WEBSITE TERMS AND CONDITIONS
PLEASE
READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
WEBSITE. Your use of the BoxCo Industries (“BoxCo”)
website (the “Website”) is
expressly conditioned on your acceptance of the following terms and
conditions (“Website Terms and Conditions”). By using
the Website, you signify your assent to these Website Terms and
Conditions. If you do not agree with any part of the following terms
and conditions, you must not use the Website.
OWNERSHIP.
Except for items in the public domain, the information
and all other materials comprising the Website (collectively, the
"Materials"), are wholly owned by (or licensed to) BoxCo
and/or its content providers. The Website contains copyrighted
material, trademarks, and other proprietary information. BoxCo owns
a copyright in the selection, coordination and arrangement of the
Website. Nothing contained on this Website
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Materials without
the written permission of BoxCo or such other party that may own the
Materials.
USE
OF WEBSITE. Except for your non-commercial personal use,
the Website may not, in whole or in
part, be sold, reproduced, published or
redistributed in any medium, directly or indirectly, for any
commercial or non-commercial purpose. Unauthorized
use of the Website and/or the Materials may violate applicable
intellectual property laws or other laws. You must retain all
copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on
any other website or in any environment of networked computers is
prohibited. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, pornographic
or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law.
By
uploading or otherwise submitting a file or other information
("Contribution") to the Website, you automatically grant,
or warrant that the copyright owner of the Contribution has expressly
granted, to BoxCo a perpetual, royalty-free, irrevocable, worldwide,
non-exclusive license to use, reproduce, publicly display, modify,
store, create derivative works from, and/or distribute the
Contribution (in whole or part) and/or to incorporate it in other
works in any medium now known or hereafter developed, as if the
Contribution were public domain information. You similarly permit any
Internet user to download, store, manipulate, view, print and display
the Contribution for that user’s personal use.
AGE
AND RESPONSIBILITY. You represent that you are of sufficient
legal age to use the Website and to create binding legal obligations
for any liability you may incur as a result of the use of the
Website. You understand that you are financially responsible for
all uses of the Website by you and those using your login
information.
PRIVACY.
You have read the BoxCo Privacy Policy, the terms
of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by BoxCo and/or its third party providers and
distributors in accordance with the terms of and for the purposes
set forth in the BoxCo Privacy Policy.
NO
WARRANTIES. THE WEBSITE AND THE CONTENT PROVIDED THEREON IS
PROVIDED "AS IS", AND NEITHER BOXCO NOR ANY OF ITS
AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT
PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE
USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or
written information given to you by BoxCo or any of its affiliates,
subsidiaries, business units, content providers, agents, or the like
shall create any warranty. Neither BoxCo nor any of its content
providers, agents, or the like warrants that access to, or use of,
the Website will be uninterrupted, virus free, or error-free, or
that the Website (including, without limitation, any content on the
Website) will meet any particular criteria of performance or
quality. BOXCO, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES,
SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE
LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY,
RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE
(WHETHER OR NOT BOXCO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED,
OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE
IN RESPECT OF THE WEBSITE. FURTHERMORE, BOXCO, ON BEHALF OF ITSELF
AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT
PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE
WEBSITE.
LIMITATION
OF LIABILITY. BoxCo and all of its affiliates,
subsidiaries, business units, content providers, agents and the
like, in each instance will not be liable for (a) any direct,
indirect, incidental, consequential and/or special damages arising
out of your use of, or inability to use, the Website, and you hereby
waive any claims with respect thereto, whether based on contractual,
tort or other grounds, even if BoxCo has been advised of the
possibility of such damages, and/or (b) damages or injury caused by
any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of any file, in each instance
whether for breach of contract, tortious behavior, negligence, or
under any other cause of action. For further clarity, in all events,
BoxCo and all of its affiliates, subsidiaries, business units,
content providers, agents and the like shall not be liable for the
defamatory, offensive, or illegal conduct of other users of the
Internet. Some jurisdictions do not allow implied warranties to be
excluded or modified or liability to be limited, so not all of the
above limitations may apply to you.
The
provisions of this Section 6 and Section 5 above represent a
reasonable allocation of the risks under these Website Terms and
Conditions. BoxCo's willingness to allow you to use the Website
reflects this allocation of risk and the limitations of liability
specified herein.
INDEMNIFICATION.
You agree to indemnify BoxCo and all of its affiliates,
subsidiaries, business units, content providers, agents and the
like, in each instance from and against any and all claims, suits,
liabilities, expenses (including, without limitation, attorneys'
fees), and/or damages arising out of claims based upon your
Contribution and/or your use of the Website including, without
limitation, any claim of libel, defamation, violation of legal
rights of others (including rights of privacy or publicity), loss of
service by other subscribers and/or infringement of intellectual
property or other rights.
LINKS.
The Website may contain links to websites operated by
parties other than BoxCo. Such links are provided for your
reference only. BoxCo does not control such websites and is not
responsible for their contents. BoxCo makes
no representation or warranty regarding any other websites or the
contents or materials on such websites. The Website’s
inclusion of links to other websites does not imply BoxCo’s
endorsement of the material on the websites or any association with
their operators. Any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular
service or resource
FORWARD-LOOKING
STATEMENT DISCLOSURE. Any investor information contained on
this Website is forward-looking information based on current
expectations and plans that involve risks and uncertainties.
Although BoxCo believes that this forward-looking information is
accurate, its business is dependent on various regulatory issues,
general economic conditions and future trends, and these factors can
cause actual results to differ materially from the forward-looking
information that has been provided. You are cautioned not to put
undue reliance on this forward-looking information, which is not a
guarantee of future performance and is subject to a number of
uncertainties and other factors, many of which are outside the
control of BoxCo. All postings are subject to this notice regarding
forward-looking statements and these Website Terms and Conditions.
GOVERNING
LAW. These Website Terms and Conditions and the Website’s
performance shall be governed by the laws of the state of Missouri,
United States of America, without regard to its conflict of law
provisions. You consent and submit to the exclusive jurisdiction of
the state and federal courts located in St. Louis County, the state
of Missouri, United States of America, in all questions and
controversies arising out of your use of this Website and these
Website Terms and Conditions.
NO
WAIVER. The failure of either party to insist upon or enforce
strict performance by the other party of any provision of these
Website Terms and Conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between you
and BoxCo nor the trade practice shall modify any provision of these
Website Terms and Conditions.
MODIFICATION.
BoxCo may at any time modify these Website Terms and Conditions
and your continued use of this Website will be conditioned upon the
Website Terms and Conditions in force at the time of your use.
ADDITIONAL
TERMS. Additional terms and conditions may apply other portions
of the Website, and you agree to abide by such other terms and
conditions.
SEVERABILITY.
These Website Terms and Conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
INTELLECTUAL
PROPERTY NOTICES. All contents of the Website are Copyright
2009 BoxCo Incorporated and/or its suppliers. All rights reserved.
Product and company names mentioned in the Website are the
trademarks of their respective owners.
ENTIRE
AGREEMENT. These Website Terms and Conditions, together with
those incorporated herein or referred to herein constitute the
entire agreement between us relating to the subject matter hereof,
and supersedes any prior understandings or agreements (whether oral
or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this Website.
WEBSITE TERMS AND CONDITIONS
PLEASE
READ THESE WEBSITE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS
WEBSITE. Your use of the BoxCo Industries (“BoxCo”)
website (the “Website”) is
expressly conditioned on your acceptance of the following terms and
conditions (“Website Terms and Conditions”). By using
the Website, you signify your assent to these Website Terms and
Conditions. If you do not agree with any part of the following terms
and conditions, you must not use the Website.
OWNERSHIP.
Except for items in the public domain, the information
and all other materials comprising the Website (collectively, the
"Materials"), are wholly owned by (or licensed to) BoxCo
and/or its content providers. The Website contains copyrighted
material, trademarks, and other proprietary information. BoxCo owns
a copyright in the selection, coordination and arrangement of the
Website. Nothing contained on this Website
should be construed as granting, by implication, estoppel, or
otherwise, any license or right to use any of the Materials without
the written permission of BoxCo or such other party that may own the
Materials.
USE
OF WEBSITE. Except for your non-commercial personal use,
the Website may not, in whole or in
part, be sold, reproduced, published or
redistributed in any medium, directly or indirectly, for any
commercial or non-commercial purpose. Unauthorized
use of the Website and/or the Materials may violate applicable
intellectual property laws or other laws. You must retain all
copyright and trademark notices, including any other proprietary
notices, contained in the materials. The use of such materials on
any other website or in any environment of networked computers is
prohibited. You are prohibited from posting or transmitting any
unlawful, threatening, libelous, defamatory, obscene, pornographic
or any material that could constitute or encourage conduct that
would be considered a criminal offense, give rise to civil
liability, or otherwise violate any law.
By
uploading or otherwise submitting a file or other information
("Contribution") to the Website, you automatically grant,
or warrant that the copyright owner of the Contribution has expressly
granted, to BoxCo a perpetual, royalty-free, irrevocable, worldwide,
non-exclusive license to use, reproduce, publicly display, modify,
store, create derivative works from, and/or distribute the
Contribution (in whole or part) and/or to incorporate it in other
works in any medium now known or hereafter developed, as if the
Contribution were public domain information. You similarly permit any
Internet user to download, store, manipulate, view, print and display
the Contribution for that user’s personal use.
AGE
AND RESPONSIBILITY. You represent that you are of sufficient
legal age to use the Website and to create binding legal obligations
for any liability you may incur as a result of the use of the
Website. You understand that you are financially responsible for
all uses of the Website by you and those using your login
information.
PRIVACY.
You have read the BoxCo Privacy Policy, the terms
of which are incorporated herein, and agree that the terms of such
policy are reasonable. You consent to the use of your personal
information by BoxCo and/or its third party providers and
distributors in accordance with the terms of and for the purposes
set forth in the BoxCo Privacy Policy.
NO
WARRANTIES. THE WEBSITE AND THE CONTENT PROVIDED THEREON IS
PROVIDED "AS IS", AND NEITHER BOXCO NOR ANY OF ITS
AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, SUPPLIERS, CONTENT
PROVIDERS, LICENSORS, EMPLOYEES, AGENTS, OR THE LIKE MAKES ANY
EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE
USABILITY, CONDITION OR OPERATION THEREOF. No oral advice or
written information given to you by BoxCo or any of its affiliates,
subsidiaries, business units, content providers, agents, or the like
shall create any warranty. Neither BoxCo nor any of its content
providers, agents, or the like warrants that access to, or use of,
the Website will be uninterrupted, virus free, or error-free, or
that the Website (including, without limitation, any content on the
Website) will meet any particular criteria of performance or
quality. BOXCO, ON BEHALF OF ITSELF AND ALL OF ITS AFFILIATES,
SUBSIDIARIES, BUSINESS UNITS, CONTENT PROVIDERS, AGENTS AND THE
LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND/OR
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY,
RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE
(WHETHER OR NOT BOXCO KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED,
OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE
IN RESPECT OF THE WEBSITE. FURTHERMORE, BOXCO, ON BEHALF OF ITSELF
AND ALL OF ITS AFFILIATES, SUBSIDIARIES, BUSINESS UNITS, CONTENT
PROVIDERS, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND
ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE
WEBSITE.
LIMITATION
OF LIABILITY. BoxCo and all of its affiliates,
subsidiaries, business units, content providers, agents and the
like, in each instance will not be liable for (a) any direct,
indirect, incidental, consequential and/or special damages arising
out of your use of, or inability to use, the Website, and you hereby
waive any claims with respect thereto, whether based on contractual,
tort or other grounds, even if BoxCo has been advised of the
possibility of such damages, and/or (b) damages or injury caused by
any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus,
communication line failure, theft or destruction or unauthorized
access to, alteration of, or use of any file, in each instance
whether for breach of contract, tortious behavior, negligence, or
under any other cause of action. For further clarity, in all events,
BoxCo and all of its affiliates, subsidiaries, business units,
content providers, agents and the like shall not be liable for the
defamatory, offensive, or illegal conduct of other users of the
Internet. Some jurisdictions do not allow implied warranties to be
excluded or modified or liability to be limited, so not all of the
above limitations may apply to you.
The
provisions of this Section 6 and Section 5 above represent a
reasonable allocation of the risks under these Website Terms and
Conditions. BoxCo's willingness to allow you to use the Website
reflects this allocation of risk and the limitations of liability
specified herein.
INDEMNIFICATION.
You agree to indemnify BoxCo and all of its affiliates,
subsidiaries, business units, content providers, agents and the
like, in each instance from and against any and all claims, suits,
liabilities, expenses (including, without limitation, attorneys'
fees), and/or damages arising out of claims based upon your
Contribution and/or your use of the Website including, without
limitation, any claim of libel, defamation, violation of legal
rights of others (including rights of privacy or publicity), loss of
service by other subscribers and/or infringement of intellectual
property or other rights.
LINKS.
The Website may contain links to websites operated by
parties other than BoxCo. Such links are provided for your
reference only. BoxCo does not control such websites and is not
responsible for their contents. BoxCo makes
no representation or warranty regarding any other websites or the
contents or materials on such websites. The Website’s
inclusion of links to other websites does not imply BoxCo’s
endorsement of the material on the websites or any association with
their operators. Any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular
service or resource
FORWARD-LOOKING
STATEMENT DISCLOSURE. Any investor information contained on
this Website is forward-looking information based on current
expectations and plans that involve risks and uncertainties.
Although BoxCo believes that this forward-looking information is
accurate, its business is dependent on various regulatory issues,
general economic conditions and future trends, and these factors can
cause actual results to differ materially from the forward-looking
information that has been provided. You are cautioned not to put
undue reliance on this forward-looking information, which is not a
guarantee of future performance and is subject to a number of
uncertainties and other factors, many of which are outside the
control of BoxCo. All postings are subject to this notice regarding
forward-looking statements and these Website Terms and Conditions.
GOVERNING
LAW. These Website Terms and Conditions and the Website’s
performance shall be governed by the laws of the state of Missouri,
United States of America, without regard to its conflict of law
provisions. You consent and submit to the exclusive jurisdiction of
the state and federal courts located in St. Louis County, the state
of Missouri, United States of America, in all questions and
controversies arising out of your use of this Website and these
Website Terms and Conditions.
NO
WAIVER. The failure of either party to insist upon or enforce
strict performance by the other party of any provision of these
Website Terms and Conditions shall not be construed as a waiver of
any provision or right. Neither the course of conduct between you
and BoxCo nor the trade practice shall modify any provision of these
Website Terms and Conditions.
MODIFICATION.
BoxCo may at any time modify these Website Terms and Conditions
and your continued use of this Website will be conditioned upon the
Website Terms and Conditions in force at the time of your use.
ADDITIONAL
TERMS. Additional terms and conditions may apply other portions
of the Website, and you agree to abide by such other terms and
conditions.
SEVERABILITY.
These Website Terms and Conditions shall be deemed severable.
In the event that any provision is determined to be unenforceable or
invalid, such provision shall nonetheless be enforced to the fullest
extent permitted by applicable law, and such determination shall not
affect the validity and enforceability of any other remaining
provisions.
INTELLECTUAL
PROPERTY NOTICES. All contents of the Website are Copyright
2009 BoxCo Incorporated and/or its suppliers. All rights reserved.
Product and company names mentioned in the Website are the
trademarks of their respective owners.
ENTIRE
AGREEMENT. These Website Terms and Conditions, together with
those incorporated herein or referred to herein constitute the
entire agreement between us relating to the subject matter hereof,
and supersedes any prior understandings or agreements (whether oral
or written) regarding the subject matter, and may not be amended or
modified except in writing or by making such amendments or
modifications available on this Website.
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