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1. General
1.1 This Website Service
(the "Service") is provided by Crane Co. and its
affiliated business units ("Crane") and is to be
used for information purposes only. The following agreement
governs your use of the Service, including any interactive
areas (the "Interactive Areas"). Additional terms
and conditions of use applicable to specific areas of the
Service may also be posted in such areas and, together with
this agreement (the "Agreement"), govern your use
of those areas.
1.2 Crane reserves the right, in its discretion, to change
or modify all or any part of this Agreement at any time, effective
immediately upon notice published on the Service. Your continued
use of the Service constitutes your binding acceptance of
these terms and conditions, including any changes or modifications
made by Crane as permitted above. If at any time the terms
and conditions of this Agreement are no longer acceptable
to you, you should immediately cease all use of the Service.
2. Use of Content - Copyright, etc.
2.1 You acknowledge that
the Service contains information, software, photographs, graphics,
links and other material (collectively, the "Content")
that are protected by copyright, trademark or other proprietary
rights of Crane or third parties. All Content on the Service
is copyrighted as a collective work of Crane pursuant to applicable
copyright law. You agree to comply with any additional copyright
notices, information, or restrictions contained in any Content
available on or accessed through the Service. Users of the
Service may use the Content only for their personal, noncommercial
use.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the Content, in whole
or in part, except as expressly permitted in this Agreement.
Content consisting of downloadable software may not be reverse
engineered unless specifically authorized by the owner of
the software's patent and/or copyright. You may post on the
Service only Content owned by you, or for which you have received
express permission from the owner, or Content in the public
domain. You assume all risk and responsibility for determining
whether any Content is in the public domain.
2.3 You may download or copy the Content only for your own
personal use, provided that you maintain all copyright and
other notices contained in such Content. You shall not store
electronically any significant portion of any Content. Except
as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any Content is permitted
without the express permission of Crane or the owners of such
Content or their authorized persons, if other than Crane.
2.4 Crane does not want you to, and you should not, send any
confidential or proprietary information to Crane via the Service.
You agree that any information or materials that you or individuals
acting on your behalf provide to Crane will not be considered
confidential or proprietary. By providing any such information
or materials to Crane, you grant to Crane an unrestricted,
irrevocable, worldwide, royalty-free license to use, reproduce,
display, publicly perform, transmit and distribute such information
and materials, and you further agree that Crane is free to
use any ideas, concepts or know-how that you or individuals
acting on your behalf provide to Crane.
3. Rules of Conduct
You shall not post on
the Service any Content which (a) is libelous, defamatory,
obscene, pornographic, abusive, harassing or threatening,
(b) contains viruses or other contaminating or destructive
features, (c) violates the rights of others, such as Content
which infringes any copyright, trademark, patent, trade secret
or violates any right of privacy or publicity, or (d) otherwise
violates any applicable law. You may not post on the Service
any links to any external Internet sites that are obscene
or pornographic. You shall not use the Service for any commercial
purpose, to distribute any advertising or solicitation of
funds or goods and services or to solicit users to purchase
products or services competitive with products or services
sold by Crane.
4. Managing Content
Crane does not and cannot
review the Content posted by users on the Service and is not
responsible for such Content. However, Crane reserves the
right to delete, move or edit any Content (including Content
posted in any Interactive Area) that it may determine, in
its sole discretion, violates this Agreement or is otherwise
unacceptable. You shall remain solely responsible for all
Content posted by you. Crane shall have the right, but not
the obligation, to correct any errors or omissions in any
Content, as it may determine in its sole discretion.
5. No Endorsement - Link Sites
5.1 Crane does not represent
or endorse the accuracy or reliability of any Content posted
on any Interactive Area and you acknowledge that any reliance
upon such Content shall be at your sole risk. Any Content placed
on any Interactive Area by users are the views of the user posting
the statement, and do not represent the views of Crane.
5.2 The Service may contain links to sites on the Internet which
are owned and operated by third parties (the "Link Sites").
You acknowledge that Crane is not responsible for the availability
of, or the content located on or through, any Link Site. You
should contact the site administrator or Webmaster for those
Link Sites if you have any concerns regarding such links or
the content located on such Link Sites.
6. Indemnity
You agree to indemnify, defend
and hold Crane and its affiliated business units, and their
respective officers, directors, owners, agents, information
providers and licensors (collectively, the "Crane Parties")
harmless from and against any and all claims, liability, losses,
costs and expenses (including attorneys' fees) incurred by any
Crane Party in connection with any use or alleged use of the
Service under your password by any person, whether or not authorized
by you. Crane reserves the right, at its own expense, to assume
the exclusive defense and control of any matter otherwise subject
to indemnification by you, and in such case, you agree to cooperate
with Crane's defense of such claim.
7. Modification or Termination of Service
Crane reserves the right,
in its sole discretion, to restrict, suspend or terminate your
access to all or any part of the Service, including the Interactive
Areas, at any time for any reason without prior notice or liability.
Crane may change, modify, suspend or discontinue all or any
aspect of the Service at any time, including the availability
of any feature, database, or Content (including the Interactive
Areas), without prior notice or liability.
8. Disclaimer of Warranties; Limitation of Liability
8.1 NEITHER CRANE NOR ANY
PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
CRANE, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM
USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT
ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NONE OF CRANE, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE
AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
WITH RESPECT TO THE SERVICE, OR ANY CONTENT OR ANY PRODUCTS
OR SERVICES SOLD THROUGH THE SERVICE. NEITHER CRANE NOR ANY
THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE
FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES
OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. CRANE ASSUMES
NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM
AS A RESULT OF USE OF THE SERVICE OR THE CONTENT. YOU EXPRESSLY
AGREE THAT THE ENTIRE RISK AS TO THE USE, QUALITY AND PERFORMANCE
OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT
IS ASSUMED SOLELY BY YOU.
8.2 CERTAIN CRANE BUSINESS UNITS AND THEIR INTERNET LINKS OFFER
KNOWN FORMULAS AND CONFIGURATIONS OR THE LIKE (SOMETIMES CALLED
"TOOLS") AS PART OF THE SERVICE ON THEIR WEBSITES
TO PROVIDE USERS THE CONVENIENCE OF REACHING A PRELIMINARY DETERMINATION
ON THE SIZE, SHAPE OR FUNCTION OF A PRODUCT OR SERVICE WHICH
IS OFFERED. THE ACCURACY OF THE RESULTS OF USING A TOOL IS DEPENDENT
ON THE CORRECT INPUT OF DATA AND VALUES BY THE USER. CRANE CANNOT
BE HELD RESPONSIBLE FOR ANY DETERMINATION AS TO THE APPROPRIATENESS
OF ANY PRODUCT OR SERVICE FOR ANY PARTICULAR APPLICATION AND
THE USER ASSUMES ALL RISK AND LIABILITY FOR ANY SUCH DETERMINATION.
NEITHER CRANE NOR ANY THIRD PARTY PROVIDER OR AGENT ASSUMES
ANY LIABILITY FOR ANY PRODUCT APPLICATION OR SERVICE BASED ON
THE USE OF A TOOL.
8.3 NEITHER CRANE, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR
RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF
THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CRANE HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.4 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH STATES, THE LIABILITY OF CRANE, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. International Users
This Service is controlled,
operated and administered by Crane from its offices within the
United States of America. Crane makes no representation that
the Content on this Service is appropriate or available for
use at other locations outside of the United States and access
to it from territories where the Content is illegal, is prohibited.
You may not use the Service or export the Content in violation
of U. S. export laws and regulations. If you access this Service
from a locations outside of the United States, you are responsible
for compliance with all local laws.
10. Privacy Policies - Cookies
See the Privacy Policy on this website.
11. Miscellaneous
This Agreement constitutes
the entire agreement between Crane and you with respect to your
use of the Service. Any claim or cause of action you may have
with respect to your use of the Service must be commenced within
one (1) year after the claim or cause of action arises. If for
any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Agreement, and the remainder
of this Agreement shall continue in full force and effect.
This Agreement shall be construed in accordance with the laws
of the State of New York, and the parties irrevocably consent
to bring any action to enforce this Agreement in the federal
or state courts located in New York, NY, the Borough of Manhattan.
This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof, and supersedes
all previous written or oral agreements between the parties
with respect to such subject matter. If any inconsistency exists
between the terms of this Agreement and any additional terms
and conditions posted on the Service, such terms shall be interpreted
as to eliminate any inconsistency, if possible, and otherwise,
the additional terms and conditions shall control. Sections
2, 6, 8, 9, 10 and 11 shall survive any termination of this
Agreement as well as any other provisions which by their terms
or sense are intended to survive.
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