Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE PRIOR TO USING THIS SITE.
These Terms and Conditions govern your use of this web site and all applications, software, and services available on this web site (collectively, “Services”), except to the extent such Services are the subject of a separate agreement. If you do not agree to all of these Terms and Conditions, do not access or use this web site. By accessing, browsing, and/or using this web site you and the entity you are authorized to represent (“you” or “your”) acknowledge that you have read, understood and agree, without limitation, to be bound by these Terms and Conditions. These Terms and Conditions may be updated from time to time without prior notice to you. You should, therefore, periodically visit this page to determine the then-current Terms and Conditions to which you are bound.
This web site is provided by C.R. England and available only to entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If you do not qualify, you are not permitted to use this web site.
1. INTELLECTUAL PROPERTY
Unless otherwise indicated, all text, photographs, graphics, images and underlying source HTML files which implement the hypertext features of this web site (collectively, “material”) contained in this web site are the copyrighted property of C.R. England or its affiliates. Except as may be provided for below, or as otherwise agreed to, in advance, pursuant to a written agreement with C.R. England, no material on this web site, or any other Internet web site owned and/or maintained by C.R. England, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way and/or in any media.
Any and all intellectual property rights (“Intellectual Property”) associated with this web site and its material and contents (the “Content”) are the sole property of C.R. England, its affiliates, or third parties. The Content is protected by copyright and other laws in the United States. Elements of this web site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on this web site are trademarks, service marks, or trade dress (“Marks”) of C.R. England, its affiliates, or other entities that have granted C.R. England the right and license to use such Marks and may not be used or interfered with in any manner without the express written consent of C.R. England. Except as otherwise expressly authorized by these Terms and Conditions, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of this web site in any way without C.R. England’s or the appropriate third party’s prior written permission. Except as expressly provided herein, C.R. England does not grant to you any express or implied rights to C.R. England’s or any third party’s Intellectual Property.
C.R. England grants you a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use this web site, Content, and Services only in the manner presented by C.R. England and (b) access and use the C.R. England computer and network services offered within this web site (the “C.R. England Systems”) only in the manner expressly permitted by C.R. England. Except for this limited license, C.R. England does not convey any interest in or to the C.R. England Systems, information, or data available via the C.R. England Systems (the “Information”), Content, Services, web site or any other C.R. England property by permitting you to access this web site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold, or redistributed without the prior written consent of C.R. England. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit, or otherwise use the Content in any way, unless expressly permitted to do so by C.R. England.
Linking to any page of this web site other than to www.crengland.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with C.R. England. Any web site or other device that links to www.crengland.com or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that C.R. England or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with C.R. England or any of its affiliates, (e) presenting false information about C.R. England products or services, and (f) using any logo or mark of C.R. England or any of its affiliates without express written permission from C.R. England.
3. RESTRICTIONS ON USE
Where this web site permits or requests you to submit information or other communications on or through this web site, you expressly agree not to submit, upload, post, reproduce, distribute, or otherwise publish through this web site any content which: (a) is obscene, pornographic, libelous, defamatory, threatening, illegal, abusive, or otherwise objectionable, or that would constitute a criminal offense or violate the rights of any party; (b) is the subject of any other previously published material, written or electronic; (c) is false or misleading; or (d) otherwise gives rise to liability or violates any law. In the event any objectionable material is submitted, uploaded, posted, reproduced, distributed, or otherwise published through this web site, in violation of the foregoing, C.R. England reserves the right immediately to remove same without prior notice.
You further agree that: (i) you will not disguise the origin of information transmitted through this web site; (ii) you will not use or access any service, information, application, or software available via this web site in a manner not expressly permitted by C.R. England; (iii) you will not input or upload to this web site any information which contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, this web site, or Information or that infringes the Intellectual Property rights of another; (iv) certain areas of this web site are restricted to customers of C.R. England; (v) you may not use or access this website or the C.R. England Systems or Services in any way that, in the judgment of C.R. England, adversely affects the performance or function of the C.R. England Systems, Services, or this web site or interferes with the ability of authorized parties to access the C.R. England Systems, Services, or this web site; and (vi) you may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of C.R. England.
C.R. England does not accept any comments, suggestions, ideas, concepts, proposals, or other material through this web site (“Comments”). If any such Comments are submitted to us by you they will be treated as non-confidential. By submitting any Comments to us, you automatically grant us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed. Furthermore, C.R. England may use, without further permission, attribution, or payment of royalties, at its sole discretion, Comments submitted to us by you, for any purpose whatsoever, including but not limited to developing and marketing products and services.
5. DISCLAIMER OF WARRANTIES
ALL C.R. ENGLAND SYSTEMS, SERVICES, INFORMATION, AND CONTENT AVAILABLE THROUGH THIS WEB SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C.R. ENGLAND DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE C.R. ENGLAND SYSTEMS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. C.R. ENGLAND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE C.R. ENGLAND SYSTEMS, SERVICES, INFORMATION, OR CONTENT IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (NOT C.R. ENGLAND) ASSUME ALL RISK AND THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL C.R. ENGLAND BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE C.R. ENGLAND SYSTEMS, SERVICES, INFORMATION, AND/OR CONTENT IN THIS WEB SITE, EVEN IF C.R. ENGLAND OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL C.R. ENGLAND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree that C.R. England, in its sole discretion, may terminate or suspend your use of this web site, the C.R. England Systems, Information, Services, and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, you must immediately (a) discontinue use of this web site and (b) destroy any copies you have made of any portion of this Content. Accessing this web site, the C.R. England Systems, Information, or Services after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that C.R. England shall not be liable to you or any third party for any termination or suspension of your access to this web site, the C.R. England Systems, Information, and/or the Services.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Any dispute arising out of or relating to your use of the website, or these terms or conditions, shall be brought exclusively in the state or federal courts of Utah, and you agree to be subject to the personal jurisdiction of the same.