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
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