, HOWEVER, GUARANTEE THAT THE PERSONAL INFORMATION ENTERED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. YOU AGREE NOT TO HOLD CAREMOLI USA OR ANY OF ITS AFFILIATES LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH MISAPPROPRIATION, INTERCEPTION, DELETION, DESTRUCTION OR USE OF INFORMATION PROVIDED BY YOU THROUGH THE SITE. CAREMOLI USA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE.

  4. Limitation of Liability

    CAREMOLI USA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CAREMOLI USA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CAREMOLI USA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE TO YOU. IN SUCH JURISDICTIONS, CAREMOLI USA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00.

  5. Indemnification

    You agrees to indemnify defend, and hold harmless Caremoli USA, its parents, subsidiaries, affiliates and their respective directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as “The Caremoli USA Parties”), from any claim loss, expense, demand or liability (including an including reasonable attorneys’ fees and costs, made by any third party due to, in connection with or arising out of (i) your use of the Site or the Service, (ii) any violation by of these Terms of Use, (ii) any infringement by you or any other user of the Site or the Service using your computer, of any intellectual property or any other right of any person or entity. You further agree that you will cooperate as reasonably required in the defense of such claims. The Caremoli USA Parties reserve the right, at their own expense, 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 claim or matter without the written consent of Caremoli USA.

  6. Modifications and Interruption to Service

    CAREMOLI USA RESERVES THE RIGHT TO MODIFY OR DISCONTINUE THE SITE AND/OR SERVICE WITH OR WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE AN AGREE THAT CAREMOLI USA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD CAREMOLI USA EXERCISE ITS RIGHT TO MODIFY OR DISCONTINUE THE SITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT (I) CAREMOLI USA DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICE OR THAT THE SITE WILL BE ERROR-FREE AND (II) OPERATION OF THE SITE OR THE SERVICE MAY BE INTERFERED WITH OR ADVERSELY AFFECTED BY NUMEROUS FACTORS OR CIRCUMSTANCES OUTSIDE OF OUR CONTROL.

  7. Third-Party Sites; Downloading

    The Site may include links to other sites on the internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Links from the Site to other sites do not constitute an endorsement by Caremoli USA of those sites or their content. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage you to review the privacy policies of third-parties’ sites.

    Caremoli USA cannot and does not guarantee or warrant that any files that may be available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. Any software available for download via the Site is the copyrighted work of Caremoli USA or its partners, affiliates, contributors or third parties. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with such software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.

  8. User Conduct

    You agree to use the Site only for lawful purposes. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

  9. Arbitration; Governing Law

    Any controversy or claim arising out of or relating to an alleged breach of these Terms of Use or the operation of this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Chicago, Illinois and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Caremoli USA may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Chicago, Illinois, necessary to protect the rights of property for you or Caremoli USA pending the completion of arbitration, and, with regard to such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal jurisdiction over them by these courts, and (ii) waive any jurisdictional, venue or inconvenient forum objections to such courts. These Terms of Use will be governed and construed in accordance with the laws of the State of Illinois, without giving effect to any choice of law rules. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Illinois.

  10. Compliance with Laws

    You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site or the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

  11. Copyright and Trademark Information

    All Content included or available on the Site, including site design, text, graphics, interfaces, editorial content, data, formatting, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces and other content and the selection and arrangements thereof on the Site (collectively “Proprietary Material”) is owned by Caremoli USA or its partners, affiliates, contributors or third parties. Any use of materials on the Site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Caremoli USA is strictly prohibited. You agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Caremoli USA.

    All other trademarks displayed on the Site are the property of Caremoli USA or of their respective owners. You may not copy or otherwise use any of these marks, logos or trade names without the prior written permission of the owner. In addition, any use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with Caremoli USA.

  12. Notification of Claimed Copyright Infringement

    Pursuant to Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent. Caremoli USA designates the following individual as its Designated Agent for receipt of notifications of claimed copyright infringement:

    By mail:
    Caremoli USA, Inc.
    CEO
    23959 580th Street
    Ames, Iowa
    50010 USA
    info@caremoli.com

  13. Privacy

    Caremoli USA has adopted a Privacy Policy, which may be modified by us from time to time. This Privacy Policy is accessible on the Site. The Privacy Policy shall govern any disclosure or use of your personal information. By using the Service or the Site, you do hereby represent, understand and agree that you have reviewed and agree to the terms of any such Privacy Policy currently in place.

  14. Other Terms

    Failure by Caremoli USA to enforce any provision(s) of these Terms of Use shall not be construed as a waiver of any provision or right. If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. These Terms of Use inure to the benefit of Caremoli USA, its successors and assigns, and you agree that this Terms of Use and any other agreements referenced herein may be assigned by Caremoli USA, in our sole discretion, to a third party in the event of a merger, acquisition or purchase of all or substantially all of the assets of Caremoli USA or any of its parents or affiliates. These Terms of Use (and the policies referenced herein and incorporated by reference, including but not limited to any Privacy Policy in effect from time to time) constitute the entire agreement between Caremoli USA you with respect to the subject matter hereof, and you have not relied upon any promises or representations by Caremoli USA with respect to the subject matter except as set forth herein. You agree that by accepting these Terms of Use, you are consenting to the use and disclosure of your Personal Information and other practices described in our Privacy Policy. Nothing in these Terms of Use shall be construed as making either party the partner, joint venture, agent, legal representative, employer, employee, contractor, franchiser or franchisee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.