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TERMS AND CONDITIONS OF USE
Terms and conditions for use for world wide web sites owned,
operated or controlled by Cook Manufacturing Corporation or any
of its Affiliates.
PLEASE READ CAREFULLY
By accessing, browsing and/or using the pages in any Site owned,
operated or controlled by Cook Manufacturing Corporation or any
of its Affiliates, including this Site, you agree to the terms
and conditions set forth here. If you do not agree, you should
not use this site. If you are currently a party to a separate,
written agreement with Cook Manufacturing Corporation or any of
its Affiliates that has terms that are inconsistent with these
Terms and Conditions of Use, the terms of that Agreement will
apply to matters that are within the scope of the Agreement.
ELECTRONIC COMMUNICATIONS
When you visit the CMC site or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications be in writing.
COPYRIGHT
All content included on the CMC site, such as text, graphics,
logos, button icons, images, audio clips, digital downloads,
data compilations, and software is the property of Cook
Manufacturing Corporation, its Affiliates, or their content
suppliers and is protected by United States and international
copyright laws. The compilation of all content on CMC Sites is
the exclusive property of Cook Manufacturing Corporation (or the
Affiliate identified in any copyright notice on the site) and is
protected by United States and international copyright laws.
USE
Viewing the CMC site creates a copy of Cook Manufacturing
Corporation materials in your computer's random access memory
and/or in your hard drive and/or in your proxy server. You are
hereby permitted to view this site and to print pages for your
own personal, noncommercial use, provided that you do not
modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer or sell
any information, material, software, printouts or services from
the CMC Site. The materials published on CMC Sites may not be
copied, distributed, republished, uploaded, posted or
transmitted in any way without the prior written consent of Cook
Manufacturing Corporation or its appropriate Affiliate.
DISPUTES
Any dispute between you and Cook Manufacturing Corporation
concerning this Site shall be submitted to final and binding
arbitration as the sole and exclusive remedy for such
controversy or dispute, provided, however, that CMC may commence
action against you in a court of law for infringement of Cook
Manufacturing Corporation’s intellectual property rights. Any
claim required to be submitted to arbitration shall be made by
filing a demand for arbitration within one (1) year following
the occurrence first giving rise to the claim. The right and
duty of the parties to resolve disputes by arbitration shall be
governed exclusively by the United States Federal Arbitration
Act and will take place according to the Commercial Rules of the
American Arbitration Association.
MODIFICATION TO TERMS AND CONDITIONS
Cook Manufacturing Corporation can revise the Terms and
Conditions at any time by modifying or updating this posting.
Your use of the CMC Site on or after the effective date of any
such modification or update will constitute your acceptance of
these Terms and Conditions as modified and/or updated.
SEVERABILITY
If any of these terms and conditions is deemed invalid, void or
unenforceable for any reason, that provision shall be deemed
severable and shall not affect the validity and enforceability
of the remaining terms and conditions.
TRADEMARKS
The trademarks, service marks and logos (the 'Trademarks') used
and displayed on the CMC site are registered and unregistered
Trademarks of Cook Manufacturing Corporation, its Affiliates and
others. Nothing on the CMC Site should be construed as granting,
by implication, estoppel or otherwise, any license or right to
use any Trademark displayed on the site without the prior
written consent of the Trademark owner. Power-Lift is one of the
registered and unregistered trademarks owned by Cook
Manufacturing Corporation and/or its Affiliates. CMC Trademarks
may not be used in connection with any product or service that
is not manufactured by or under license from Cook Manufacturing
Corporation or its appropriate Affiliate.
LINKS
Cook Manufacturing Corporation may include links to other sites
that contain information created, published, maintained or
otherwise posted by organizations independent of Cook
Manufacturing Corporation and its Affiliates. Cook Manufacturing
Corporation provides these links only as a convenience, and does
not endorse, approve, certify, maintain or control these
external sites and does not guarantee the accuracy,
completeness, efficacy, timeliness or correct sequencing of
information located at such sites. Stanley reserves the right to
remove these links at any time and without notice.
Other parties may provide links to Cook Manufacturing
Corporation. Cook Manufacturing Corporation does not require
third parties to obtain Cook Manufacturing Corporation consent
prior to linking to CMC Sites. Such links may not, however,
include frames or other features that distort, mischaracterize
or misrepresent the source or ownership of materials on CMC
Sites or disparage or are otherwise detrimental to Cook
Manufacturing Corporation. Cook Manufacturing Corporation
assumes no responsibility for the content of sites that include
links to CMC Sites, and makes no warranties or representations
whatsoever with respect to such sites. No materials may be
posted on CMC Sites without the express written permission of
Cook Manufacturing Corporation.
PRODUCTS AND PRICING
All products sold through CMC Sites are subject to the then
existing Terms and Conditions of Sale of the division or
Affiliate responsible for sales of such products. Links to these
Terms and Conditions can be found on the Service Center of the
relevant CMC Site. Terms and Conditions of Sale, product prices,
configurations and availability are subject to change at any
time by Cook Manufacturing Corporation.
DISCLAIMER
THE MATERIAL IN CMC SITES MAY INCLUDE TECHNICAL INACCURACIES OR
TYPOGRAPHICAL ERRORS. COOK MANUFACTURING CORPORATION MAY MAKE
CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE
MATERIALS IN THIS SITE ARE PROVIDED 'AS IS' AND WITHOUT
WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
COOK MANUFACTURING CORPORATION DISCLAIMS ALL WARRANTIES AND
CONDITIONS EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. COOK MANUFACTURING CORPORATION DOES
NOT WARRANT THE AVAILABILITY OF CMC SITES, THAT CMC SITES AND
YOUR USE OF CMC SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT CMC SITES OR THE SERVER(S)
THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER
HARMFUL COMPONENTS. COOK MANUFACTURING CORPORATION DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE
RESULT OF THE USE OF CMC SITES AND/OR THE MATERIALS IN STANLEY
SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS,
RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT COOK
MANUFACTURING CORPORATION) ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE RESTRICTION
MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS DO NOT PERMIT
LIMITATIONS OF IMPLIED WARRANTIES AND/OR DAMAGES. NOTHING IN
THIS SECTION SHALL AFFECT YOUR STATUTORY RIGHTS.
APPLICABLE LAW
By visiting the CMC Site, you agree that the laws of the State
of Oklahoma, United States of America, without regard to
conflict of law principals that would dictate selection of
another jurisdiction's laws, will apply to these Terms and
Conditions of Use and any dispute of any sort that may arise
between you and Cook Manufacturing Corporation.
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