CORKEN Terms
and Conditions of Access
Welcome to CORKEN (this "Site"), a
web site maintained by CORKEN. CORKEN is a business unit of IDEX Corporation. IDEX Corporation and its
business units are collectively referred to as "us",
"our" or the "Company" in these Terms and Conditions of
Access.
These Terms and Conditions of Access set forth the terms and conditions
under which users are authorized to have access to and use this Site.
ACCEPTANCE
Any use of this Site by you conclusively indicates that these Terms and
Conditions of Access have been reviewed and accepted by you. If you do not
agree with any of the provisions of these Terms and Conditions of Access,
you should not use this Site.
CONTENT
The content of this Site ("Content") is the property of the
Company, and all right, title and interest in all Content belongs solely to
the Company. You may access and use Content for any legitimate business
purpose; provided, however, that you may not use this Site or any Content
for any purpose prohibited by the Company, in its sole discretion, upon
notice of such prohibited purpose from the Company. Any access or attempt to
access other areas of any computer equipment on which this Site is located
or other information contained on such computer equipment for any purpose is
prohibited.
INTELLECTUAL PROPERTY RIGHTS
The Company owns and operates this Site. Unless identified with the
designation "Copy Free", all names, titles, logos, and designs
identifying the products and brands of the Company, including any derivative
and related names, titles, logos and designs, appearing in this Site, are
trademarks of the Company and its sole property. Any other names, titles,
logos and designs appearing on this Site are the property of their
respective owners.
This Site contains copyrighted material, trademarks and other proprietary
information, including, but not limited to, text, photographs, graphics,
images, illustrations and software, and the entire Content is protected by
copyright as a collective work and/or compilation under the United States
copyright laws, international conventions and other copyright laws. The
Company owns a copyright in the Content original and in the selection,
coordination, arrangement and enhancement of all Content.
Any reproduction, modification, publication, transmission,
retransmission, framing, misuse, misappropriation, unauthorized use,
transfer, sale, distribution, performance, display, creation of a derivative
work or any other exploitation of any Content, in whole or in part, without
the express written consent of the Company is strictly prohibited.
Notwithstanding the foregoing, any user of this Site is granted a limited
license to download Content for personal use only provided that all
copyright and other notices in any downloaded Content are maintained. By
downloading Content, the user agrees and acknowledges that the user does not
acquire any ownership or other use rights to any Content or this Site by
downloading such Content. Except as expressly authorized above, nothing
contained in this Site or these Terms and Conditions of Access shall be
construed as conferring, by implication, estoppel or otherwise, any license
or right under any patent, trademark, copyright or other property right of
the Company or any third party.
Individual documents published by the Company on this Site may contain
other proprietary notices and copyright information specific to such
individual document. Any product, process, or technology in such individual
documents may be the subject of other intellectual property rights reserved
by the Company or a third party and are not to be licensed under these Terms
and Conditions of Access.
If you are interested in using any Content in any manner except as
expressly authorized above, you should contact the Company for information
on licensing.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
Neither the Company nor any of its affiliates, officers, directors,
employees, third party content providers, licensors, agents or
representatives makes any warranty or representation of any kind, either
express or implied, with respect to this Site, any Content or any products
or services offered through this Site, including, but not limited to, any
warranty that this Site will be operable, uninterrupted, virus free or error
free, any warranty of title, any warranty of privacy, any warranty of
dependability, accuracy, timeliness, authenticity, completeness or
reliability, or any warranty of merchantability or fitness for a particular
purpose.
By using this Site, you acknowledge and agree that this Site and all
Content are provided on an "as is, where at" basis without any
warranty or representation of any kind, either express or implied, with
respect to this Site, any Content or any products or services offered
through this Site, including, but not limited to, any warranty that this
Site will be operable, uninterrupted, virus free or error free, any warranty
of title, any warranty of privacy, any warranty of dependability, accuracy,
timeliness, authenticity, completeness or reliability, or any warranty of
merchantability or fitness for a particular purpose.
In no event will the Company or any of its affiliates, officers,
directors, employees, third party content providers, licensors, agents, or
representatives be liable to any person or entity for damages of any nature
whatsoever arising out of or in connection with the use of this Site or any
linked web site. This is a comprehensive limitation of liability that you
agree is fair and reasonable concerning your use of this Site and applies to
all harm, liabilities, injuries, losses, damages, costs and expenses of any
kind whatsoever, including, but not limited to, direct, indirect,
incidental, special, compensatory, or consequential damages, regardless of
how same arise, whether in tort, negligence, statute, contract, common law,
equity or otherwise, and whether for or in connection with loss of programs
or data, loss of income, revenues or profits, loss of anticipated sales,
loss of opportunity, business interruption, failure to realize expected
savings, damage to person or property, claims of third parties or otherwise.
LINKS
This Site may from time to time be linked to other web sites. The Company
is not responsible for any content contained on any web site that is not
maintained by the Company. No link from this Site to a third party web site,
or from a third party web site to this Site, is an endorsement, sponsorship
or recommendation by the Company of such third party web site. The Company
will have no liability to users arising from any link from a third party web
site to this Site or from this Site to a third party web site.
INFORMATION PROVIDED
All comments, graphics, ideas and other information you provide to the
Company through this Site will become the property of the Company without
any compensation to the user. To the extent you are requested to provide any
information to the Company while using this Site, you represent and warrant
that such information will be accurate and complete in all respects.
INFORMATION COLLECTED
The Company may collect information about you and your use of this Site
(including, but not limited to, your name, email address, street address and
telephone number, credit card information, and length of time spent by you
on this Site) for many purposes. You consent to the Company's use of such
information for any lawful purpose. Any personally identifiable information
you provide through this Site (e.g., information that can identify the user,
including, but not limited to, your name, email address, street address,
telephone number, employer and occupational title) will be subject to the
Privacy Policy posted on this Site.
MISUSE OF INFORMATION
The Company uses precautions to protect information provided by you to
the Company through this Site from misuse or unauthorized disclosure in
accordance with the Privacy Policy posted on this Site. However, the Company
does not guarantee that any such information is secure from misuse or
unauthorized disclosure, and the Company will not have any liability to you
for any misuse or unauthorized disclosure of such information.
INDEMNIFICATION AND HOLD HARMLESS
You understand and expressly agree that all access to and use of this
Site is at your sole risk.
You will indemnify and hold harmless the Company from and against all
harm, liabilities, injuries, losses, damages, costs and expenses incurred by
the Company (including, but not limited to, fees and disbursements of
counsel to the Company) in connection with your access to or use of this
Site or any Content, except to the extent such harm, liabilities, injuries,
losses, damages, costs or expenses are due solely to the negligence of the
Company.
You agree that you shall not take any action against the Company or any
of its affiliates, officers, directors, employees, third party content
providers, licensors, agents, or representatives in any connection with any
matter relating to or arising out of your access to or use of this Site.
TERMINATION AND MODIFICATION
CORKEN may terminate this Site and modify any Content
at any time, in each case, without notice to you and without liability to
you for such termination or modification.
NOTICES
You may send notices to CORKEN at P.O. Box 12338, Oklahoma City, OK 73157.
Any such notice will be effective upon actual receipt by the
Company. The Company may send notices to you through email,
regular mail or a posting on this Site. Any such notice will
be effective upon actual receipt by you in the case of email
or regular mail or upon posting in the case of posting on
this Site.
MISCELLANEOUS
These Terms and Conditions of Access (a) may be amended by CORKEN at any time without notice to you, (b) inure to the benefit of
and are binding upon you and the Company and each of your and the Company's
successors and assigns, except that you may not assign any of your
obligations under these Terms and Conditions of Access without the written
consent of CORKEN, (c) shall be governed by, and
interpreted and enforced in accordance with, the internal law of the State
of OK
without regard to principles of conflict of laws, and (d) constitute the
entire agreement and understanding between you and the Company with respect
to your access to and use of this Site and supersede all prior oral and written
proposals, representations, understandings and agreements.
You and the Company will submit all disputes in connection with any matter
relating to or arising out of your access to or use of this Site exclusively
to a federal or state court located in Oklahoma City, OK, and you consent to
the jurisdiction of such court for such dispute and acknowledge such court
to be a proper venue for such dispute.
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