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TERMS OF SERVICE1. SERVICES AND CONDITIONS OF USECENTRAL PRODUCTS, INC. provides centralrestaurant.com, ("Central Products, Inc.'s website") and their services to you subject to the following conditions. If you visit or purchase at Central Products, Inc.'s website, you accept these conditions. CENTRAL PRODUCTS, INC. currently provides users with access to a rich collection of on-line resources, including, shopping services, personalized content, and various communications tools ("Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of a new Central Products, Inc.'s website, shall be subject to the Terms of Service. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Service. You understand and agree that Central Products, Inc.'s website is provided "AS-IS" and that CENTRAL PRODUCTS, INC. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications, data or personalization settings. 2. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you agree to: (a) abide by the rules that are posted for different sections; (b) uphold the local laws as applicable to your actions when viewing and posting content to the site; (c) honestly verify your age of consent on agreement forms; (d) access information only intended for your use; (e) check for updates and update notices of the rules and the Terms of Service on the main page and within pages on Central Products, Inc.'s website. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to (i) immediately notify CENTRAL PRODUCTS, INC. of any unauthorized use of your password or account or any other breach of security by e-mailing the CENTRAL PRODUCTS, INC. administrators, and (ii) ensure that you exit from your account at the end of each session if your computer will be used by others. CENTRAL PRODUCTS, INC. cannot and will not be liable for your failure to comply with this Section. In consideration of your use of Central Products, Inc.'s website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CENTRAL PRODUCTS, INC. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CENTRAL PRODUCTS, INC. has the right to suspend or terminate your account and refuse any and all current or future use of Central Products, Inc.'s website (or any portion thereof). CENTRAL PRODUCTS, INC. is concerned about the safety and privacy of all its users, particularly children. Our Service is available only to, and may only be used by individuals who can form legally binding contracts under applicable law (individuals 18 years of age or older). By registering for a CENTRAL PRODUCTS, INC. account you certify that you are at least 18 years old. 3. ELECTRONIC COMMUNICATIONS When you visit Central Products, Inc.'s website 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 or by posting notices on this site. 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. 4. CENTRAL PRODUCTS, INC. PRIVACY POLICY We do not sell or rent your personal information to third parties for their marketing purposes. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one or our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. 5. TRADEMARKS All content included on this site, such as text, graphics, logos, button icons, images and software) is the property of CENTRAL PRODUCTS, INC, Inc. or its content suppliers and is protected by U.S. and international copyright laws (unless previously public domain). The compilation (meaning the collection, arrangement and assembly) of all content on this site is the exclusive property of CENTRAL PRODUCTS, INC. and is protected by U.S. and international copyright laws. All operating software used on this site is the property of CENTRAL PRODUCTS, INC. or its suppliers and is protected by U.S. and international copyright laws. The content and software on this site may be used as a shopping resource. Any materials included in this site also may not be 'mirrored'. 6. LIMITATION OF LIABILITY AND WARRANTY This site is provided by CENTRAL PRODUCTS, INC. on an "as is" basis. CENTRAL PRODUCTS, INC. makes no representations or warranties of any kind, express or implied, as to the operation of the site or the information, content, materials, or products included on this site. To the full extent permissible by applicable law, CENTRAL PRODUCTS, INC. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. CENTRAL PRODUCTS, INC. shall not be liable for faulty, outdated, or otherwise inaccurate information on this site, including product editorials, product specifications or inventory status, and reserves the right to correct pricing errors and to change prices or discontinue products at any time. CENTRAL PRODUCTS, INC. will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages 7. LICENSE AND SITE ACCESS CENTRAL PRODUCTS, INC. grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CENTRAL PRODUCTS, INC.. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CENTRAL PRODUCTS, INC.. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CENTRAL PRODUCTS, INC. without express written consent. You may not use any meta tags or any other "hidden text" utilizing CENTRAL PRODUCTS, INC.'s name or trademarks without the express written consent of CENTRAL PRODUCTS, INC. You agree that you will not use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any Content (except for your information) from the site without the prior expressed written permission of CENTRAL PRODUCTS, INC.; (iii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the site. Any unauthorized use terminates the permission or license granted by CENTRAL PRODUCTS, INC.. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CENTRAL PRODUCTS, INC. so long as the link does not portray CENTRAL PRODUCTS, INC., or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CENTRAL PRODUCTS, INC. or other proprietary graphic or trademark as part of the link without express written permission. 8. RISK OF LOSS All items purchased from CENTRAL PRODUCTS, INC. are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. 9. PRODUCT DESCRIPTIONS CENTRAL PRODUCTS, INC. attempts to be as accurate as possible. However, CENTRAL PRODUCTS, INC. does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by CENTRAL PRODUCTS, INC. itself is not as described, your sole remedy is to return it in unused condition. 10. INDEMNIFICATION Customer agrees to indemnify and hold CENTRAL PRODUCTS, INC., their officers, directors, employees, representatives and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold CENTRAL PRODUCTS, INC., their officers, directors, employees, representatives and suppliers harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including, but not limited to, the Rules of Conduct or any information, software or other content placed on the Service by Customer. 11. TERMINATION OF SERVICE User may terminate this Agreement and User's right to use Central Products, Inc.'s website by writing to c-s@centralrestaurant.com. CENTRAL PRODUCTS, INC. may terminate your account or access rights at any time, without notice, for conduct that CENTRAL PRODUCTS, INC. believes violates this Agreement or other policies or guidelines that have been posted on a Central Products, Inc.'s website. CENTRAL PRODUCTS, INC. may terminate your account or access rights to this Service for online conduct that CENTRAL PRODUCTS, INC. believes is harmful to other Customers, to CENTRAL PRODUCTS, INC.'s business, or to other information providers. 12. INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 13. CHOICE OF LAW This Agreement shall be construed and controlled by the laws of the State of Indiana. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of Indiana. Customer agrees to exclusive personal jurisdiction by the courts sitting in Marion County, State of Indiana. 14. NOTICES Except as explicitly stated otherwise, any notices shall be given by email to the address you provide to CENTRAL PRODUCTS, INC. during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address in invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to CENTRAL PRODUCTS, INC. during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing. 15. MERGER CLAUSE This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between CENTRAL PRODUCTS, INC. representatives and you. CENTRAL PRODUCTS, INC. may amend or modify this Agreement or impose new conditions at any time upon notice from CENTRAL PRODUCTS, INC. to you, which are effective immediately after we post the changes on the site. Any use of the Service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions. In addition, when using particular services on the site, you agree that you are subject to any posted policies or rules applicable to services you use through the site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement. 16. GENERAL We do not guarantee continuous, uninterrupted or secure access to our Services, and operation of the site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by CENTRAL PRODUCTS, INC. in accordance with Section 14 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. 17. INTELLECTUAL PROPERTY COMPLAINT PROCEDURE If you believe that an item of content infringes your intellectual property in a material way, please notify admin@central-products.com and provide the following information for each allegedly infringing item of content: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) for copyright complaints, an identification of the copyrighted work claimed to have been infringed. For trademark complaints, proof of registration of the underlying mark, including registration number. For other proprietary right complaints, a list of allegedly infringed materials; (c) an identification of the specific item of content that you claim is infringing so that we may locate it on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright or other proprietary right owner, its agent, or the law.; (f) a statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 18. QUESTIONS / COMMENTS Send questions / comments by electronic mail to admin@central-products.com or letter delivered by first class postage to the following address: Central Products, Inc. 7750 Georgetown Road Indianapolis, IN 46268 |
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