FOR THE KAOLIN.COM WEB SITE
IMPORTANT! READ THIS ENTIRE AGREEMENT CAREFULLY.
THESE ARE THE GENERAL TERMS AND CONDITIONS GOVERNING YOUR USE
OF OUR WEB SITE AND OUR SERVICES.
The "China Clay Producers Association", "we",
"our", "us") provides this Web site and the
materials located at and under the domain name China Clay Producers
Association.com (collectively, this "Site") and any
China Clay Producers Association services offered on this Site
(which collectively with this Site are referred to as the "Services")
to you, the user, subject to compliance with these terms and conditions
below relating to this Site and the Services (collectively, this
"Agreement").
1. USE OF WEB SITE
China Clay Producers Association provides the Services for users
of this Site to provide information and relating to insurance
products offered by China Clay Producers Association and its affiliates.
As a condition to your use of this Site and the Services you agree
that you will not: (i) use this Site or the Services to infringe
the intellectual property rights of others in any way; (ii) use
this Site or the Services or make any attempt to penetrate, modify
or manipulate this Site or the Services or any of China Clay Producers
Association's hardware or software in order to: invade the privacy
of, obtain the identity of, or obtain any personal information
about (including but not limited to IP addresses of) any China
Clay Producers Association account holder or user, or modify,
erase or damage any information contained on the computer of any
user connected to the Services; or (iii) reverse engineer any
portion of the Services.
The information contained on this Site is provided solely for
general informational purposes and is not intended to be a solicitation
or an offer to sell in connection with any product or service,
nor is the information a complete description of all terms, conditions
and exclusions applicable to the products and services described.
China Clay Producers Association is not engaged in rendering legal
or any other advice. You are not a client of China Clay Producers
Association merely by visiting this Site.
The information contained on this Site was believed to be accurate
at the time it was posted. China Clay Producers Association periodically
updates the information on this Web site; however, China Clay
Producers Association provides all information on this Site on
an "as is" and "as available" basis and takes
no responsibility for the timeliness, accuracy or applicability
of the information at the time it may be accessed.
Links on this Site may provide access to other Internet sites
that are not maintained or controlled by China Clay Producers
Association. Such external Internet addresses contain information
created, published, maintained or otherwise posted by organizations
and entities independent of China Clay Producers Association.
China Clay Producers Association is not responsible for the content
of those sites. Links on this Site may also provide access to
other entities affiliated with China Clay Producers Association.
This Agreement applies only to the Services offered at the China
Clay Producers Association Site. Your use of any Web site not
under the domain name China Clay Producers Association.com will
be subject to the terms and conditions posted on that Web site.
China Clay Producers Association takes no responsibility and assumes
no liability for any content posted by any third party or on any
third party Web site, nor does China Clay Producers Association
approve, endorse or certify information available at any external
site or linked addresses.
2. COPYRIGHTS AND TRADEMARKS
All content included on this Site, such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software, the compilation of all content on this Site, and
all software used on this Site are the property of China Clay
Producers Association, its affiliates or its content suppliers,
and are protected by United States and international copyright
laws. Trademarks owned by China Clay Producers Association or
its affiliates, the China Clay Producers Association logo, and
all other trademarks, service marks, and trade names (collectively,
"Marks") of China Clay Producers Association or its
affiliates appearing on this Site are owned by China Clay Producers
Association, its affiliates or its licensor(s). Nothing in this
Agreement or on the Site grants you any right or license to make
any use of any materials or Marks on this Site other than as described
in following paragraph.
You are only authorized to visit, view and retain a single copy
of pages of this Site solely for your own individual, noncommercial
use, and that you will not duplicate, download, publish, modify
or otherwise distribute any material on this Site for any purpose
other than your own individual, noncommercial use unless otherwise
specifically authorized by China Clay Producers Association. We
post legal notices and various credits on pages of this Site and
the Services, which you may not remove even from your permitted
copy.
3. PROHIBITED ACTIVITIES ON THE SITE
It is a condition of your use of the Services and this Site that
you do not restrict or inhibit any other user from using and enjoying
the Services or any China Clay Producers Association property
or system, or use this Site or any of the Services to:
Engage in or encourage fraudulent conduct or conduct that would
constitute any other criminal offense or give rise to civil liability;
Distribute in any manner any harmful, obscene or otherwise illegal
or objectionable material of any kind;
Spoof or otherwise impersonate any individual or entity, or forge,
delete or alter any part of TCP/IP packet header information in
any e-mail or other posting;
Violate or attempt to violate, the security of the Services;
Infringe on any person's copyright or other intellectual property
rights (be advised that you may be ordered by a court to pay money
damages to the rightful owner of any intellectual property rights
you violate); or
Assist or permit any persons in engaging in any of the activities
described above.
4. CONSEQUENCES OF UNACCEPTABLE USE
We reserve all rights, including without limitation the right
to investigate and to involve and cooperate with law enforcement
authorities, and to pursue a civil lawsuit or criminal prosecution
for any alleged or actual illegal activities involving this Site
or any of the Services, as well as the right to terminate your
access to the Site or the Services.
5. INFORMATION YOU SUBMIT
We use the information you submit to us by e-mail and through
our "Contact China Clay Producers Association" pages
and other pages we may add from time to time, to respond to your
inquiries for information or requests for Services. Our use of
any information you submit to us in order to use the Services
is subject to the terms and conditions of our Privacy Statement,
which forms a part of this Agreement. Nonetheless, China Clay
Producers Association reserves the right at all times to disclose
any information as necessary to satisfy any law, regulation or
governmental request or avoid liability.
When you complete forms online or otherwise provide us information
in connection with the Site and Services, you agree to provide
current, complete, true and accurate information. You agree not
to use a false or misleading name or a name that you are not authorized
to use. If China Clay Producers Association in its sole discretion
believes that any such information is untrue, inaccurate, not
current or incomplete, China Clay Producers Association may refuse
you access to our Services, and pursue any appropriate legal remedies.
The Site may use "cookies" to store some personal preferences
for your future visits to the Site. Cookies tell China Clay Producers
Association, among other things, whether you have visited the
Site before. In some cases China Clay Producers Association may
store the information needed to grant you access in a cookie.
Cookies allow the Site to recognize you more quickly so your time
spent on the Site is more productive.
6. WARRANTY DISCLAIMER
YOU ACCESS AND USE THIS SITE AND ANY OF THE SERVICES OFFERED ON
THIS SITE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES
OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION
OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM,
TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, OR
SYSTEM INTEGRATION. COMPANY DOES NOT WARRANT THAT THE SITE AND
ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED
OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
China Clay Producers Association DOES NOT WARRANT THAT INFORMATION
AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE, ACCURATE OR AVAILABLE
FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING IT FROM
JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
Some jurisdictions do not allow exclusion of certain implied warranties,
so the above exclusions may not apply to you.
7. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES,
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE
FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD
TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE
LIABILITY OF COMPANY FOR ANY REASON AND UPON ANY CAUSE OF ACTION
(INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND
OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY
RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED
TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY
DOLLARS ($250).
THE LIMITATION OF LIABILITY HEREIN APPLIES TO ALL LIABILITIES
IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM YOUR USE OR YOUR INABILITY TO USE THE SITE OR ANY OTHER PART
OF THE SERVICES, OR ANY OTHER MATTER ARISING FROM OR RELATING
TO THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE A COMPANY DOING BUSINESS IN CALIFORNIA, USER HEREBY
WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor."
8. INDEMNITY
You agree to indemnify and hold China Clay Producers Association
and its affiliates harmless, and, at China Clay Producers Association's
request, to defend China Clay Producers Association and its affiliates
from and against any claim, demand, cause of action, debt, loss
or liability, including reasonable attorneys' fees, to the extent
that such action is based upon, arises out of, or relates to:
(i) your use of (or inability to use) the Services; (ii) your
violation of the terms and conditions of this Agreement; (iii)
the infringement by you, or any other person using your password
and account, of any right of any person or entity; or (iv) any
other activities of yours accomplished using the Services. This
indemnity shall be in addition to and not limited by any other
indemnity.
9. ORDER OF PRECEDENCE
This Agreement governs your use of the Site and access to the
Services. To the extent that any provision of this Agreement,
or any supplemental agreement offered as any part of any registration
for additional Services on this Site, conflicts with any provision
of other agreements between you and China Clay Producers Association
or any of its related or affiliated entities, the terms of this
agreement, shall, as to the specific subject matter of this agreement,
take precedence over the conflicting term(s) of that other Agreement.
10. APPLICABLE LAWS
This China Clay Producers Association Web site is controlled by
China Clay Producers Association from its offices within the State
of Illinois and, subject to Section 9 above, the substantive laws
of the State of Illinois will govern any dispute arising under
this Agreement, without regard to any conflict of laws provisions.
11. DISPUTE RESOLUTION
If a dispute arises out of or relates to this Agreement or its
breach (with the exception of rights to injunctive relief with
respect to Intellectual Property Rights and obligations with respect
to confidentiality), and the parties have not been successful
in resolving the dispute through direct negotiation, then (i)
the dispute shall be resolved by arbitration administered by the
American Arbitration Association under its Commercial Arbitration
Rules, (ii) any judgment on the award rendered by the arbitrator(s)
may be entered in any court of competent jurisdiction, (iii) the
location of the arbitration shall be Chicago, Illinois, USA, and
(iv) the parties shall have the right to take discovery of the
other party by any method allowed by the Federal Rules of Civil
Procedure. The arbitrator(s) shall each be a natural person who
has never been employed (either as an employee or as an independent
consultant) by either of the parties, or any parent, subsidiary
or affiliate thereof. The arbitrator(s) may upon request exclude
from in the arbitration proceeding any evidence not made available
to the other party pursuant to a proper discovery request. The
arbitrator(s) shall issue a reasoned award. The cost of the arbitration
shall be borne equally by the parties pending the award. Upon
the decision of the arbitrator(s), the prevailing party shall
be entitled to receive from the other party its reasonable attorneys'
fees and costs. The parties, their representatives, other participants,
the arbitrator(s) and the administrator(s) of the arbitration
shall hold in confidence the existence, content and outcome of
the arbitration.
12. GENERAL
China Clay Producers Association may amend these Terms of Service
or any other notices, policies, terms and conditions on this Site
at any time by updating this posting or otherwise posting the
changes to this Site. Accordingly, you should visit this Site
from time to time to review the then-current and effective terms
and conditions because they are binding on you. Certain provisions
of these terms and conditions may be superseded by expressly designated
legal notices or terms located on particular pages at this Site
or in conjunction with the Services. No delay or failure to take
action under such terms and conditions will constitute a waiver
by China Clay Producers Association unless expressly waived in
writing by a duly authorized officer of China Clay Producers Association.
Subject to the terms of Section 9 of this Agreement for this Site,
this Agreement constitutes the entire agreement between you and
China Clay Producers Association with respect to the specific
subject matter addressed herein, and governs your use of the Services,
superseding any prior agreements between you and China Clay Producers
Association relating to such subject matter, but this Agreement
may be supplemented by any other agreement you enter into with
China Clay Producers Association pursuant to a registration to
access certain features of the Site. If any provision of this
Agreement is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected
in the provision, and that the other provisions of this Agreement
remain in full force and effect. The section headings used in
this Agreement are for convenience only and have no legal or contractual
effect.
Without limiting the foregoing, China Clay Producers Association's
Services at the Site are not intended for use by or availability
to minors. IF YOU ARE NOT LEGALLY AN ADULT UNDER THE LAW WHERE
YOU LIVE OR IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT ACCESS
THE SITE OR USE THE SERVICES. IF SO, PLEASE IMMEDIATELY DISCONTINUE
USE OF THE SERVICES AND DO NOT ACCESS THE SITE.
BY USING OR ACCESSING THIS SITE OR THE SERVICES, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY
THESE TERMS OF SERVICE.
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