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AGREEMENT BETWEEN YOU AND CM Investment
The NeedleDepot.com Web Site is made up of various
Web sites and Web pages operated by CM Investment
Fribourg, Switzerland, or its affiliates (collectively,
the "Needle Depot.com Web Sites").
The NeedleDepot.com Web Sites are offered to
you conditioned on your acceptance without modification
of the terms, conditions, and notices contained
herein. Your use of the NeedleDepot.com Web Sites
constitutes your agreement to all such terms,
conditions, and notices.
PRIVACY AND PROTECTION
OF PERSONAL INFORMATION
See the Privacy
Statement for disclosures relating to the
collection and use of your personal information.
MEMBER ACCOUNT, PASSWORD,
AND SECURITY
If a particular NeedleDepot.com Web Site, or
any product or service offered on any NeedleDepot.com
Web Site requires you to open an account, you
must complete the registration process by providing
us with current, complete and accurate information
as prompted by the applicable registration form.
You then will choose a password and a user name.
You are entirely responsible for maintaining the
confidentiality of your password and account.
Furthermore, you are entirely responsible for
any and all activities that occur under your account.
You agree to notify NeedleDepot.com immediately
of any unauthorized use of your account or any
other breach of security. NeedleDepot.com or CM
Investment will not be liable for any loss that
you may incur as a result of someone else using
your password or account, either with or without
your knowledge. However, you could be held liable
for losses incurred by NeedleDepot.com or CM Investment
or another party due to someone else using your
account or password. You may not use anyone elses
account at any time, without the permission of
the account holder.
MODIFICATION OF THESE
TERMS OF USE
CM Investment reserves the right to change the
terms, conditions, and notices under which the
NeedleDepot.com Sites/Services are offered. You
are responsible for regularly reviewing these
terms and conditions and additional terms posted
on particular web sites. Your continued use of
the NeedleDepot.com Sites/Services constitutes
your agreement to all such terms, conditions,
and notices.
PERSONAL AND NON-COMMERCIAL
USE LIMITATION
Unless otherwise specified, the NeedleDepot.com
Sites/Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit,
display, perform, reproduce, publish, license,
create derivative works from, transfer, or sell
any information, software, products or services
obtained from the NeedleDepot.com Sites/Services.
Without the advance express written permission
of CM Investment, you may not meta-search
the NeedleDepot.com Sites/Services, send, or cause
to be sent, any automated queries of any sort
to the NeedleDepot.com Sites/Services, or use
the NeedleDepot.com Sites/Services in any commercial
manner.
LINKS TO THIRD PARTY
SITES
The NeedleDepot Sites/Services may contain images
of and links to third party Web sites ("Linked
Sites"). The Linked Sites are not under the
control of CM Investment and CM Investment is
not responsible for the contents of any Linked
Site, including without limitation any link contained
in a Linked Site, or any changes or updates to
a Linked Site.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the NeedleDepot.com
Sites/Services, you will not use the NeedleDepot.com
Sites/Services for any purpose that is unlawful
or prohibited by these terms, conditions, and
notices. You may not use the NeedleDepot.com Sites/Services
in any manner that could damage, disable, overburden,
or impair any NeedleDepot.com Site/Service(s)
(or the network(s) connected to any NeedleDepot.com
Site/Service(s)) or interfere with any other party's
use and enjoyment of any NeedleDepot.com Site/Service(s).
You may not attempt to gain unauthorized access
to any NeedleDepot.com Site/Service, other accounts,
computer systems or networks connected to any
NeedleDepot.com Site/Service, through hacking,
password mining or any other means. You may not
obtain or attempt to obtain any materials or information
through any means not intentionally made available
through the NeedleDepot.com Sites/Services.
USE OF SERVICES
CM Investment reserves the right at all times
to disclose any information as CM Investment deems
necessary to satisfy any applicable law, regulation,
legal process or governmental request, or to edit,
refuse to post or to remove any information or
materials, in whole or in part, in CM Investment's
sole discretion.
SOFTWARE AND CONTENT
AVAILABLE THROUGH THE NeedleDepot.com SITES/ SERVICES
All content and software (if any) that is made
available to view and/or download in connection
with the NeedleDepot.com Sites/Services is owned
by and is the copyrighted work of CM Investment
and/or its suppliers and is protected by copyright
laws and international treaty provisions. Your
use of the Software is governed by the terms of
the end user license agreement, if any, which
accompanies or is included with the Software ("License
Agreement"). You may not install or use any
Software that is accompanied by or includes a
License Agreement unless you first agree to the
License Agreement terms.
For any Software not accompanied by a license
agreement, CM Investment Corporation hereby grants
to you, the user, a revocable personal, non-transferable
license to use the Software for viewing and otherwise
using the particular NeedleDepot.com Site/Service
in accordance with these Terms of Use, and for
no other purpose provided that you keep intact
all copyright and other proprietary notices. Any
reproduction or redistribution of the content
and/or Software is expressly prohibited by law,
and may result in severe civil and criminal penalties.
Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING
OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO
ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION
OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You
acknowledge that the Software, and any accompanying
documentation and/or technical information, is
subject to applicable export control laws and
regulations of the USA. You agree not to export
or re-export the Software, directly or indirectly,
to any countries that are subject to USA export
restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE NeedleDepot.com
SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL
ERRORS. CHANGES ARE PERIODICALLY MADE TO THE NeedleDepot.com
SITES/SERVICES AND TO THE INFORMATION THEREIN.
CM Investment AND/OR ITS RESPECTIVE SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE NeedleDepot.com
SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA
THE NeedleDepot.com SITES/SERVICES SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.
CM Investment CORPORATION AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF
VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED WITHIN THE NeedleDepot.com
SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
ARE PROVIDED "AS IS" WITHOUT WARRANTY
OF ANY KIND. CM Investment AND/OR ITS RESPECTIVE
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE
EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT CM Investment SHALL
NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY
MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT
OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO
THROUGH AN NeedleDepot.com SITE/SERVICE. YOU SPECIFICALLY
AGREE THAT CM Investment IS NOT RESPONSIBLE OR
LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE,
OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY
OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS,
INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY
AGREE THAT CM Investment IS NOT RESPONSIBLE FOR
ANY CONTENT SENT USING AND/OR INCLUDED IN AN NeedleDepot.com
SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL CM Investment AND/OR ITS SUPPLIERS
BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE NeedleDepot.com SITES/SERVICES,
WITH THE DELAY OR INABILITY TO USE THE NeedleDepot.com
SITES/SERVICES OR RELATED SERVICES, THE PROVISION
OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE NeedleDepot.com
SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE
USE OF THE NeedleDepot.com SITES/SERVICES, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF CM Investment OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE NeedleDepot.com SITES/SERVICES,
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND
EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NeedleDepot.com
SITES/SERVICES.
CM Investment MAKES NO WARRANTY THAT ANY NeedleDepot.com
SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE
OR ERROR-FREE.
TERMINATION/ACCESS RESTRICTION
CM Investment reserves the right, in its sole
discretion, to terminate your access to any or
all NeedleDepot.com Sites/Services and the related
services or any portion thereof at any time, without
notice.
GENERAL
This agreement is governed by the laws of the
State of Florida, U.S.A. You hereby irrevocably
consent to the exclusive jurisdiction and venue
of courts in Broward, Florida, U.S.A. in all disputes
arising out of or relating to the use of the NeedleDepot.com
Sites/Services. You agree that no joint venture,
partnership, employment, or agency relationship
exists between you and CM Investment as a result
of this agreement or use of the NeedleDepot.com
Sites/Services. You agree to indemnify and hold
CM Investment, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim,
demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising
out of your use of or conduct on the NeedleDepot.com
Sites/Services. CM Investment reserves the right
to disclose any personal information about you
or your use of the NeedleDepot.com Sites/Services,
including its contents, without your prior permission
if CM Investment has a good faith belief that
such action is necessary to: (1) conform to legal
requirements or comply with legal process; (2)
protect and defend the rights or property of CM
Investment or its affiliated companies; (3) enforce
the terms or use; or (4) act to protect the interests
of its members or others. CM Investment's performance
of this agreement is subject to existing laws
and legal process, and nothing contained in this
agreement is in derogation of CM Investment's
right to comply with governmental, court and law
enforcement requests or requirements relating
to your use of the NeedleDepot.com Sites/Services
or information provided to or gathered by CM Investment
with respect to such use. If any part of this
agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely
matches the intent of the original provision and
the remainder of the agreement shall continue
in effect. Unless otherwise specified herein,
this agreement constitutes the entire agreement
between the user and CM Investment with respect
to the NeedleDepot.com Sites/Services and it supersedes
all prior or contemporaneous communications and
proposals, whether electronic, oral or written,
between the user and CM Investment with respect
to the NeedleDepot.com Sites/Services. A printed
version of this agreement and of any notice given
in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating
to this agreement to the same extent and subject
to the same conditions as other business documents
and records originally generated and maintained
in printed form.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the NeedleDepot.com Web Sites
are: Copyright (c)1962-2002 CM Investment and/or
its suppliers. All rights reserved.
TRADEMARKS. The names of actual companies and
products mentioned herein may be the trademarks
of their respective owners.
Any rights not expressly granted herein are reserved.
CM Investment BILLING
Charges on your Billing Account
CM Investment bills you through an online account
(your "Billing Account") for services
and items obtained under this Agreement (the "Products").
You agree to pay CM Investment all charges at
the prices then in effect for any Products ordered
by you or other persons (including your agents)
using your Billing Account, and you authorize
CM Investment to charge your chosen payment method
(your "Payment Method") for such Products.
You agree to make payment using that selected
Payment Method. Charges on your Billing Account
will be summarized for you online (your "Online
Statement"). You will have one Online Statement
per Billing Account. CM Investment reserves the
right to correct any errors or mistakes that it
makes even if it has already requested or received
payment.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE
INFORMATION FOR YOUR BILLING ACCOUNT IN ORDER
TO RECEIVE THE PRODUCTS ORDERED. YOU MUST PROMPTLY
UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT
CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE
IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT
CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY
CM Investment IF YOUR PAYMENT METHOD IS CANCELED
(E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE
OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE
UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME
OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE
MADE AT myAccount.
Currency exchange settlements will be based on
your Payment Method and may be determined by agreements
between you and the financial institution, credit
card issuer or other provider of your chosen Payment
Method (the "Payment Method Provider").
If CM Investment does not receive payment from
your Payment Method Provider, you agree to pay
all amounts due on your Billing Account upon demand.
Prices for all Products exclude all applicable
taxes and telecommunication charges, unless expressly
stated otherwise. To the extent permissible by
law, you agree to be responsible for any applicable
taxes and telecommunication charges, whether or
not such amounts are itemized on your Online Statement
or charged to your Billing Account or Payment
Method.
If the amount to be charged to your Billing Account
varies from the amount you preauthorized, you
have the right to receive, and CM Investment shall
so provide, notice of the amount to be charged
and the date of the charge at least 10 days before
the scheduled date of the transaction. Any agreement
you have with the Payment Method Provider will
govern your use of your Payment Method. You agree
that CM Investment may accumulate charges incurred
and submit them as one or more aggregate charges
during or at the end of each billing cycle.
Refund Policies
Subject to any withdrawal right you may have
under applicable law, charges are non-refundable
unless the price plan terms expressly say otherwise.
Except as otherwise required by law, the costs
of any returns if permitted will be at your expense.
©2002 CM Investment . All rights reserved.
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