Last updated on June 9, 2021
When we refer to “we,” “us,” or “our,” we mean C. Cretors & Co., as applicable, or the specific division, subsidiary, or affiliate that operates the Site, provides its content, or processes information received through it, each as appropriate and applicable.
When we refer to “you” or “your,” we mean the person accessing the Site. If the person accessing the Site acts on behalf of, or for the purposes of, another person, including a business or other organization, “you” or “your” also means that other person, including a business organization.
C. Cretors & Co. values your interest in our products and services and makes this Site available subject to the following terms and conditions and all applicable laws. By accessing, browsing or otherwise using (collectively, “using” and other forms of the term “use”) this Site, you acknowledge that you, the individual user of this Site, have read, understood and agree to be legally bound by these Terms, which contain contractual restrictions on your rights to use this Site, restrictions on rights you can enforce against C. Cretors & Co., limitations of C. Cretors & Co. liability, warranty disclaimers, and termination provisions, and to comply with all applicable laws and regulations, without limitation or qualification. By using this Site, you further acknowledge that you have the authority and do hereby legally bind the business, organization or entity, if any, to which you serve as an agent, independent contractor or employee thereof to the same Terms, without limitation or qualification. These Terms shall take effect immediately on your first use of the Site. If you do not agree to the Terms, you are not authorized to access, browse or otherwise use this Site.
C. Cretors & Co. may, from time to time, introduce new features to this Site, or modify or delete existing features, in its sole discretion. C. Cretors & Co. shall notify you of any of these changes to features to the extent C. Cretors & Co. is require by law to do so. By using any new or modified features when they become available, you agree to be bound by these Terms concerning such features.
C. Cretors & Co. may modify or terminate this Site or any of its Sites or your right to access and use this Site or any of its Sites, in whole or in part, without cause or notice, at any time and effective immediately, in its sole discretion. In the event of any such termination, the restrictions on your use of the material on this Site shall survive such termination, and you agree to be bound by those terms.
You acknowledge and agree that any information, comments, documents, images or general content you enter in or post on the Sites may be viewed by any other users with access to the Sites and therefore will not be considered confidential by you. By providing any such information, comments, documents, images or general content to C. Cretors & Co., you grant to C. Cretors & Co. an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information, comments, documents, images or general content on the Sites. You further agree that C. Cretors & Co. is free to use any ideas, concepts or know-how that you, or individuals acting on your behalf, provide to C. Cretors & Co. You hereby agree that any comments, feedback or recommendations of you for the improvement or modification of the Sites or the products or services advertised herein shall be the sole property of C. Cretors & Co.
The obligations and liabilities you incurred prior to the termination date shall survive the termination of these Terms for all purposes. In the event of any such termination, the restrictions on your use of the material on the Sites shall survive such termination, and you agree to be bound by those terms. YOU ACKNOWLEDGE AND AGREE THAT C. CRETORS & CO. SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF ANY SITE OR ANY PRODUCTS, SERVICES OR INFORMATION PROVIDED ON THE SITES OR ACCESSED BY YOU THROUGH THE SITES.
Any access or attempted access of other areas of C. Cretors & Co.’s computer systems, third-party systems, and products and services that C. Cretors & Co. utilizes or other information contained therein for any purpose is strictly prohibited. You agree not to interfere in any way with others’ use of or access to any Sites. C. Cretors & Co. reserves the right to report any activity that it reasonably suspects violates any law or regulation and to disclose any information to law enforcement officials or regulators or other appropriate third parties.
You shall not use or introduce into the Sites any device, software or routine that could damage or interfere with the operation of the Sites. You shall not directly or indirectly take any action to interfere with the operation of the Sites or engage in any unlawful or infringing activity in connection with your use of the Sites, including by way of example and not limitation, using any scraper, robot, spider, or other automated mechanism to access the Sites or download material off of the Sites.
You covenant and warrant to C. Cretors & Co. that you will not attempt to gain unauthorized access to any computer systems or networks connected to any C. Cretors & Co. server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by C. Cretors & Co. When using the Sites you agree not to pretend to be someone else or spoof their identity.
Use of the Site
As a user of the Sites, you have a non-exclusive, non-transferable, limited, revocable license to use the Sites solely for your personal use. Use of the Sites is limited to legitimate purposes and you may not use the Sites for any other purpose whatsoever. Without limiting the previous sentence, you may not reproduce, modify, distribute, transmit, display, perform, reproduce, transfer, sell or publish any of the contents of the Sites without the prior written consent of C. Cretors & Co., which may be withheld, conditioned or delayed in its sole discretion, except that you may print out a copy of the content solely for your personal use. In doing so, you will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name or service mark or any other proprietary notice or legend appearing on any of the content. You are prohibited from including links from other websites to the Sites without the prior written consent of C. Cretors & Co., which may be withheld, conditioned or delayed in its sole and absolute discretion.
The foregoing license is subject to these Terms and does not include the right to use any data mining, robots or similar data gathering or extraction methods. This license is revocable at any time without notice and with or without cause. You may not and you may not permit others to copy, distribute, perform or display publicly, prepare derivative works based on, broadcast, exploit or use any part of the content on the Sites except as expressly provided in these Terms without our prior written permission. Nothing in these Terms shall be construed as transferring any right, title or interest in the Sites or its content to you or anyone else, except the limited license to use the Site on the terms expressly set forth herein.
Third Party Content
Some of the information, articles and other materials available through the Sites may be provided to C. Cretors & Co. by third parties. Wherever practical, in our opinion, the source of these third-party materials is identified. These third-party materials are provided for your interest and convenience only. C. Cretors & Co. does not endorse these materials or the vendors who supply them to us, nor does C. Cretors & Co. warrant or represent that these materials are current, accurate, complete or reliable.
Links to Third-Party Websites
In order to access certain restricted portions of the Sites, you may be required to register with C. Cretors & Co. by completing a form found here (“Registration Form”). C. Cretors & Co. may accept or reject any request for registration in its sole discretion. You represent and warrant that the information provided when registering is accurate, complete and current as of the date submitted and that you will update such information from time to time as necessary. These Terms shall be incorporated into, and form an integral part of, each Registration Form. As part of the registration process, you will select a user name based on your e-mail (“User Name”) and a password (“Password”). Your User Name and Password are your credentials to access the restricted portions of this Site. You may not have a User Name that is vulgar, attempts to impersonate another person or violates the rights of others. C. Cretors & Co. may also reject any User Name that C. Cretors & Co. determines in its discretion is unacceptable for use on the Sites. Although you are not required to register, if you do not register, you may be required to accept these Terms each time you wish to access the Sites or place an order.
You are solely responsible for all use of the Sites under your User Name and Password and for maintaining the confidentiality of your User Name and Password, and you will (i) promptly notify C. Cretors & Co. of any actual or suspected unauthorized use of the Sites and (ii) ensure that you exit from your account at the end of each session. If you disclose or otherwise allow discovery of your User Name and/or Passwords to or by any person(s) or entity, you assume all risks and losses associated with such disclosure. Please note that C. Cretors & Co. allows you to retrieve your Password only through email verification. When you click the “Forgot Password” or similar link and enter your registered email address, you will receive an email containing a link and a code. You can click on the link, enter the code and enter your new password. If you do not have access to your registered e-mail address, or the email address you are using is invalid, you will need to contact C. Cretors & Co. or your administrator to reset the password manually.
INTELLECTUAL PROPERTY AND RESTRICTIONS ON USE OF INFORMATION AND CONTENT
As between you and C. Cretors & Co. all pages and screens on the Sites and the information and content provided on this Site, whether explicitly marked or not, are owned and controlled as the exclusive property of C. Cretors & Co., its subsidiaries, affiliated companies or joint partners, or others, and are protected by and subject to U.S. and international copyright and unfair competition laws. The copyrighted materials on the Site includes, but is not limited to, text, design, graphics, source code, object code, image, video, audio, animation, software, their related files and their arrangement on the Site. You are authorized to view the information available on the Site for your personal informational purposes only. You may download copyrighted materials for your personal purposes only. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
All trademarks, service marks, logos, model and brand names, emblems and protectable trade dress elements (collectively, “Marks”), whether explicitly marked or not, used on this Site are owned by C. Cretors & Co., its subsidiaries, affiliated companies or joint partners, or used under license, and are subject to U.S. (federal and state) and international trademark and unfair competition laws.
You may not copy, display, reproduce, download, upload, post, broadcast, transmit, distribute, publish, republish, link to, transfer, license, frame, alter, create derivative works, use, modify of or otherwise use any information, content or Marks provided on this Site in whole or in part in any form or by any means, or by any information storage or retrieval system for any commercial use without the express written permission of C. Cretors & Co. Any other use of any information, content or Marks, except as specifically permitted in these Terms or in a written instrument signed by C. Cretors & Co. is strictly prohibited.
Nothing contained in this Site shall be construed as conferring by implication, estoppel, or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of C. Cretors & Co. or any third party. You are not permitted to create a hyperlink to any page or portion of this Site or frame any page or portion of this Site without the prior written permission of C. Cretors & Co.
Any use of the information, content or Marks provided on this Site that does not comport with the above Terms shall be an unauthorized use and subject you to civil and criminal penalties as provided by applicable U.S. and international intellectual property laws.
NOTICE OF IMMUNITY FROM LIABILITY FOR CONFIDENTIAL DISCLOSURE OF A TRADE SECRET TO THE GOVERNMENT OR IN A COURT FILING: Notwithstanding anything herein to the contrary, under the Federal Defend Trade Secrets Act of 2016, an individual may not be held criminally or civilly liable under any Federal or state trade secret law for the disclosure of a trade secret that: (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding if the individual files any document containing the trade secret under seal and does not disclose the trade secret except pursuant to court order. Nothing herein is intended, or should be construed, to affect the immunities created by the Defend Trade Secrets Act of 2016.
TERMS SPECIFIC TO ECOMMERCE-ENABLED/INTERACTIVE SITES
The terms identified below under this section apply only to the Sites in which products or services can be purchased, including but not limited to: www.cretors.com, www.flothru.com .
TERMS AND CONDITIONS OF SALE AND USE OF PRODUCTS
All sales and use of C. Cretors & Co. products shall be controlled by the following terms and conditions regardless of anything which may appear on any purchase order or similar document submitted by buyer in connection with such sales, and regardless of any use of such goods by buyer or end user (if different from buyer) (together, “Buyer”).
Entire Agreement. Acceptance of orders, whether electronic, oral or written, is based on the express condition that Buyer agrees to all of the terms and conditions contained herein. Acceptance of delivery by Buyer will constitute Buyer's assent to these term and conditions. These terms and conditions represent the complete agreement of the parties, and no terms or conditions in any way adding to, modifying or otherwise changing the provisions stated herein shall be binding upon C. Cretors & Co. unless made in writing or in an electronic record and signed by an appropriate representative of C. Cretors & Co.
Force Majeure. C. Cretors & Co. shall not be liable for delays in shipment or default in delivery for any reason of force majeure or for any cause beyond C. Cretors & Co.'s reasonable control, C. Cretors & Co. shall have such additional time for performance as may be reasonable necessary under the circumstances. Acceptance by Buyer of any products shall constitute a waiver by Buyer of any claim for damages on account of any delay in delivery of such products.
Delivery Title/Risk of Loss. Unless otherwise agreed in a written or electronic record signed by an authorized representative of C. Cretors & Co., all delivery dates are estimates and, in no case, shall C. Cretors & Co. be liable for any expense, loss or damage whatsoever suffered by Buyer as a result of C. Cretors & Co.'s failure to deliver the goods by the specified date. Delivery of goods to carrier shall be deemed delivery to Buyer, and thereupon title to such goods and risk of loss or damage, shall be Buyer's. Any claim by Buyer against C. Cretors & Co. for shortage or damage occurring prior to such delivery must be made in writing within thirty (30) days after receipt of shipment and accompanied by original transportation bill signed by carrier nothing that carrier received goods from C. Cretors & Co. in the condition claimed. Any claim by Buyer for damage occurring during shipment shall be made directly against the freight carrier, with a copy of such claim forwarded to C. Cretors & Co. within thirty (30) days.
Limitation of Remedies. C. Cretors & Co. shall not be liable for incidental or consequential losses, damages or expenses, directly or indirectly arising from the sale, handling or use of the products, or from any other cause with respect to the products or this agreement, whether such claim is based upon breach of contract, breach of warranty, strict liability in tort, negligence or any other legal theory. C. Cretors & Co.’s liability hereunder in any case is expressly limited, at C. Cretors & Co.’s election, to repair or replacement (in the form originally shipped) of products not complying with this agreement, or to the repayment of, or crediting Buyer with, an amount equal to the purchase price of such products. Any claim by Buyer with reference to the products sold hereunder for any cause shall be deemed waived by Buyer unless submitted to C. Cretors & Co. in writing within thirty (30) days from the date Buyer discovered, or should have discovered, any claimed breach. Any action for claims arising under this agreement must be commenced within one year following delivery of the goods.
In the event Buyer modifies the product sold hereunder without the express written consent of C. Cretors & Co., or if Buyer fails to implement any changes in the product directed by C. Cretors & Co., Buyer agrees to indemnify and hold harmless C. Cretors & Co. from any and all claims, demands, actions or causes of action or costs or expenses incurred thereby whether in contract, tort, or pursuant to statute or otherwise, resulting from such modification and/or failure.
Disclaimer of Warranties. The products sold or supplied by C. Cretors & Co. shall have the warranty (if any) of the manufacturer or other supplier to C. Cretors & Co. C. Cretors & Co. makes no warranty in respect of such goods or as to the existence or effect of any warranty of such manufacturer or supplier. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Return of Products. Products cannot be returned, and orders, once accepted, cannot be canceled, without C. Cretors & Co.’s prior consent in writing or an electronic record signed by an appropriate representative of C. Cretors & Co. and a return authorization number. All returns that are permitted by C. Cretors & Co. must be accompanied by a copy of the original purchase invoice and a return merchandise authorization from C. Cretors & Co. All returns for reason other than shipping error or warranty are subject to a 15% restocking fee and must be received by C. Cretors & Co. with the original packing materials and cartons in like-new re-sellable condition. Any sales tax collected in connection with the original purchase may not be refunded in some instances and, in that event, you will need to seek a refund of such sales tax from the applicable sales tax authority in your jurisdiction.
Exclusions. All of C. Cretors & Co.’s drawings, descriptive matter, weights, dimensions, descriptions and illustrations contained in the C. Cretors & Co.’s catalogues, price lists or advertisements are approximate only and intended merely to give a general idea of the products described therein and shall not form part of this agreement.
Controlling Law/Legal Proceedings. This agreement and all rights and obligations hereunder, including matters of construction, validity and performance, shall be governed by the internal laws of the State of Illinois, including the Uniform Commercial Code as enacted in that jurisdiction, without giving effect to the principles of conflicts of law thereof. The exclusive jurisdiction and venue of any legal proceedings for the resolution of disputes arising under or in connection with this agreement shall be in the federal or state courts of Cook County, Illinois, U.S.A.
Collection Costs. In the event of any default on the part of Buyer hereunder, Buyer shall pay any and all collection costs, including reasonable attorneys’ fees incurred by C. Cretors & Co.
Purchases on Sites may be subject to convenience fee(s) and a non-refundable per order payment processing fee.
C. Cretors & Co. makes no representation that materials, products or services on any Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access any Site from other locations do so on their own initiative and are responsible for compliance with local laws.
User Contributions to the Site
There may be opportunities for you and/or other users to contribute information, data, photos, videos, questions, comments, suggestions, ideas or materials to the Sites (collectively, “User Content”). Please be aware that by submitting User Content to the Sites, you grant C. Cretors & Co. a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content throughout the world in any media, now known or hereafter devised, and (b) use the name that you submit in connection with such User Content. C. Cretors & Co. is not liable or responsible for any User Content provided by you or other third parties to the Site. You acknowledge that C. Cretors & Co. may choose to provide attribution of your User Content at our discretion, and that such User Content may be shared with other Site users. You further grant C. Cretors & Co. the right to pursue at law any person or entity that violates your or C. Cretors & Co.’s rights in the User Content by a breach of these Terms. You acknowledge and agree that User Content is non-confidential and non-proprietary. You expressly waive any and all “moral rights” (including rights of attribution or integrity) that may subsist in your User Content and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Content by C. Cretors & Co. or any of our partners or licensees. We take no responsibility and assume no liability for any User Content posted or submitted by you. If you do not agree to these Terms, please do not provide us with any User Content.
You are fully responsible for all your User Content. You are prohibited from posting or transmitting to or from the Sites (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any solicitation of funds, advertising or marketing of any of your goods or services or similar commercial material or content that is not associated with C. Cretors & Co. making the Services available to you; and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark or patent right, or other proprietary right, of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of User Content to the Sites. You acknowledge that C. Cretors & Co. may exercise its rights (e.g., use, publish, delete) to any User Content you submit without notice to you. You agree that you will indemnify C. Cretors & Co. against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party relating to any User Content you have posted.
C. Cretors & Co. does not endorse User Content in any way, nor does it vouch for the accuracy or usefulness of such User Content, and C. Cretors & Co. expressly disclaims any liability associated with such User Content posted by third parties. Reference to any products, services, hyperlink text to the third parties or other information by trade name, trademark and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by C. Cretors & Co.
PHOTO SUBMISSION GUIDELINES
All photos submitted are subject to the terms applicable to User Content and the guidelines set forth below, and which may be updated from time to time by C. Cretors & Co.. C. Cretors & Co. claims no ownership, affiliation with or endorsement of any photos that are submitted by users through our Sites.
Any photos you submit must be in accordance with the following guidelines:
- All photos must be relevant to C. Cretors & Co. or the products or services made available by C. Cretors & Co..
- Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting or that invade the privacy or violate any personal right of any person or entity.
- Do not submit photos or information about children or any third parties without their consent (or their parent’s or guardian’s consent in the case of a child under 18 years of age).
- Children under 13 may not submit photos or other materials.
- Submit only your own photos - do not submit photos from any other source, either personal or commercial. Do not submit photos that infringe the copyright, trademark or other property right of any third party.
- Do not submit photos that include logos, trademarks, trade names, branding, promotional material or any other content intended for commercial purposes.
- Do not submit photos that contain viruses or other harmful code that is either intended to or may result in damage to the computers and systems of C. Cretors & Co. and/or those using it.
You will be held liable for any illegal or prohibited User Content you provide to any Site, including, among other things, infringing, defamatory or offensive materials. If you discover this kind of material on any of our Sites, please notify us immediately at firstname.lastname@example.org. We will investigate your claim promptly and may then take the actions deemed appropriate.
Links and Search Results
For the avoidance of doubt, the Sites may automatically produce search results that reference or link to third party sites throughout the World Wide Web. C. Cretors & Co. has no control over these sites or the content within them. C. Cretors & Co. cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. C. Cretors & Co. does not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Sites to search for or link to another site, you agree and understand that you may not make any claim against C. Cretors & Co. for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify us at email@example.com and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
RSS (really simple syndication) service is a means by which C. Cretors & Co. provides feeds of story headlines in XML format (“RSS Content”) to visitors to the Site who use RSS aggregators. These Terms govern your use of the RSS Content. RSS Content is provided by C. Cretors & Co. at no charge for non-commercial use. Any other uses, including without limitation the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS Content as provided by C. Cretors & Co. and you may not edit or modify the text, RSS Content or links supplied by C. Cretors & Co. The RSS Content may be used only with those platforms from which a functional link is made available that, when accessed, takes the viewer directly to the display of the full article on the Sites. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable web page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable web page.
As between you and C. Cretors & Co., C. Cretors & Co. retains all ownership and other rights in the RSS Content, and any and all C. Cretors & Co. logos and trademarks used in connection with the RSS Content. You must provide attribution to the appropriate C. Cretors & Co. website in connection with your use of the RSS Content. If you provide this attribution using a graphic, you must use the appropriate C. Cretors & Co. Site’s logo that we have incorporated into the RSS Content. C. Cretors & Co. reserves the right to discontinue providing any or all of the RSS Content at any time and to require you to cease displaying, distributing or otherwise using any or all of the RSS Content for any reason, including, without limitation, your violation of any provision of these Terms. C. Cretors & Co. assumes no liability for any of your activities in connection with the RSS Content or for your use of the RSS Content, even if permitted hereunder.
For the avoidance of doubt, the Sites may not be used by our visitors for any commercial purposes other than to inquire about or purchase products or services of C. Cretors & Co. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling C. Cretors & Co. products or services of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel any order for any user known or reasonably believed to be in violation of this provision.
Violation of the Terms
You understand and agree that in C. Cretors & Co.’s sole discretion, and without prior notice, we may terminate your access to the Site, cancel your transactions or orders or exercise any other remedy available and remove any unauthorized User Content, if we believe that the User Content you provided has violated or is inconsistent with these Terms or violated the rights of C. Cretors & Co., another user, or the law. You agree that monetary damages may not provide a sufficient remedy to C. Cretors & Co. for violations of these Terms and you consent to injunctive or other equitable relief for such violations. C. Cretors & Co. may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. C. Cretors & Co. is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
C. Cretors & Co. is not responsible for the products, services, actions or failure to act of any third party referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to C. Cretors & Co. at firstname.lastname@example.org. We may investigate the claim and take appropriate action, in our sole discretion.
ADOPTION OF ADDITIONAL TERMS
These Terms expressly include any and all additional terms and conditions that are set forth in any of the Sites, including but not limited to any such terms and conditions that are specified in posted agreements and frequently asked questions listings therein. To the extent any of these Terms are in conflict with any terms and conditions set forth in any of the Sites, the terms and conditions set forth in the Sites shall control with respect to the particular Site to which the terms and conditions are posted.
You agree to defend, indemnify, save and hold harmless C. Cretors & Co. and its affiliates and licensees and its and their respective directors, members, shareholders, officers, employees and agents from and against all liabilities, claims, damages and expenses, including reasonable attorneys’ fees as incurred, arising out of your use of this Site, including any violation or alleged violation of these Terms, and any losses or claims arising out of your use of any products or services you may have obtained on any of our Sites.
YOU USE THIS SITES AND THE PRODUCTS AND SERVICES OFFERED ON THIS SITE AT YOUR OWN RISK. ALL INFORMATION AND CONTENT AND ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS SITE, INCLUDING CONTENT PROVIDED BY THIRD PARTY ADVERTISERS AND SPONSORS ON THIS SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURCHASE, FREEDOM FROM VIRUSES OR HARMFUL CODE, TITLE OR NON-INFRINGEMENT. ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH ANY HYPERLINKED SITE IS PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND, AND IS USED AT YOUR OWN RISK. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
IN NO EVENT WILL C. CRETORS & CO., ITS SUBSIDIARIES, AFFILIATED COMPANIES OR JOINT PARTNERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE OR ANY OF THE PRODUCTS OR SERVICES OFFERED THROUGH THIS SITE, OR ANY OTHER HYPERLINKED SITE INCLUDING, WITHOUT LIMITATION, ANY LOST REVENUES, LOST PROFITS, LOSS OF PROSPECTIVE ECONOMIC ADVANTAGE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR HANDLING SYSTEM OR OTHERWISE ARISING OUT OF THE USE, MISUSE OF OR INABILITY TO USE THIS SITE OR THE INFORMATION, CONTENT, DOCUMENTS OR SOFTWARE THEREOF, EVEN IF C. CRETORS & CO., ITS SUBSIDIARIES, AFFILIATED COMPANIES OR JOINT PARTNERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY A THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY AGAINST C. CRETORS & CO. IS TO DISCONTINUE USE OF THIS SITE AND ANY HYPERLINKED SITES AND TO DISCONTINUE THE USE OF PRODUCTS AND SERVICES OFFERED ON THIS SITE AND ANY HYPERLINKED SITES.
Without limiting the above disclaimers, C. Cretors & Co., its subsidiaries, affiliated companies and joint partners: (1) make no warranties or representations whatsoever concerning this Site, the Sites or any other Internet website, the access to, or the availability or use of, this Site, the Sites or any other Internet website, the information and content from whatever source posted on or referred to in this Site or any other Internet website or the accuracy, completeness or timeliness of such information or content; (2) do not warrant or represent that your access to, or use of, this Site, the Sites or any other Internet website will be uninterrupted or free of errors or omissions, that defects will be corrected, or that this Site, the Sites or any other Internet website is, or the information or content from whatever source available for use or downloading are free of computer viruses, worms, Trojan horses or other harmful components; (3) do not represent or warrant that any services or products listed on, or accessed through, this Site or the Sites will be available for purchase or not withdrawn at any time and makes no representation or warranty of any kind whatsoever concerning such products or services; and (4) do not represent or warrant the accuracy, functionality, specifications or any other aspect of items from whatever source posted or accessed through this Site or the Sites. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
The Sites may use hyperlinks as a convenience to you so that reference material, C. Cretors & Co.-related subjects and other pertinent material is easily accessible. Linked and referenced websites may not be operated, controlled or maintained by C. Cretors & Co. Hyperlinks and references to other websites, including any C. Cretors & Co.-affiliated entity, do not constitute sponsorship, endorsement or approval by C. Cretors & Co. of the information, content, policies or practices of such linked or referenced websites. C. Cretors & Co., its subsidiaries, affiliated companies and joint partners do not accept any responsibilities for any information or content, availability, policies, practices or any use of such websites. You access, browse and use such websites at your own risk.
C. Cretors & Co. has no obligation to update any information or content on this Site. Accordingly, C. Cretors & Co., its subsidiaries, affiliated companies and joint partners assume no responsibility regarding the accuracy of the information or content provided on the Site. Any use of the information or content provided on this Site is done so at your own risk.
The above limitations of liability reflect the allocation of risk between the parties and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose. The limitations of liability provided in these Terms inure to the benefit of C. Cretors & Co., the C. Cretors & Co. Affiliates and/or their respective suppliers.
If, notwithstanding the limitations of liability above, C. Cretors & Co. or any of its affiliates are found liable for any loss or damage which arises out of or in any way connected with any products or services or operation of the Sites, then the liability of C. Cretors & Co. and its affiliates will in no event exceed, in the aggregate, the lesser of (a) the service fees you paid to C. Cretors & Co. in connection with such transaction(s) on the Sites, or (b) One Hundred Dollars (US$100.00) (or the equivalent in local currency).
The Sites and any information contained in the Sites do not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision.
No Recommendations or Advice Provided
This Site and any information contained in this Site do not constitute an offer to sell, or the solicitation of an offer to buy, any securities and must not be relied upon in connection with any investment decision. Although information and content may be available through the Sites, you should not construe such information and content as expressing the opinions of or endorsement by C. Cretors & Co. or its employees. You alone bear the responsibility of evaluating any information or content available on the Sites. In exchange for using such information or content, you hereby agree to release C. Cretors & Co. from any claim and to not hold C. Cretors & Co. liable for any possible claim for damages arising from any decision you may make based on information or content available on the Site.
In states where C. Cretors & Co. has no physical presence, C. Cretors & Co. is not required to collect and remit sales tax for products and services purchased through the Site. However, many states require that their residents file a sales or use tax return for products or services purchased online. You should consult your state and local tax laws to determine compliance with tax laws and regulations in your geographic area. In some states, C. Cretors & Co. collects and remits sales tax. For purchases where sales tax is applicable, the tax calculated will be reflected on the checkout page before you are asked to confirm the purchase. C. Cretors & Co. uses commercial reasonable efforts to calculate and remit the correct amount of tax required on each taxable purchase, but C. Cretors & Co. does not guarantee the accuracy of the amount of the tax C. Cretors & Co. represents to you as the tax owed.
States generally provide an exemption from sales taxes for many of the products that C. Cretors & Co. sells. However, in order to claim such exemption these states generally require C. Cretors & Co. to receive a current, valid tax exemption certificate prior to each purchase of products that qualify for such exemption. If you register with C. Cretors & Co., you may provide a tax exemption certificate that will be held on file, which you will be required to acknowledge as being valid and current with respect to any purchase that you claim is exempt from sales tax. If the tax exemption certificate is not valid or current, you will be required to update this certificate if you would like to claim a sales tax exemption. C. Cretors & Co. will use commercially reasonable efforts to determine whether an exemption from sales tax is available. However, except as otherwise required under the applicable law, C. Cretors & Co. reserves the right to charge sales tax on each purchase (whether or not a sales tax exemption certificate has been provided previously) unless a current, valid tax exemption certificate has been received immediately prior to the purchase. If C. Cretors & Co. elects to rely on your assurance that a purchase is exempt from sales taxes and you fail to provide to C. Cretors & Co. a valid exemption certificate within 15 days from the date of purchase, you agree to pay, and authorize C. Cretors & Co. to charge your credit card for, the sales taxes C. Cretors & Co. determines to be due.
Minor errors may occur owing to the inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items advertised on this Site. As a result of any error, C. Cretors & Co. may over collect or under collect the tax. In consideration of C. Cretors & Co. allowing you access to and use of the Site, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless C. Cretors & Co., its officers, directors, employees, agents and representatives (and those of its affiliates), for any harm or other damages you may incur as a result of C. Cretors & Co.’s error in calculating the taxes on your purchases.
Bank And Credit Card Fees
Some banks and credit card companies impose fees for transactions and/or international transactions. If you are making a purchase from outside of the United States on a US credit card, your bank may convert the payment amount to your local currency and charge you a conversion fee. This means the amount listed on your credit or bank card statement may be in your local currency and therefore a different figure than the figure shown on the order summary page for a purchase on this Site. In addition, a foreign transaction fee may be assessed if the bank that issued your credit card is located outside of the United States. The currency exchange rate and foreign transaction fee is determined solely by your bank on the day that they process the transaction. If you have any questions about these fees or the exchange rate applied to your booking, please contact your bank.
[SOFTWARE AVAILABLE/MOBILE APPS ON THIS SITE]
COPYRIGHT AND TRADEMARK NOTICES
All content of this Site is © 2021 C. Cretors & Co. All rights reserved. C. Cretors & Co. names and logos are either registered trademarks or trademarks of C. Cretors & Co. in the United States and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. C. Cretors & Co. is not responsible for content on websites operated by parties other than C. Cretors & Co. If you are aware of an infringement of our brand, please let us know by e-mailing us at email@example.com. We address only messages concerning brand infringement at this e-mail address.
Digital Millennium Copyright Act (“DMCA”)
C. Cretors & Co. respects the intellectual property of others, and we ask our users and visitors to do the same. In accordance with the DMCA and other applicable law, C. Cretors & Co. has adopted a policy of terminating, in appropriate circumstances and at C. Cretors & Co.’s sole discretion, users who are deemed to be repeat infringers. C. Cretors & Co. may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that a user is a repeat infringer, please provide information sufficient for us to verify that the user is a repeat infringer when filing your notice.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Site’s designated agent (see below). ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. C. Cretors & Co. will process and investigate notices (each, a “Notice”) of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, C. Cretors & Co. will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide C. Cretors & Co. the following information in your Notice (to be effective, the notification must include ALL of the following):
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit C. Cretors & Co. to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to C. Cretors & Co.’s designated agent:
C. Cretors & Co.
176 Mittel Drive
Wood Dale, IL 60191
Attn: Compliance Department
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING SHOUP THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON OUR PRIVACY PRACTICES, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
One or more patents owned by the C. Cretors & Co. may apply to this Site and to the features, products and Services accessible via the Site. Portions of this Site may operate under license of one or more patents. Other patents are pending.
Communications Decency Act Notice
Pursuant to 47 U.S.C. Section 230(d) (as amended from time to time), please be notified that parental control protections (such as computer hardware, software or filtering services) are commercially available to you that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following two websites:
On Guard Online (http://onguardonline.gov/)
Please be advised that C. Cretors & Co. does not endorse either of the above websites or any of the products or services available at such websites.
Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please contact us by writing to:
C. Cretors & Co. Co. Inc.
176 Mittel Drive
Wood Dale, IL 60191
Attn: Compliance Department
California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at:
1625 North Market Blvd.
Sacramento, CA 95834
(916) 445-1254 or (800) 952-5210.
NOTICE FOR NEW JERSEY RESIDENTS
To the extent any term hereof is subject to the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (“TCCWNA”) and such term, if enforced as provided herein, is contrary to or violative of any clearly established right you have under state or federal law, such offending term(s) shall be deemed omitted from these terms (and such user agreement), and your agreement to these terms does not and will not in any way constitute a waiver of your rights under the TCCWNA.
C. Cretors & Co. controls this Site (excluding linked sites) from its headquarters in Wood Dale, Illinois,United States of America and makes no representation that any content contained in this Site is appropriate or available for use in other locations. Accessing this Site in locations where the use of such content is illegal is prohibited. By accessing this Site you agree that the statutes and laws of the State of Illinois, notwithstanding any principles of conflicts of law, will apply to all matters relating to use of this Site and that if you use this Site from any other location you are responsible for compliance with applicable local laws. Any claim relating to this Site shall be litigated in the State of Illinois and you hereby consent to the jurisdiction and venue of those courts. If any part of these Terms is deemed unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles herein are for convenience only and have no legal or contractual effect.
By using this Site, you further agree that you will not use this Site or any materials available thereon for any unlawful activity, or use it in any way that would violate any of these Terms.
When applicable, you further agree, as a condition of using this site, to ensure that all of your agents, employees and independent contractors adhere to these Terms.
By using the Sites, you agree that C. Cretors & Co., in its sole discretion, may require you to submit any disputes arising from the use of the Sites, or these Terms concerning or, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance or termination, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages (as further limited herein) and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
These Terms, as supplemented or amended by any applicable Privacy Notices, invoice or other C. Cretors & Co. document, contain the entire understanding and agreement between you and us with respect to the Sites and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic between you and us with respect thereto.
© 2021 C. Cretors & Co. All rights reserved.