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Acceptance of terms
Clear River Pecan Company ("CRP") makes this Web site (the
"Site"), including all information, documents, communications,
files, text, graphics, software, and products available through the
Site (collectively, the "Materials") and all services operated by
CRP and third parties through the Site (collectively, the
"Services"), available for your use subject to the terms and
conditions set forth in this document and any changes to this
document that CRP may publish from time to time (collectively, the
"Terms of Use").
By accessing or using this Site in any way, including, without
limitation, use of any of the Services, downloading of any
Materials, or merely browsing the Site, you agree to and are bound
by the Terms of Use.
CRP reserves the right to change the Terms of Use and other
guidelines or rules posted on the Site from time to time at its sole
discretion, and will provide notice of material changes on the home
page of the Site. Your continued use of the Site, or any Materials
or Services accessible through it, after such notice has been posted
constitutes your acceptance of the changes. Your use of the Site
will be subject to the most current version of the Terms of Use,
rules, and guidelines posted on the Site at the time of such use.
You should periodically check the "Terms of Use" link on the Site's
home page to view the then-current terms. If you breach any of the
Terms of Use, your authorization to use this Site automatically
terminates, and any Materials downloaded or printed from the Site in
violation of the Terms of Use must be immediately destroyed.
Intellectual property; limited license to users
The Materials and Services on this Site, as well as their selection
and arrangement, are protected by copyright, trademark, patent,
and/or other intellectual property laws, and any unauthorized use of
the Materials or Services at this Site may violate such laws and the
Terms of Use. Except as expressly provided herein, CRP and its
suppliers do not grant any express or implied rights to use the
Materials and Services. You agree not to copy, republish, frame,
download, transmit, modify, rent, lease, loan, sell, assign,
distribute, license, sublicense, reverse engineer, or create
derivative works based on the Site, its Materials, or its Services
or their selection and arrangement, except as expressly authorized
herein. In addition, you agree not to use any data mining, robots,
or similar data gathering and extraction methods in connection with
the Site.
Use of Services. When using Services on this Site that are
offered by CRP, you shall be subject to any posted guidelines,
rules, or licenses applicable to such Services and to the Terms of
Use. Such guidelines, rules, or licenses may contain terms and
conditions in addition to those in the Terms of Use.
In addition to the Materials and Services offered by CRP, this Site
also makes available materials, information, and services provided
by third parties (collectively, the "Third-Party Services"). The
Third-Party Services are governed by separate license agreements
that accompany such services. CRP offers no guarantees and assumes
no responsibility or liability of any type with respect to the
Third-Party Services, including any liability resulting from
incompatibility between the Third-Party Services and the Materials
and Services offered by CRP. You agree that you will not hold CRP
responsible or liable with respect to the Third-Party Services or
seek to do so.
Use of software. The software and accompanying documentation
that is made available to download from this Site is the copyrighted
and/or patented work of CRP and/or its suppliers. Use of the
software is governed by the terms of the license agreement that
accompanies or is included with such software. Such terms are
available for review and are incorporated herein by this reference.
You will not be able to download or install any software that is
accompanied by or includes a license agreement unless you agree to
the terms of such license agreement. If you do not agree to such
terms, you will not be able to use the software. Absent a license
agreement that accompanies the software, use of the software will be
governed by the Terms of Use. You agree that you will not decompile,
reverse engineer, or otherwise attempt to discover the source code
of the software available on the Site.
Use of CRP Content. Except as indicated to the contrary elsewhere on
this Site, you may view, download, and print the CRP Content
available on this Site subject to the following conditions:
1. The CRP Content may be used solely for personal, informational,
and internal purposes.
2. The CRP Content may not be modified or altered in any way.
3. The CRP Content on the Site may not be distributed or sold,
rented, leased, or licensed to others.
4. You may not remove any copyright or other proprietary notices
contained in the CRP Content.
5. CRP reserves the right to revoke the authorization to view,
download, and print the CRP Content on this Site at any time, and
any such use shall be discontinued immediately upon notice from CRP.
6. The rights granted to you constitute a license and not a transfer
of title.
Trademark information
The trademarks, logos, and service marks ("Marks") displayed on this
Site are the property of CRP or other third parties. You are not
permitted to use the Marks without the prior written consent of CRP
or such third party that may own the Marks. CRP and the CRP logo are
trademarks of CRP Systems Incorporated.
For a current list of CRP's Marks, as well as certain third-party
Marks, please refer to trademark information.
User conduct
In using the Site, including all Services and Materials available
through it, you agree:
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not to disrupt or interfere with any other
user's enjoyment of the Site or affiliated or linked sites;
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not to upload, post, or otherwise transmit
through the Site any viruses or other harmful, disruptive,
or destructive files;
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not to create a false identity;
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not to use or attempt to use another's
account, password, service, or system without authorization
from CRP;
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not to access or attempt to access any
content which you are not authorized to access;
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not to disrupt or interfere with the
security of, or otherwise cause harm to, the Site, or any
Services, Materials, system resources, accounts,
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passwords, servers, or networks connected to
or accessible through the Site or any affiliated or linked
sites.
Managing content and communications
Although it is not our intention to do so, CRP reserves the right,
in its sole discretion, to restrict, suspend, or terminate your
access to all or part of this Site, at any time if we have cause to
do so (including, without limitation, our good faith belief that you
have violated the Terms of Use) without prior notice or liability.
CRP may, but is not obligated to, monitor or review (i) any areas on
the Site where users transmit or post User Content, including but
not limited to areas where Services are available, or chat rooms,
bulletin boards, or other user forums; and (ii) the substance of any
User Content.
Use and protection of account number and password
You are responsible for maintaining the confidentiality of your
account number, account name, and/or password, if applicable. You
are responsible for damages resulting from all uses of your account
number, account name, and/or password, whether actually or expressly
authorized by you, unless access to your account number, account
name, and/or password was obtained through no fault or negligence of
your own.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT
BETWEEN YOU AND CRP OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH
PARTY'S MATERIALS OR SERVICES, THIS SITE, AND ALL MATERIALS AND
SERVICES ACCESSIBLE THROUGH THIS SITE, ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, CRP MAKES NO WARRANTY THAT (i) THE SERVICES
AND MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES AND
MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES
OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, OR MATERIALS PURCHASED OR
ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND
(v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM OR USED THROUGH THE
SITE, OR ANY DEFECTS IN THE SITE, ITS SERVICES, OR MATERIALS, WILL
BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES,
OR TYPOGRAPHICAL ERRORS. CRP MAY MAKE CHANGES TO THE MATERIALS AND
SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY
PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR
SERVICES AT THIS SITE MAY BE OUT OF DATE, AND CRP MAKES NO
COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) CRP DOES NOT CONTROL,
ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR
SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE, INCLUDING,
WITHOUT LIMITATION, THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE
THROUGH LINKS ON THE SITE; (ii) CRP MAKES NO REPRESENTATION OR
WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT,
PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH
THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) CRP SHALL NOT BE LIABLE
OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED BY
THIRD PARTIES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY
MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK
AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT
RESULTS FROM SUCH ACTIVITIES. CRP ASSUMES NO LIABILITY FOR ANY
COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO
YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR
MATERIALS OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CRP OR THROUGH OR FROM
THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST,
SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT
PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
International users
This Site can be accessed from countries around the world and may
contain references to CRP products, services, and programs that are
not available in your country. These references do not imply that
CRP intends to announce such products, services, or programs in your
country.
The Site is controlled, operated, and administered by CRP from its
offices within the United States of America. CRP makes no
representation that the Site, or the Services or Materials available
through it, are appropriate or available for use at other locations
outside the United States, and access to the Site from territories
where the Site or any of its Services or Materials are illegal is
prohibited. If you access the Site from a location outside the
United States, you are responsible for compliance with all local
laws. See the section on export control laws, below, for further
information.
Personal information and privacy
To learn about how CRP protects your personal information, such as
your name and address, refer to the CRP Online Privacy Policy.
Except as set forth in the Privacy Policy or in the Terms of Use,
your personal information will be deemed to be confidential. With
the exception of certain types of User Content, any non-personal
information or material sent to CRP will generally be deemed to NOT
be confidential. You understand and agree that we may disclose
information about you if we have a good faith belief that we are
required to do so by law or legal process, to respond to claims, or
to protect the rights, property, or safety of CRP or others, or as
stated in our Privacy Policy. Please be aware that your browser must
be enabled to accept cookies in order for you to use or to purchase
from the CRP online store.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL CRP,
ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR
CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER,
INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE,
DATA, OR PROFITS, WHETHER OR NOT CRP HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS
SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY
THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR
OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA,
FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE
THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR
LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE
LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
CRP User to User Forums
In addition to these Terms of Use, users of the CRP User to User
Forums must agree to a separate legal agreement located within the
Forums registration area of the Site. Your access to the User Forums
will be denied for violation of either the Terms of Use or the
agreement located within the Forums registration area of the Site.
In particular, you should be familiar with the Section titled
"PROHIBITED COMMUNICATIONS" in that agreement and conduct your
activities accordingly.
Notification of copyright infringement
CRP will, in appropriate circumstances, terminate the accounts of
users who infringe the intellectual property rights of others. If
you believe that your work has been used or copied in a way that
constitutes copyright infringement and such infringement is
occurring on this Site or on sites linked to from this Site, please
provide CRP's Copyright Agent a Notice containing the following
elements:
1. a physical or electronic signature of the person authorized to
act on behalf of the owner of the copyright interest that is alleged
to have been infringed;
2. a description of the copyrighted work or works that you claim
have been infringed and identification of what material in such
work(s) is claimed to be infringing and which you request to be
removed or access to which is to be disabled;
3. a description of where the material that you claim is infringing
is located on the CRP site;
4. information sufficient to permit CRP to contact you, such as your
physical address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the use
of the material identified in your Notice in the manner complained
of is not authorized by the copyright owner, its agent, or the law;
6. a statement by you that the information in your Notice is
accurate and, under penalty of perjury, that you are the copyright
owner or authorized to act on the copyright owner's behalf.
CRP's Copyright Agent for Notice of claims of copyright infringement
can be reached as follows:
By mail:
Copyright Agent
Clear River Pecan Company
138 E. Main Street
Fredericksburg, Texas 78624
By e-mail: copyright@icecreamandfun.com
THE COPYRIGHT AGENT SHOULD BE CONTACTED ONLY IF YOU BELIEVE THAT
YOUR WORK HAS BEEN USED OR COPIED IN A WAY THAT CONSTITUTES
COPYRIGHT INFRINGEMENT AND SUCH INFRINGEMENT IS OCCURRING ON THIS
SITE OR ON SITES LINKED TO FROM THIS SITE. ALL OTHER INQUIRIES
DIRECTED TO THE COPYRIGHT AGENT WILL NOT BE RESPONDED TO.
Forward-looking statements disclaimer
This Site may now, or hereafter from time to time, contain certain
statements or information with respect to (i) the projection of
CRP's revenues, income, earnings per share, capital expenditures,
dividends, capital structure, or other financial items; (ii) the
plans, objectives, and/or projections of CRP for future operations,
including those relating to the products or services of CRP; (iii)
CRP's future economic performance; (iv) assumptions underlying or
relating to any of the foregoing statements or information; and (v)
any other projections, estimates, or forward-looking statements. All
such statements and information are forward-looking statements
within the meanings of Section 27A of the Securities Act of 1933 and
Section 21E of the Securities Exchange Act of 1934. Such
forward-looking statements are based upon, or will be based upon,
CRP's judgment with respect to future events and are subject to a
number of uncertainties and risks that could cause actual results or
circumstances to differ materially from those expressed in the
forward-looking statements. CRP wishes to caution you that such
forward-looking statements are only predictions and that actual
events or results may differ materially. For further details and
information concerning the foregoing or CRP in general, please
consult the company's documents and reports now or hereafter on file
with the Securities and Exchange Commission, particularly CRP's most
recent Form 10-K and Form 10-Q, copies of which are available from
CRP on this Site at Investor Relations.
Export control laws; notice to U.S. government users
The export and re-export of CRP software products are controlled by
the United States Export Administration Regulations, and such
software may not be exported or re-exported to Cuba, Iran, Iraq,
Libya, North Korea, Sudan, Syria, or any country to which the United
States embargoes goods. In addition, CRP software may not be
distributed to persons on the Table of Denial Orders, the Entity
List, or the List of Specially Designated Nationals.
By downloading an CRP software product you are certifying that you
are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan,
Syria, or any country to which the United States embargoes goods,
and that you are not a person on the Table of Denial Orders, the
Entity List, or the List of Specially Designated Nationals.
All CRP products and publications are commercial in nature. The
software and documentation available on this Site are "Commercial
Items," as that term is defined at 48 C.F.R. §2.101, consisting of
"Commercial Computer Software" and "Commercial Computer Software
Documentation," as such terms are used in 48 C.F.R. §12.212 or 48
C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212
or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are licensed to U.S. Government end users (A) only as
Commercial Items and (B) with only those rights as are granted to
all other end users pursuant to the terms and conditions herein.
Indemnity and liability
You agree to indemnify and hold CRP, and its subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees, harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
content you submit, post to, or transmit through the Site
(including, without limitation, any User Content, or computer
viruses), your use of the Site, your connection to the Site, your
violation of the Terms of Use, the actions of any member of your
Work Group or your violation of any rights of another person or
entity.
Governing law and jurisdiction
This Site (excluding linked sites) is controlled by CRP from its
offices within the state of Texas, United States of America. By
accessing this Site, you and CRP agree that all matters relating to
your access to, or use of, this Site shall be governed by the
statutes and laws of the State of Texas, without regard to the
conflicts of laws principles thereof. You and CRP also agree and
hereby submit to the exclusive personal jurisdiction and venue of
the Superior Court of Jefferson County and the United States
District Court with respect to such matters.
Language
It is the express wish of the parties that the Terms of Use and all
related documents have been drawn up in English. C'est la volonté
expresse des parties que la présente convention ainsi que les
documents qui s'y rattachent soient rédigés en anglais.
General
The Terms of Use and other rules, guidelines, licenses, and
disclaimers posted on the Site constitute the entire agreement
between CRP and you with respect to your use of the Site. If for any
reason a court of competent jurisdiction finds any provision of the
Terms of Use, or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as
to effect the intent of the parties as reflected by that provision,
and the remainder of the Terms of Use shall continue in full force
and effect. Any failure by CRP to enforce or exercise any provision
of the Terms of Use or related right shall not constitute a waiver
of that right or provision. The section titles used in the Terms of
Use are purely for convenience and carry with them no legal or
contractual effect.
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Copyright Agent
Clear River Pecan Company 138 E. Main Street
Fredericksburg, Texas 78624 |
copyright@icecreamandfun.com
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