GENERAL
TERMS AND CONDITIONS
The products and
services (collectively, the "Products and Services") offered by
or through Catalog Central are made available subject to the following
Terms and Conditions. By using the Products and Services, you
are agreeing to be bound by, and to comply with, these Terms and
Conditions and any other terms and conditions or terms of
service posted on the CatalogCentral.com web site. Please read these Terms
and Conditions carefully. Please direct any legal questions to:
Legal Affairs
Catalog Central
15 Rosemount Drive
Hattiesburg, MS 39402
Content Linked
to CatalogCentral.com
CatalogCentral.com encourages you to exercise discretion while
using the Products and Services to browse the Internet.
CatalogCentral.com
may produce automated search results or otherwise link you to
sites containing information that some people may find
inappropriate or offensive. CatalogCentral.com makes no representations
concerning any effort to review the content of any of the sites
listed in automated search results, Web Guides or other
directories, or of any of the sites otherwise linked to the
CatalogCentral.com web site. CatalogCentral.com shall not be held responsible for the
accuracy, copyright or trademark compliance, legality, or
decency of material contained in sites listed in CatalogCentral.com’s
search results or otherwise linked to the CatalogCentral.com web site or
provided to CatalogCentral.com by third parties.
Changes in
Terms and Conditions and Changes in Products and Services
CatalogCentral.com reserves the right to modify the Products and
Services from time to time, for any reason, and without notice,
including the right to terminate the Products and Services.
CatalogCentral.com reserves the right to modify these Terms and Conditions
from time to time, without notice. Please review these Terms and
Conditions from time to time so you will be apprised of any
changes.
Privacy
Click here
to review CatalogCentral.com’s privacy policy.
Disclaimer of
Warranties
CatalogCentral.com disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality,
reliability, or operability or availability of information or
material in the Products and Services. CatalogCentral.com disclaims any
responsibility for the deletion, failure to store, misdelivery,
or untimely delivery of any information or material.
CatalogCentral.com
disclaims any responsibility for any harm resulting from
downloading or accessing any information or material through the
Products and Services.
THE PRODUCTS AND
SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER.
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED
BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, CatalogCentral.COM
DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES. TO THE
FULLEST EXTENT PERMITTED BY LAW, CatalogCentral.COM DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES
OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES.
CatalogCentral.COM SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY
LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED
THROUGH THE PRODUCTS AND SERVICES.
YOU UNDERSTAND AND
AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
BECAUSE OF THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do
not allow the disclaimer of implied warranties. In such
jurisdictions, the foregoing disclaimers may not apply to you
insofar as they relate to implied warranties.
Limitation of
Liability
UNDER NO CIRCUMSTANCES SHALL CatalogCentral.com BE LIABLE TO ANY
USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON
THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL
APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF
CatalogCentral.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES
ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND
SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR
FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE
PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD
PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED
THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED
THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL
AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION
SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH
LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION
OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE CatalogCentral.COM WEB SITE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED
REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. In some jurisdictions, limitations of
liability are not permitted. In such jurisdictions, the
foregoing limitation may not apply to you.
Under no circumstances
shall CatalogCentral.com be held liable for any delay or failure in
performance resulting directly or indirectly from acts of
nature, forces, or causes beyond its reasonable control,
including, without limitation, Internet failures, computer
equipment failures, telecommunication equipment failures, other
equipment failures, electrical power failures, strikes, labor
disputes, riots, insurrections, civil disturbances, shortages of
labor or materials, fires, flood, storms, explosions, acts of
God, war, governmental actions, orders of domestic or foreign
courts or tribunals, non-performance of third parties, or loss
of or fluctuations in heat, light, or air conditioning.
The sites displayed as
search results, otherwise linked to the CatalogCentral.com web site, or
provided to CatalogCentral.com by third parties are developed by people
over whom CatalogCentral.com exercises no control. CatalogCentral.com assumes no
responsibility for the content of any site included in any
search results or otherwise linked to the CatalogCentral.com web site. In
instances where CatalogCentral.com does review the sites that are displayed
in directories, indices, and/or references, or where
CatalogCentral.com
makes available directories, indices, and/or references of sites
compiled by third parties, the content located at such sites was
developed third parties.
CatalogCentral.com occasionally
receives requests from people to remove links from its database.
Although CatalogCentral.com reserves the right to address such requests
individually, the general approach that CatalogCentral.com takes reflects
the following principles:
CatalogCentral.com makes available
directories, indices, and references consisting of content that
has been identified, indexed, and compiled by humans.
For each web site
reflected in CatalogCentral.com’s database, if either (i) a site owner
restricts access to his or her web site or (ii) a site is taken
down from the web, then, upon receipt of a request by the site
owner in the first instance, and either the site owner or a
third party in the second instance, CatalogCentral.com would remove the
link to that site from its database.
Disclaimer
Regarding Pictures & Sounds
CatalogCentral.com does not have the right to authorize you to
publish or republish any photographs, images, or audio or video
files (the "Content") accessed through the search services
offered on the CatalogCentral.com web site. All of the content that users
locate by searching on CatalogCentral.com is owned and served by entities
other than CatalogCentral.com. CatalogCentral.com provides you with the URL or address
of the Content; this information may be used to determine the
server of the Content. If you intend to make use of any Content
accessed through our site for commercial or noncommercial
purposes, we strongly suggest that you contact the server of the
Content for permission to use the Content.
Link to
CatalogCentral.com
License
CatalogCentral.com Logos and Search Boxes - CatalogCentral.com offers a
non-assignable, non-transferable, and non-exclusive license to
link to CatalogCentral.com’s web site, using the certain
CatalogCentral.com logos and
search boxes, subject to the following provisions. The
CatalogCentral.com
logos and search boxes may be placed on a Web site for the sole
purpose of creating a link to CatalogCentral.com and allowing users of your
site to access the Products and Services on the CatalogCentral.com web
site. The CatalogCentral.com logos and search boxes may not be used for any
other purpose, including suggesting sponsorship by, or
affiliation with, or endorsement by CatalogCentral.com. The
CatalogCentral.com logos
and search boxes may not be altered in any manner. The
CatalogCentral.com
logos and search boxes may not be used to disparage
CatalogCentral.com, its
products or services, or in a manner that, in CatalogCentral.com’s
reasonable judgment, may diminish or otherwise damage
CatalogCentral.com’s
good will.
CatalogCentral.com may terminate
this license at any time and for any reason or for no reason,
without any notice. CatalogCentral.com reserves the right to revoke this
license or to alter its terms from time to time, without any
notice. CatalogCentral.com reserves the right to take action against any
use that does not conform to these provisions.
No License
Except as expressly provided, nothing within any of the
Products and Services shall be construed as conferring any
license under any of CatalogCentral.com’s or any third party's intellectual
property rights, whether by estoppels, implication, waiver, or
otherwise.
Intellectual
Property Infringement Claims
It is the policy of CatalogCentral.com to respond expeditiously to
claims of intellectual property infringement. CatalogCentral.com will
promptly process and investigate notices of alleged infringement
and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA") and other applicable intellectual
property laws. Upon receipt of notices complying or
substantially complying with the DMCA, CatalogCentral.com will act
expeditiously to remove or disable access to any material
claimed to be infringing or claimed to be the subject of
infringing activity and will act expeditiously to remove or
disable access to any reference or link to material or activity
that is claimed to be infringing. CatalogCentral.com will terminate access
for subscribers and account holders who are repeat offenders.
Notices of claimed infringement should be directed to:
Legal Affairs
Catalog Central
15 Rosemont Drive
Hattiesburg, MS 39402
Telephone: (601)
268-7409
Email Address:
admin@CatalogCentral.com
Please put "Notice of
Infringement" in the subject line of all such notifications.
When CatalogCentral.com removes or
disables access to any material claimed to be infringing,
CatalogCentral.com may attempt to contact the user who has posted such
material in order to give that user an opportunity to respond to
the notification, although CatalogCentral.com makes no promise to do so.
Any and all counter notifications submitted by the user will be
furnished to the complaining party. CatalogCentral.com will give the
complaining party an opportunity to seek judicial relief in
accordance with the DMCA before CatalogCentral.com replaces or restores
access to any material as a result of any counter notification.
Parental
Controls
Certain material available on the Internet is not
appropriate for minors. To prevent or limit your children's
access to such materials, a number of parental control
protections (such as computer hardware, software, or filtering
services) are commercially available.
Professional
Information
CatalogCentral.com makes available certain information provided by
third parties related to various professional fields such as
medicine and engineering. CatalogCentral.com does not give advice in any
such fields and in no way endorses any of the information
provided in this manner. IF YOU INTEND TO USE ANY SUCH
INFORMATION, YOU SHOULD CAREFULLY RE-READ THE CAPITALIZED WORDS
SET FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION
OF LIABILITY. Those provisions will have special importance for
you. All information made available through the CatalogCentral.com web site
is made available subject to CatalogCentral.com’s Terms and Conditions,
including the Disclaimer of Warranties and Limitation of
Liability set forth above.
CatalogCentral.COM STRONGLY
SUGGESTS THAT YOU SEEK ADVICE FROM A COMPETENT PROFESSIONAL
REGARDING ISSUES IN ANY PROFESSIONAL FIELD.
Indemnity and
Release
By using the CatalogCentral.com web site you agree to indemnify
CatalogCentral.com and its parents, subsidiaries, affiliates, officers, and
employees and hold them harmless from any and all claims and
expenses, including attorney's fees, arising from your use of
the CatalogCentral.com web site. By using the CatalogCentral.com web site you are
hereby agreeing to release CatalogCentral.com and its parents,
subsidiaries, affiliates, officers, and employees from any and
all claims, demands, debts, obligations, damages (actual or
consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising
out of or in any way related to such disputes and/or to the
Products and Services. You hereby agree to waive all laws that
may limit the efficacy of such releases.
Merger
These Terms and Conditions constitute the entire
agreement between the parties with respect to the subject matter
contained herein and supersedes any other agreement, proposals
and communications, written or oral, between CatalogCentral.com’s
representatives and you with respect to the subject matter
hereof; except that any other terms and conditions located on
the CatalogCentral.com web site are incorporated herein by reference to the
extent they do not conflict with these Terms and Conditions. To
the extent that any other terms and conditions or terms of
service conflict with these Terms and Conditions, those other
provisions shall control with respect to the use of the
particular products or services available on or through the web
site at which those other provisions may be found.
Shopping Mall
Notice and Disclaimer
NOTICE TO RETAILERS. If you have products or services
that you would like to offer through the CatalogCentral.com Mall, please
email us at admin@CatalogCentral.com.
Although we will make every effort to review your request and
respond to it, we cannot guarantee a timely response.
DISCLAIMER TO USERS
CatalogCentral.com has created the CatalogCentral.com Mall in order to help you find
as many products and services related to your specific field as
possible. Although we initially review each site linked from the
CatalogCentral.com Mall, the sites are owned and operated by independent
retailers, and therefore, we cannot ensure that you will be
satisfied with their products or services. We would appreciate
any feedback that you can give us about this new service.
That said, please
understand that, by viewing the CatalogCentral.com Mall (the "Network"),
you are acknowledging and agreeing to the following terms and
conditions:
The merchandise,
products or services (collectively, the "Merchandise") offered
to you through links to the Network are provided by third
parties who are not affiliated with CatalogCentral.com.
CatalogCentral.com does not
endorse any of the Merchandise, nor has CatalogCentral.com taken any steps
to confirm the accuracy or reliability of any of the information
contained in such third parties' submissions to the Network or
such third parties' Web sites. CatalogCentral.com cannot, and does not,
make any representations or warranties as to the security of any
information (including, without limitation, credit card and
other personal information) you might be requested to give any
third party. YOU ARE STRONGLY ENCOURAGED TO MAKE WHATEVER
INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE
PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY OF
THESE THIRD PARTIES.
BEFORE USING THE
CatalogCentral.COM MALL, PLEASE CAREFULLY RE-READ THE CAPITALIZED WORDS SET
FORTH ABOVE IN THE DISCLAIMER OF WARRANTIES AND LIMITATION OF
LIABILITY. All aspects of the CatalogCentral.com Mall, including the
purchase of any products or services, are subject to
CatalogCentral.com’s
Terms and Conditions, including the Disclaimer of Warranties and
Limitation of Liability.
If you have any
questions, please contact CatalogCentral.com immediately. Instructions on
how to do so can be found by clicking on the "Contact Us" text
link on our home page (http://www.CatalogCentralcom/).
Open Directory
Disclaimer
CatalogCentral.com makes available certain content through the
Open Directory. The directories, and the underlying content, are
created entirely by other parties and are solely the
responsibility of such other parties. Consequently,
CatalogCentral.com
cannot, and does not, represent or warrant the reliability,
accuracy, and truthfulness of that content. Although
periodically CatalogCentral.com may attempt to verify the accuracy of
information in the Open Directory, neither CatalogCentral.com nor its
agents shall be held liable for any technical inaccuracies,
typographical errors or inaccuracies in the links or any
information in the Open Directory. In addition, CatalogCentral.com has no
control over whether that content is of a nature that users will
find inoffensive, tasteful and otherwise acceptable.
CatalogCentral.com has
NO responsibility for such content, rather, CatalogCentral.com is merely
providing access to such content as a service to you.
Just as when you
purchase a product or service in any setting, you should
exercise appropriate discretion, good judgment and caution in
accessing content on the Open Directory and in taking any
actions based upon that content. You bear all risk associated
with any content that you access. Your access of any content
through the Open Directory service is subject to your agreement
to these terms and conditions. If you proceed to use the Open
Directory, you thereby agree to be bound by these terms and
conditions. The disclaimer of warranties and limitation of
liability set forth in capitalized letters above apply to the
Open Directory.
Violations of
Terms and Conditions
Should you violate these Terms and Conditions or any
other rights of CatalogCentral.com, CatalogCentral.com reserves the right to pursue
any and all legal and equitable remedies against you, including,
without limitation, terminating any and all user accounts on the
CatalogCentral.com web site. If CatalogCentral.com should fail to enforce any right or
provision in these Terms and Conditions, you agree that this
failure does not constitute a waiver of such right or provision
or of any other rights or provisions in these Terms and
Conditions. If a court should find that one or more rights or
provisions set forth in these Terms and Conditions are invalid,
you agree that the remainder of the Terms and Conditions shall
be enforceable and that, to the extent permitted by law, the
court shall give effect to the parties' intentions, as reflected
in any such right or provision that has been declared invalid or
unenforceable.
If you are aware of any
violations of these Terms and Conditions, please report them to:
Abuse Manager
CatalogCentral.com
39 King Road, Suite 1
Hattiesburg, MS 39402
Email Address:
admin@CatalogCentral.com
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