CARPENTER TECHNOLOGY CORPORATION
GENERAL TERMS AND CONDITION OF SITE USE
Carpenter Technology Corporation ("Carpenter") operates the web site located at http://www.cartech.com (the "Site"), an on-line commerce and information service in which registered users ("Users") may learn about Carpenter and its specialty alloys, engineered products and other products and services and receive industry information and news services. Please read these General Terms and Conditions and Carpenter's Privacy Statement carefully. In order to become a User and utilize the Site, you must agree to comply with these General Terms and Conditions.
Eligibility. Only registered Users may access and use the full services of the Site. Carpenter reserves the right, at its sole discretion, to refuse or revoke use privileges on the Site, or to limit a User's ability to access information on the Site. Carpenter may terminate without prior notice the access of a User who breaches any of these General Terms and Conditions. To become a User, a person must register by completing the appropriate form.
Changes. From time to time, Carpenter may amend the General Terms and Conditions, and may add, delete, change or otherwise modify the services provided on the Site. Carpenter will post the amendments to the General Terms and Conditions on the Site, along with the effective date of any such amendment. All use of the Site after the effective date will be subject to the amended General Terms and Conditions.
General Rules of Site Use
1. Each User will select a User ID and a Password and agrees to keep its User ID and Password confidential at all times. No User may permit its User ID or Password to be used by a third party to access information through the Site.
2. No User may attempt, through the use of straw parties, aliases or other means to conceal such User's identity, to manipulate the data or transactions to which it has access or to otherwise take any actions Carpenter determines to be inconsistent with the intended use of the Site.
3. No User may attempt, through the use or introduction of any device, software or executable routine (including but not limited to any viruses, Trojan horses, worms, or other executable programs), to damage or interfere with the proper working of the Site.
4. Any and all information made available to the User on the Site (including, without limitation, technical information, alloy data sheets, material safety data sheets, scientific or technical studies or articles or product catalogs) is solely for each User's internal use. None of such information may be printed out, copied, downloaded or otherwise duplicated for the purpose of distribution to any third party or for any use that is not consistent with Carpenter's intended purpose for the Site. Carpenter acknowledges that individual Users may have a need to print out, copy or download selected portions of such information for appropriate use. Under no circumstances should complete or significant parts of any catalogs, compendia, compilations or similar works be duplicated. Carpenter will monitor the information being duplicated from the Site and will take immediate action to terminate such activities and to suspend the rights of the User involved. Carpenter reserves the right to take any and all other legal action or to seek any other remedies that may be appropriate in response to the improper use or misappropriation of its information.
5. Each User agrees that it is solely responsible for (i) evaluating and selecting any specialty alloy or other metal product for the User's use; (ii) establishing and maintaining the accuracy of the User's profile; and (iii) complying with these General Terms and Conditions.
The specific terms and conditions of use of the Site shall be solely governed by these General Terms and Conditions. CARPENTER PROVIDES THE SITE "AS IS" AND "AS AVAILABLE", WITHOUT ANY FURTHER WARRANTY, EXPRESS OR IMPLIED. NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, CARPENTER NEITHER MAKES, NOR ASSUMES ANY LIABILITY UNDER, ANY WARRANTY, EXPRESS OR IMPLIED, WHETHER OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, AND NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, MADE BY ANY SALES REPRESENTATIVE OR OTHER AGENT OR REPRESENTATIVE OF CARPENTER OR OTHERWISE CONTAINED ON THE SITE SHALL BE BINDING UPON CARPENTER. ALL USE OF THE SITE IS AT THE USER'S SOLE RISK. CARPENTER DOES NOT WARRANT THAT THE SERVICE WILL BE CONTINUOUS, UNINTERRUPTED AND/OR ERROR-FREE, OR THAT INFORMATION ON THE SITE WILL BE ACCURATE OR UP-TO-DATE. THE USER AGREES THAT IT IS USING THE SITE FOR ITS OWN CONVENIENCE AND THAT INFORMATION PROVIDED ON THE SITE WILL NOT BE DEEMED TO ALTER ANY OF CARPENTER'S OBLIGATIONS UNDER ANY SEPARATE AGREEMENT. THE USER'S SOLE REMEDIES AGAINST CARPENTER WITH RESPECT TO ANY GOODS SOLD OR SERVICES PROVIDED BY CARPENTER WILL BE THOSE SET FORTH IN THE APPLICABLE TERMS AND CONDITIONS OF SALE. IN NO EVENT SHALL CARPENTER BE LIABLE FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES OR CLAIMS OF ANY NATURE NOR FOR ANY CLAIMS FOR LABOR COSTS OR FAILURE OR DELAY IN DELIVERY.
Equipment and Connections. Each User is responsible for providing all equipment necessary to access the Internet and interact with the Site.
Compliance with Applicable Law. Each User agrees to comply with all applicable local, state, federal, and international laws, statutes, rules and regulations relating to User's use of the Site, including without limitation all applicable tariffs and trade laws.
Information Posted to Site. Each User is and agrees to be solely responsible for information that it submits through the Site. Each User agrees that the information it may submit through the Site shall not (i) infringe any third party's rights, including but not limited to patent, copyright, trademark, trade secret, or other proprietary rights; (ii) be obscene, indecent, defamatory, or violate any person's rights of publicity or privacy; or (iii) violate any applicable law, statute, rule or regulation, or constitute fraud. Each User agrees that Carpenter shall have no obligation to monitor the content on any links to other web sites from the Site.
Intellectual Property Rights. Each User acknowledges and agrees that all right, title and interest in the Site and any data developed and/or collected by Carpenter in connection with the operation of the Site shall be and remain solely the property of Carpenter. Carpenter shall use any such data only in accordance with the Privacy Statement. Any third party content published on the Site is the property of the respective copyright owners and may not be copied or distributed in any way by Users for commercial purposes.
Term and Termination. A User registration is unlimited in term. Notwithstanding the foregoing, Carpenter may at any time immediately terminate a User's registration, and all rights to access and use the Site, with or without prior notice to such User. Such notice, if made, shall be deemed effective if made via e-mail, facsimile, mail, overnight carrier, or courier. A User may at any time immediately terminate its registration, and all rights to access and use the Site, upon notice to Carpenter. Such notice may be made, and shall be deemed effective if made, via e-mail, facsimile, mail, overnight carrier, or courier.
Governing Law; Jurisdiction. Each User registration, and the General Terms and Conditions set forth herein, shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict of law provisions. Each User and Carpenter agree that any controversy or claim arising out of or relating to these General Terms and Conditions, whether with respect to use of the Site or sale of any products through the Site, or the relationship between each User and Carpenter shall be submitted and will be subject to the personal and exclusive jurisdiction of the courts located within Philadelphia, Pennsylvania.
Miscellaneous. This Agreement and the Privacy Statement which are incorporated by reference herein constitute the entire agreement and understanding between the parties with respect to the subject matter covered hereby and supersedes and replaces any and all prior written or verbal agreements. This Agreement may not be assigned or transferred to third parties by User without prior written permission from Carpenter. If any provision of this Agreement is held to be invalid or unenforceable, such determination shall not affect such provision in any other respect or any other provision of the General Terms and Conditions which shall remain in full force and effect.
The User hereby represents that it has read and understands the General Terms and Conditions, and that by executing this form, the User hereby agrees to the General Terms and Conditions set forth herein and as they may be amended and revised from time to time. Be sure to print out a copy of these General Terms and Conditions and the Privacy Statement for your records.