CastivaBrands.com User Agreement
(effective as of October 16th, 2006)
Please read this user agreement before using the services provided on www.castivabrands.com (the "Site"). By continuing to use the Site, you agree to abide by the conditions of this agreement.
- www.CASTIVABRANDS.com is sponsored by Humco Holding Group, Inc (HHG), the distributor of Castiva™. HHG reserves the right to change the terms of this Agreement at any time. By continuing to use this Site after the posting of Notices regarding such changes, you agree to be bound by such changes.
- You represent that you have read and agree to abide by the HHG user agreement and privacy statement.
- This Site (including, but not limited to, text, photographs, graphics, video and audio content) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site, except that you may download material from this Site for your own personal non-commercial use.
- You agree to indemnify and hold harmless HHG, and its parent and affiliates, and its directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the www.CASTIVABRANDS.com agreement, privacy statement, or other applicable agreements between you and HHG. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide us with such cooperation as is reasonably requested by us.
- You may provide HHG with your feedback about the products provided on this Site (your "Submission"). You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of your Submission. You understand that by providing such a submission to HHG, you are giving HHG the right to display such submission, in part or in its entirety, on the Site and on its affiliated sites and publications, and to use such content for promotional and marketing purposes. HHG may post your feedback on the Site and reserves the right (but not the obligation) to monitor, edit and remove any Submission. When you post or send a submission, you represent and warrant that you own or otherwise control all of the rights to the content in your Submission, that the content you provide is accurate, and that use of the content in your Submission does not violate this agreement and will not cause injury to any person or entity. You agree to indemnify HHG against all claims and liabilities resulting from your Submission.
- This site may contain links to other websites, which are completely independent of HHG. HHG makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any other website, that you may not rely on the content on such websites, and that under no circumstances will HHG be liable in any way for any other website or for any loss or damage of any kind incurred as a result of the use of any other website, linked to via the Site.
- This Site and the services offered on the site are available "as is." HHG does not warrant that this site will be uninterrupted or error-free. In addition, we are not responsible for the availability of other websites that may be linked to this Site. We do not make any warranties, express or implied, including without limitation, those of merchantability and fitness for a particular purpose, with respect to this Site. We reserve the right to correct any errors or omissions on this Site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses," or other destructive materials to this Site, we do not guarantee or warrant that this Site does not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you use this Site, you do so solely at your own risk.
- HHG and its officers, directors, managers, employees, shareholders, parent, subsidiaries, affiliates, agents, or licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to the use of this Site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies on this Site (including without limitation as a result of breach of any warranty or other term of this Agreement).
- This Agreement may be terminated by either party for any reason at any time. Sections 4, 6, and 7 of this Agreement shall survive such termination.
- This Agreement shall be governed by the laws of the United States and the state of Texas. BY CONTINUING TO USE CASTIVABRANDS.COM, YOU AGREE TO ABIDE BY THE TERMS OF THIS AGREEMENT.