Terms & Conditions
LAST UPDATE: August, 2020
ACCEPTANCE OF CONTRACT TERMS
THIS WEBSITE IS OWNED AND OPERATED BY CHROMAFLO TECHNOLOGIES CORP AND ITS AFFILIATES (“CHROMAFLO TECHNOLOGIES”, “WE”, “OUR”, AND “US”). ACCESS AND USE OF THIS WEBSITE AND ITS RELATED SERVICES AND WEB PAGES (COLLECTIVELY, THE “SITE”) ARE PROVIDED BY CHROMAFLO TECHNOLOGIES TO YOU ON CONDITION THAT YOU ACCEPT THESE TERMS AND CONDITIONS.
These Terms and Conditions, the Privacy Policy [LINK], and all other documents referenced herein govern the relationship between you, the Site visitor (“you”) and Chromaflo Technologies with respect to your use of the Site. You agree that the agreement formed by these Terms and Conditions is like any written negotiated agreement signed by you. You represent and warrant that you have all necessary right, power, and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations.
We reserve the right at any time to change: (i) these Terms and Conditions; (ii) this Site, including terminating, eliminating, supplementing, modifying, adding, or discontinuing any content or feature or data or service on or available through this Site or the hours they are available; and (iii) the equipment, hardware or software required to use and access this Site. Any changes we make to these Terms and Conditions will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this Site. Your continued use of this Site after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms and Conditions.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE.
The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Chromaflo Technologies from its offices within the United States. Chromaflo Technologies makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of Ohio, USA.
DISCLAIMER
Chromaflo Technologies shall have no liability for interruptions or omissions in Internet, network, or hosing services, and does not warrant that the Site or the services which make this Site available or electronic communications sent by Chromaflo Technologies are free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this Site is done at your own risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
USE RESTRICTIONS
The copyright in all material provided on this Site is owned by Chromaflo Technologies or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Chromaflo Technologies or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Chromaflo Technologies’ permission, “mirror” any material contained on this Site onto any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner which could damage, disable, overburden, or impair any web site(s) (or the network(s) connected to any web site(s)) or interfere with any other party’s use and enjoyment of any web site(s). You may not attempt to gain unauthorized access to any web site, other accounts, computer systems or networks connected to any web site, 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 Site.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than those permitted by the Terms and Conditions provided herein. Any unauthorized access to this Site is considered trespass and therefore, is strictly prohibited. You also agree not to deep-link to the Site for any purpose, unless expressly authorized by Chromaflo Technologies to do so.
LINKS TO THIRD PARTY SITES
This Site may contain links to third party web sites (“Linked Sites”). The Linked Sites are not under the control of Chromaflo Technologies and Chromaflo Technologies 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. Chromaflo Technologies is not responsible for webcasting or any other form of transmission received from any Linked Site nor is Chromaflo Technologies responsible if the Linked Site is not working appropriately. Chromaflo Technologies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Chromaflo Technologies of the Linked Site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.
Any dealings with third parties (including advertisers) included within the Site or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. Chromaflo Technologies shall not be responsible or liable for any part of any such dealings or promotions.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
This Site allows you to open a member account, therefore you must complete the required registration form and provide any additional information requested by Chromaflo Technologies. If approved by Chromaflo Technologies, in their sole discretion, you will be given a password and a user name. You are entirely responsible for maintaining the confidentiality of your password secure account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Chromaflo Technologies immediately of any unauthorized use of your account or any other breach of security. Chromaflo Technologies 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 Chromaflo Technologies or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder
USER CONTRIBUTIONS
The Site may allow you to submit, communicate, upload, or otherwise make available ideas, suggestions, messages, documents, proposals, photographs, audio, video, and other content (“User Content”), which may be accessible and viewable by other users of the Site and used by Chromaflo Technologies in providing you services and products. You alone are responsible for your User Content, and once published, it cannot always be withdrawn. You assume all risks associated with your User Content, including anyone’s reliance on its accuracy and your right to publish it. You represent that you own, or have the necessary permissions to use and authorize the use of your User Content as described herein. You may not imply that your User Content is in any way sponsored or endorsed by Chromaflo Technologies.
You may not submit or upload User Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, lewd, offensive, indecent, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected harm any person or entity (such User Content, “Offensive User Content”), whether or not such material is protected by law. You agree that you will not use your Account or any Site to publish or disseminate, or allow any other person to use your Account to publish, republish, or disseminate, any Offensive User Content, nor us profanity in any posting to any Site.
You may also expose yourself to liability to Chromaflo Technologies or third parties if, for example, you hold an Account and User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation. If you comment about an experience with Chromaflo Technologies or any third party, or write defamatory or inflammatory comments through the Site (or repeat, copy, or redistribute the defamatory or inflammatory comments of others), you could also expose yourself to liability.
We may use your User Content in a number of different ways, including publicly displaying and reformatting it. As such, you hereby irrevocably grant us world-wide, non-exclusive, royalty-free, transferable rights to use your User Content for any purpose associated with the operation of the Site and for our internal tracking, reporting, and data analysis purposes, without limit as to time, manner, and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity. You also irrevocably granter the users of the Site the right to access your User Content in connection with their use of the Site. Finally, you irrevocably waive, and cause to be waived, against Chromaflo Technologies and its users, any claims and assertions of moral rights or attribution with respect to User Content. By “use” we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of User Content.
We reserve the right to remove, screen, edit, or reinstate your User Content from time to time at our sole discretion and without notice to you. By submitting User Content to Chromaflo Technologies through its suggestion or feedback webpages, via email, or otherwise, you acknowledge and agree that: (a) User Content does not contain confidential or proprietary information; (b) Chromaflo Technologies may have something similar to the User Content already under consideration or in development; (c) We have no obligation to retain or provide you with copies of user Content, nor do we guarantee any confidentiality with respect to your User Content.
TERMINATION/ACCESS REGISTRATION
Chromaflo Technologies reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. Chromaflo Technologies may also terminate or suspend your access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by Chromaflo Technologies. Upon termination of the Site, your right to use the Site immediately ceases. Chromaflo Technologies shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.
LIMITATION OF LIABILITY
THE INFORMATION AND SOFTWARE INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE SITE AND TO THE INFORMATION THEREIN. CHROMAFLO TECHNOLOGIES AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. CHROMAFLO TECHNOLOGIES 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, AND RELATED GRAPHICS CONTAINED WITHIN THE SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
CHROMAFLO TECHNOLOGIES AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, 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 CHROMAFLO TECHNOLOGIES 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 THE SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CHROMAFLO TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR FOR ERRORS OR OMISSIONS ON THIS SITE OR IN ANY LINKED SITE, EVEN IF CHROMAFLO TECHNOLOGIES OR A CHROMAFLO TECHNOLOGIES AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
DISCLAIMER OF WARRANTIES
The Site and any references to products and/or services are provided “as is” without any warranty or implied term of any kind. Chromaflo Technologies products are sold under specific purchase agreements which set forth all terms and conditions of the sale, including warranty terms and exclusions. You should carefully read your sale agreement, especially the limited express warranties which Chromaflo Technologies makes in your agreement. Chromaflo Technologies disclaims and excludes any and all express and implied warranties for your product and/or services which are not set forth in your sale agreement whether or not information on the product appears in the Site. THE EXCLUDED WARRANTIES, INCLUDE BUT ARE NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Chromaflo Technologies also disclaims and excludes any liability for incidental or consequential damages. Some states (or jurisdictions) do not allow certain of these exclusions, so certain of these exclusions may not apply to you.
GENERAL
This agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Ashtabula County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree to indemnify and hold Chromaflo Technologies, 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 Site.
Chromaflo Technologies reserves the right to disclose any personal information about you or your use of the Site, including its contents, without your prior permission if Chromaflo Technologies 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 Chromaflo Technologies or its affiliated companies; (3) enforce the Terms and Conditions; (4) act to protect the interests of its members or others; or (5) comply with conditions outlined in Chromaflo Technologies’ Privacy Policy. Chromaflo Technologies’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Chromaflo Technologies’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Chromaflo Technologies 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 Chromaflo Technologies with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Chromaflo Technologies with respect to the Site.
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.