Website Terms of Use
Effective Date: January 4, 2013
Welcome to the Core Molding Technologies, Inc. website (this “Website”). Please read these terms and conditions (“Terms of Use”) carefully, because they set forth the important terms you will need to know about this Website. In these Terms of Use, the terms “you” and “yours” refers to the person using this Website. The terms “we,” “our,” “us,” and “Core Molding Technologies” refer to Core Molding Technologies, Inc.
Use of this Website is governed by the Terms of Use below. By using this Website you agree to abide by these Terms of Use. If you do not agree with any of these Terms of Use, do not use this Website.
Core Molding Technologies, Inc. is a corporation organized under the laws of the State of Delaware with its corporate offices in Columbus, Ohio. The servers that host this Website are located in the United States, and any personal details you provide us will be processed by Core Molding Technologies in the United States. For information about the way in which we use, process and share personal information that we may obtain about you via this Website, please refer to our Website Privacy Policy, available at www.coremt.com. Core Molding Technologies expressly excludes any representation or warranty, express or implied, with respect to the information available on this Website. Core Molding Technologies makes no representation about any third-party websites that may be accessed via links from this Website. By using this Website, you agree that the law of the State of Ohio, without regard to its conflict of laws principles, will govern all matters between you and Core Molding Technologies with respect to your use of this Website.
Intellectual Property Rights
Ownership
All content, text, images, data, information and other material displayed, available or present on this Website (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of Core Molding Technologies, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Website is copyrighted unless otherwise noted, and may not be used without our written permission, except as otherwise provided in these Terms of Use.
Authorized and Prohibited Uses
You may download and print copies of the Content only for non-commercial use, informational use, and personal use, without modification or alteration in any way, and only so long as you comply with these Terms of Use and applicable laws. Except as may otherwise be expressly authorized by these Terms of Use, you may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without our prior written permission. If this Website permits the e-mailing of certain Content or a link through the use of an “e-mail to a friend” (or similar) icon, you may send that particular Content or link to others by e-mail, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
Registration and Passwords
We may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current, and complete. If Core Molding Technologies believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Website, and you are fully responsible for all activities that occur under your password(s). Core Molding Technologies shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Core Molding Technologies, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Website Administration
Access Arrangements and Fees
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by Core Molding Technologies in its discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.
Linking
Unless otherwise agreed upon between you and Core Molding Technologies, no link shall be made to any page of this Website except a direct link to the top page (www.coremt.com) without framing. In addition, any link to this Website must be immediately followed by notice to Core Molding Technologies via e-mail at info@coremt.com. Moreover, in the event Core Molding Technologies deems your linking practices in relation to this Website to be inappropriate, Core Molding Technologies may provide you with notice requesting removal or modification of the inappropriate link, and you agree to comply with any and all requirements of Core Molding Technologies relating thereto.
Access to Website
While it is Core Molding Technologies’ objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of Core Molding Technologies, access to the Website may be interrupted, suspended or terminated from time to time. Core Molding Technologies shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
Your Obligations
Compliance
You agree to comply with all applicable laws in connection with your use of this Website.
Unsuitable Content and Conduct
User shall not engage in conduct or submit to this Website any user-generated content, third-party content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive, or otherwise objectionable. User shall not cause damage, embarrassment or adverse publicity to Core Molding Technologies.
Functional Compatibility and System Abuse
You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of Core Molding Technologies with a virus or other malicious computer program. You will only use this Website for the permitted purposes stated in these Terms of Use, and will not engage in abusive activity with respect to this Website, or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Core Molding Technologies reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.
Your Cooperation and Notification
You agree to cooperate with all reasonable requests of Core Molding Technologies and will notify Core Molding Technologies promptly upon learning of any actual or suspected breach of these Terms of Use by you or unauthorized use or abuse of this Website.
Warranty Disclaimers
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. CORE MOLDING TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
CORE MOLDING TECHNOLOGIES’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH CORE MOLDING TECHNOLOGIES (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. CORE MOLDING TECHNOLOGIES AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH CORE MOLDING TECHNOLOGIES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CORE MOLDING TECHNOLOGIES HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, CORE MOLDING TECHNOLOGIES AND ITS VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. CORE MOLDING TECHNOLOGIES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE THAT MAY BE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF CORE MOLDING TECHNOLOGIES WILL BE LIMITED TO, IN THE SOLE DISCRETION OF CORE MOLDING TECHNOLOGIES, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY CORE MOLDING TECHNOLOGIES FROM YOU.
Indemnification
You agree to defend, indemnify and hold harmless Core Molding Technologies and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with your use of this Website, online conduct, breach of these Terms of Use, or dealings or transactions with other persons resulting from use of this Website.
Miscellaneous
Third Party Sites and Other Information
This Website may contain as a convenience to you, content, links and other information submitted by third parties over whom Core Molding Technologies has no control or responsibility, as well as translations thereof which Core Molding Technologies may arrange. Core Molding Technologies has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under Core Molding Technologies’ control, and you acknowledge that (whether or not such sites are affiliated in any way with Core Molding Technologies) Core Molding Technologies is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Core Molding Technologies or any association with its operators.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content contained in certain areas of this Website, it may be necessary for you to consent to policies or terms and conditions in addition to these Terms of Use. You should read carefully any such additional terms and conditions before making any use of such Content or areas of this Website. Any such terms will not vary or replace these Terms of Use regarding any use of this Website, unless otherwise expressly stated.
Website Privacy Policy
Core Molding Technologies is concerned about privacy and has developed a policy to address privacy concerns. You can find the current Website Privacy Policy at www.coremt.com (the “Website Privacy Policy”). The Website Privacy Policy is hereby incorporated into these Terms of Use by reference, and constitutes a part of these Terms of Use.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising out of or in connection with this Website or these Terms of Use (including without limitation the Website Privacy Policy), Core Molding Technologies and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution.
Core Molding Technologies has no obligation to become involved in any dispute between a user and any other person. This Website, these Terms of Use and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Ohio without regard to its conflict of law principles. Core Molding Technologies and you agree that all disputes arising under these Terms of Use shall be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and shall be resolved by confidential binding arbitration administered by the American Arbitration Association (“AAA”) in Columbus, Ohio, or another forum mutually agreed upon by you and Core Molding Technologies, pursuant to the Commercial Arbitration Rules (“Rules”) of the AAA by a sole arbitrator nominated by agreement of you and Core Molding Technologies and confirmed in accordance with the Rules. If AAA is not hearing consumer commercial disputes at the time, Core Molding Technologies may select another arbitral body in its sole discretion. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Core Molding Technologies is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms of Use pending a final arbitral decision.
Modification of Terms of Use, Etc.
These Terms of Use and the Privacy Policy referenced herein constitute the complete agreement between you and Core Molding Technologies with respect to their subject matter and supersede any prior agreement or communication. These Terms of Use are subject to change from time to time. Core Molding Technologies will endeavor to post a notice of any changes to these Terms of Use for a period of thirty (30) days following any such modifications. Therefore, you are advised to review these Terms of Use occasionally, or at least every thirty (30) days. Your continued use of this Website subsequent to Core Molding Technologies’ notice of modification of these Terms of Use shall constitute your acceptance of the modified Terms of Use. If any term or provision of these Terms of Use shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these Terms of Use, or the whole of these Terms of Use, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of you and Core Molding Technologies shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these Terms of Use. Your obligations pursuant to these Terms of Use shall survive termination of any use by you of this Website, any Content on this Website, or these Terms of Use.
Contact Information
If you have any questions regarding these Terms of Use or this Website, please contact us by email at info@coremt.com.
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