|
This web page is a legal document (“Agreement”) between you (“the
SUBSCRIBER”) and Carotec, Inc. THis Agreement states the terms and
conditions under which you may use the CAROTEC web site. please read this
agreement carefully before accessing and using the CAROTEC web site. By
using and accessing the CAROTEC web site you indicate that you have read and
understand this Agreement and agree to be bound by this agreement. if you do
not accept this Agreement, do not access and use the CAROTEC web site.
CAROTEC may revise this agreement at any time without notice by updating
this Agreement. You should visit this web page periodically to review the
agreement.
TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) are made as of the
Effective Date by and between CAROTEC, Inc. a corporation authorized to do
business in the State of Florida, (“Corporation”) and the Subscriber, as
defined hereunder.
WITNESSETH
WHEREAS, Corporation has developed and owns that certain
CAROTEC (as defined hereinafter) for use and access by Subscriber via the
Internet; and
WHEREAS, Subscriber desires to access and use the CAROTEC
WEB SITE in accordance with the terms and provisions of this Agreement;
NOW, THEREFORE, in consideration of the mutual benefits of
the covenants and restrictions herein contained, Subscriber and Corporation
hereby agree as follows:
ARTICLE I: RECITALS AND DEFINITIONS
Section 1.01 -- Recitals: The above recitals and identification of parties
are true and correct.
Section 1.02 -- Definitions: The following definitions shall apply:
(1) Access: The term “access” and variants thereof
(including, without limitation, “accessing” and “accessible”) shall mean to
store data in, retrieve data from or otherwise approach, display, reproduce,
frame, establish a Link to, or make use of (directly or indirectly) through
electronic means or otherwise.
(2) [Name of Website]: The term “CAROTEC” shall mean that
certain Web Site referred to as the CAROTEC WEB SITE, which is located on
the Internet at WWW.CAROTEC.COM, including any and all Corporation
Technology used, incorporated, stored or accessible therein, as implemented
on the Corporation System and made accessible to Subscriber through the
Internet using the Password.
(3) Effective Date: The term “Effective Date” shall mean
the date the Subscriber receives the Password from Corporation or accesses
Carotec.com, whichever occurs first.
(4) Corporation Marks: The term “Corporation Marks” shall
mean trademarks, trade names, service marks and trade dress of Corporation
and parent companies, subsidiaries and affiliates of Corporation, including,
without limitation, the Carotec and all marks owned by Carotec.
(5) Corporation System: The term “Corporation System” shall
mean computer systems and communication equipment used for hosting the
Carotec web site and providing Subscriber access to the Carotec.com.
(6) Corporation Technology: The term “Corporation
Technology” shall mean any and all Technology developed by or for
Corporation.
(7) Internet: The term “Internet” shall mean that certain
global network of computers commonly referred to as the Internet, including
(without limitation) the world wide web.
(8) Licensed Content: The term “Licensed Content” shall
mean third party Technology incorporated in whole or part into the Carotec
Web Site.
(9) Link: The term “Link” shall mean text, icons, graphic
symbols that upon selection or activation, link or associate to, execute,
access or retrieve an off-screen Web Site or Technology.
(10) Password: The term “Password” shall mean that certain
password and SUBSCRIBER name assigned by Corporation to Subscriber for
accessing the Carotec Web Site as may be modified from time to time as
provided hereunder.
(11) Policy Statement: The term “Policy Statement” shall mean
those certain written statements of policies (in printed or electronic form)
concerning access to the Carotec Web Site as may be adopted by Corporation
and as modified by Corporation from time-to-time.
(12) Restatements: The term “Restatements” shall mean Section 757
of the Restatement of Torts, Section 39 of the Restatement (Third) of Unfair
Competition, Section 1 of the Uniform Trade Secrets Act and 18 U.S.C. §1839.
(13) Subscriber: The term “Subscriber” shall mean the individual or
entity assigned the password used to access the Carotec Web Site.
(14) Technology: The term “Technology” shall mean information,
data, ideas, works of authorship, computer software, source code, object
code, executable code, software libraries, documentation, databases,
database designs, data dictionaries, data models, fields, records, scripts,
texts, interfaces, interface designs, screen displays, Web Sites, web pages,
Links, visual works, graphic images, audio, video, compilations, formulas,
methodologies, techniques, processes, procedures, adaptations, derivative
works, computers, hardware, peripherals, components, networks, product
lists, supplier lists and customer lists.
(15) Term: The term “Term” shall mean a period of time starting on
the Effective Date and ending on the date either party cancels the Password
as provided hereunder.
(16) Unauthorized Access: The term “Unauthorized Access” shall mean
any access to Carotec.com except for access during the Term for the
exclusive purpose of viewing, browsing, retrieving, uploading and posting
information on and ordering products or memberships through the Carotec Web
Site using the Password on behalf of Subscriber in accordance with this
Agreement.
(17) Unauthorized User: The term “Unauthorized User” shall mean any
individual who accesses the Carotec Web Site except for Subscriber and
employees and agents of Subscriber
|
