TERMS OF SERVICE USE


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.

 

Disclaimer | Terms of Use | Privacy Statement | Copyright 2007