CARDINAL GLASS INDUSTRIES, INC.
Terms and Conditions
Governing a Visitor’s Use of the CardinalCorp.com Website and all Informational Services Provided via the Website Updated: April 21, 2014
Welcome to the CardinalCorp.com website (the “Website”). Cardinal Glass Industries, Inc. (“Cardinal”) has created and designed this Website for informational purposes about Cardinal and its products. Cardinal provides the Website to its Website visitors under specific Terms and Conditions (“Terms”). Please read these Terms carefully because they govern your use of the Website and they constitute an agreement between you and Cardinal. You, a Website visitor, are referred to as “you” (including the possessive form “your”) in these Terms. If you do not agree to these Terms, please do not use the Website.
When using the Website and any information or services provided by Cardinal via the Website, you will be subject to any updates and revisions to these Terms. Cardinal reserves the right, at Cardinal’s sole discretion and without prior notice to you, to update, amend, change, modify, add, or remove portions of these Terms at any time by posting the updated Terms, which may include new provisions requiring fees or additional fees for access to certain Content (as defined below in Section 1). Unless otherwise stated in writing by Cardinal, all updates to these Terms shall be effective immediately upon posting on the Website, and your continued use of the Website after the posting of any updates to these Terms constitutes your binding acceptance of such changes to the Terms. You acknowledge and agree that it is your responsibility to ensure that you are current and up-to-date in your understanding of and compliance with these Terms, notwithstanding whether or not Cardinal has posted any notice of updates to these Terms on the Website, and you acknowledge, understand, and agree that you must periodically check these Terms for updates and changes.
A. Content Defined.
The Website contains or may contain information and informational services, as well as a variety of materials and other items relating to Cardinal’s products and services, and similar items from our licensors and other third parties, including all layout, information, text, data, files, images, scripts, designs, graphics, button icons, instructions, illustrations, photographs, audio clips, music, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Website and the compilation, assembly, and arrangement of the materials of the Website and any and all other copyrightable material, including all source and object code, and including any copyrightable components of any logos, trademarks, service marks, trade names, company names, and trade identities of various parties, including those items owned by Cardinal and those owned by third parties and licensed to Cardinal for use on the Website, and other forms of intellectual property included in the Website, and/or in any other product or solution or service provided by Cardinal. All of the foregoing, including any information, services, solutions, products, and/or other services provided through the Website by Cardinal as the owner or as a licensee of such items is defined and referred to collectively in these Terms as “Content”.
B. Content Ownership.
The Website (including any past, present, and future versions) and the Content are owned by Cardinal or controlled by Cardinal through licenses granted to Cardinal by its licensors. All right, title, and interest in and to the Content available via the Website is the property of Cardinal or of our licensors, and is protected by U.S. federal copyright, trademark, patent, and/or trade secrets laws and by other federal and state intellectual property, and unfair competition laws. In addition to Cardinal’s copyright ownership of the Content, Cardinal owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Website. The phrase “Intellectual Property Rights,” as used in these Terms, means any and all rights belonging to Cardinal and existing under patent law, copyright law, semiconductor chip protection law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide, in any intellectual property, which includes, but is not limited to, patentable inventions, ideas, and processes, trade secrets, trademarks, trade names, copyrightable works, and any confidential information. As between you and Cardinal, Cardinal retains all its respective titles, interests, and ownership in the Website and the Content, and you understand and acknowledge that neither you nor any other Website visitor acquires any ownership in any Intellectual Property Rights regarding the Website or the Content under these Terms.
C. Limited License Granted to you.
Subject to your strict and ongoing compliance with these Terms, Cardinal grants you a limited, non-exclusive, revocable, non-assignable, and non-transferable license to use the Website for informational purposes while you are a visitor to the Website (the “Limited License”). The foregoing Limited License allows you to temporarily download, read, and peruse the Website for informational purposes and to send url-hyperlinks to Website pages to others, but it does not include the following activities and does not give you permission to engage in following activities in regard to Content: printing multiple copies of Content, cutting & pasting Content into other documents or files, publishing and distributing electronic or hardcopies of Content, framing Content on another website, or exercising any of Cardinal’s Intellectual Property Rights. In addition, the Limited License does not give you any ownership of, or any other intellectual property interest in, any Content, and Cardinal reserves the right to suspend or terminate your Limited License, at any time and for any reason, without any advance notice to you, and without any liability to you or anyone. All rights not expressly licensed to you under the Limited License are reserved by Cardinal. Any unauthorized use of any Content or the Website for any purpose is strictly prohibited.
D. No Licenses to Use Intellectual Property Assets.
You understand, acknowledge, and agree that, except as provided under the Limited License above or elsewhere in these Terms, nothing in these Terms shall be construed as granting you a license or any other rights to use any patent, trademark, copyright or other intellectual property asset of Cardinal or of any third party licensor of Cardinal. Any text, images, or logos used as trademarks and/or bearing the symbols ™, SM, or ® are common law or registered trademarks or service marks and are either owned by Cardinal or owned by third parties and licensed for use by Cardinal on the Website.
E. Rights of Others.
In using the Website, you must respect the rights of others. Your unauthorized use of Content may violate rights owned by Cardinal or its licensors, and/or your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws. If you make unauthorized use of Content owned by Cardinal or its licensors or of materials owned by a third party, your unauthorized use may result in personal liability for you, as well as potential criminal liability.
2. YOUR CONDUCT ON THE WEBSITE.
You hereby understand, acknowledge, and agree that you and any persons under your control and/or supervision who access the Website and the Content will not do any of the following: alter, modify, edit, amend, abridge, add to, delete from, adapt, repackage, or change any of the Content on the Website or the Website itself in whole or in part; and/or will not remove any notices of copyright, any watermarking, or any other proprietary notices or language referring to Cardinal’s ownership of the Content and the Website; and/or will not copy, reproduce, publish, distribute, or redistribute any of the Content, in whole or in part in any manner that violates the Limited License; and/or will not use or attempt to use the Website or the Content to invade the privacy of any person in violation of applicable state laws; and/or will not attempt to sell, resell, lend, lease, license, sublicense, assign, or otherwise transfer or attempt to transfer the Content, the Website, any permissions licensed under these Terms, or any intellectual property rights owned by Cardinal to any other person or entity; and/or will not decompile, disassemble, translate or reverse engineer any portion of the Website or the Content, or otherwise discover or duplicate any technology, routines, computer software, algorithms, methods or underlying ideas or designs or user interface techniques included in any portion of the Website or the Content; and/or will not monitor, gather, copy, or distribute such Content (except as may be a result of standard search engine or activity or use of a standard Internet browser) on the Website by using any robot, rover, “bot,” spider, scraper, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; and/or frame or use framing techniques to enclose any Content (including any images, text, or page layout) and display any Content within the frame on another website; and/or will not insert any code or product to manipulate Content in any way that affects, adversely or otherwise any other User’s experience with the Website; and/or make or attempt to make any commercial use or exploitation of the Website or any of the Content; and/or will not circumvent, disable or otherwise interfere with the security features of the Website or the Content, or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Content; and/or will not create or transmit unwanted electronic communications or “spam” to other users of the Website; and/or will not transmit any viruses, worms, defects, Trojan horses or other code sequence or routines of a destructive nature on the Website; and/or will not use the Website or the Content to violate the security of any computer network, to crack passwords or security encryption codes, or to transfer or store illegal material; and/or will not use any metatags or any other “hidden text” utilizing any Cardinal trademarks and/or use any device, software or routine that interferes with the proper working of the Website or the Content; and/or will not claim the Website or any of the Content as your property, your creation, or your work of authorship, in whole or in part; and/or will not contest or dispute Cardinal’s ownership of all Intellectual Property Rights in the Website and the Content; and/or will not engage in any activities through or in connection with the Website that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, salacious, injurious, violent, threatening, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to Cardinal; and/or will not use the Website and/or the Content, in whole or in part, in any manner not authorized by these Terms.
If you send any communications, information and/or materials to Cardinal, whether via e-mail, through the Website, or otherwise, including, but not limited to, your feedback, questions, comments, suggestions, ideas, graphics, drawings, sketches, electronic or digital files of any type (“Submissions”), you understand, acknowledge, and agree, that your Submissions are non-confidential.
B. License Granted to Cardinal
Further, unless you and Cardinal expressly agree to different terms in an agreement signed by both you and Cardinal, you understand, acknowledge, and agree that in and through your action of sending Submissions to Cardinal, you thereby expressly grant, or warrant that the owner of such Submissions has expressly granted, to Cardinal a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense, display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise exploit in any manner whatsoever, all or any portion of your Submissions for any purpose whatsoever, in all formats, on or through any media, software, formula, or medium now known or yet to be invented or developed in the future, and with and through any technology or devices now known or yet to be invented or developed in the future (“Submissions License”). Without limitation, the rights you are granting to Cardinal under the Submissions License include the rights to: (i) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and combine your Submissions with other materials, in whole or in part; and (ii) use any ideas, concepts, know-how, or techniques contained in Submissions for any purposes whatsoever, including developing, manufacturing, and marketing products and/or services; and (iii) remove your Submissions from the Website or from Cardinal’s communications systems and/or networks and/or servers at any time and for any reason in Cardinal’s sole discretion; and (iv) refrain from making any use of your Submissions. In order to further effect the rights you are granting to Cardinal under the Submissions License, you hereby waive any moral rights (including right of attribution and right of preservation of the integrity of Submissions) that you may have in any Submissions, even if such Submissions are altered or changed by Cardinal in a manner not agreeable to you. You understand that, unless you and Cardinal expressly agree to different terms in an agreement signed by both you and Cardinal, you will not receive any fees, sums, consideration, or remuneration for any of the rights granted under the Submissions License because, you understand and acknowledge, you are granting this Submissions License as a pre-condition to your use of the Website.
C. Your Responsibilities for Your Submissions
For each of your Submissions, you represent and warrant the following: (i) that you have a lawful right to make the Submission and to grant Cardinal the rights to it that you are granting under these Terms; and (ii) the Submission is truthful and accurate; and (iii) the Submission is not offensive, obscene, lewd, lascivious, salacious, violent, harassing, threatening, abusive, illegal, injurious, harmful to any other person, or otherwise objectionable; and (iv) the Submission does not and will not infringe any intellectual property or other right of any third party; and (v) the Submission will not violate these terms. Accordingly, based on your representations and warranties above, you understand, acknowledge, and agree that you shall indemnify and hold harmless Cardinal, its officers, directors, employees, agents, and representatives from, and, at your expense, shall defend Cardinal against, any loss, damage or expense (including reasonable legal costs) that Cardinal incurs or become liable for as a result of any breach by you of any of the representations and warranties you have made above in regard to any of your Submissions.
4. FUTURE CHANGES TO THE WEBSITE
Your use of the Website is currently free and unrestricted. However, Cardinal reserves the right, upon reasonable notice to you, to charge for access to some or all of the Website, to charge for access to certain premium functionality or Content on some or all of the Website, and/or to require a subscription or account registration to access some or all of the Website. Cardinal further retains the right to change the terms and conditions for accessing the Website or portions of the Website, and the right to restrict access to the Website or portions of the Website, in whole or in part, based on any lawful eligibility requirements Cardinal may elect to impose. Cardinal may modify, revalue, or make the registration free at its sole discretion without advance notice or liability. You understand and acknowledge that it is your responsibility to keep current with the Website’s fees as part of your responsibility to review Updates to these Terms.
You understand, agree, and acknowledge that Cardinal may amass, gather, aggregate, and archive non-personally identifiable information and demographic data regarding visitors to and users of the Website, including you, and users’ behavior on the Website and their activities in regard to the Website and the Content (“Data”). Cardinal may use and retain this Data for any purpose, including improving or modifying Content and the Website, without any compensation or royalty owed to you or to any other Website visitor.
6. LINKS TO THIRD-PARTY WEBSITES
The Website may contain hyperlinks to websites owned and controlled by third parties (“Links”). Cardinal provides such Links solely as a courtesy and for informational purposes. The content of websites located by such Links is not part of the Website and is not part of the Content on the Website. Cardinal does not review or control the content of any third-party websites located by Links. Consequently, by providing Links, Cardinal is not endorsing, adopting, sponsoring, contributing to, concurring with, or agreeing with any of the content on any of the websites located by the Links. Cardinal expressly disclaims any responsibility for the content of any third-party websites located by Links provided on the Website.
7. YOUR COMPLIANCE WITH LOCAL LAWS
The Website is operated from Cardinal’s offices in the State of Minnesota in the United States of America. Cardinal makes no representation that the Content is appropriate for or available for use at locations within jurisdictions outside of the United States. If you are accessing this site from a foreign location outside of the United States in which, under local laws of your foreign jurisdiction, this Website’s contents are illegal, then your continued access to the Website is prohibited. If you access this site from foreign locations within jurisdictions outside the United States, you are responsible for compliance with all local laws.
8. THIRD-PARTY COMPONENTS
You understand and agree that your use of any internet access device and/or all third-party hardware, software, services, telecommunications services (including Internet connectivity), or other items used by you to access the Website (“Third-Party Components”) are the sole and exclusive responsibility of you, including all costs of your use of such Third-Party Components, and that Cardinal has no responsibility of any kind for such Third-Party Components, for their costs or services or functionality, or for your relationships with such third parties. You agree that you shall at all times comply with the lawful terms and conditions of your agreements with such third parties. Cardinal does not represent or warrant that the Website and the Content are compatible with any specific third-party hardware or software or any other Third-Party Components. You are responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the Website.
9. NO OTHER WARRANTIES
CARDINAL’S REPRESENTATIONS AND WARRANTIES THAT ARE EXPRESSLY SET FORTH IN THESE TERMS ARE THE ONLY REPRESENTATIONS AND WARRANTIES PROVIDED BY CARDINAL WITH RESPECT TO THE WEBSITE AND THE CONTENT, AND ANY OTHER PRODUCT OR SERVICE PROVIDED BY CARDINAL VIA THE WEBSITE. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUBJECT ONLY TO THE EXPRESS WARRANTIES PROVIDED UNDER THE AGREEMENT, THE WEBSITE, THE CONTENT, AND ANY OTHER ITEMS OR SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS-IS,” AND “AS-AVAILABLE” BASIS. CARDINAL EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE FOLLOWING: ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; ANY WARRANTY REGARDING RESULTS OBTAINABLE OR TO BE OBTAINED BY YOU OR ANY USER AS A RESULT OF PROVISION OR USE OF THE WEBSITE AND/OR THE CONTENT; AND ANY WARRANTY OF UNINTERRUPTED OR ERROR-FREE OPERATION OF OR ACCESS TO THE WEBSITE AND CONTENT. CARDINAL RESERVES THE RIGHT TO MODIFY AND OR REMOVE ANY PORTION OF THE WEBSITE, THE PRODUCTS, AND/OR THE SERVICES, INCLUDING ANY CONTENT, AT ANY TIME, WITH OR WITHOUT NOTICE. NO ORAL OR WRITTEN INFORMATION BY CARDINAL OR ANY OTHER ENTITY OR PERSON SHALL CREATE ANY ADDITIONAL REPRESENTATION OR WARRANTY BY CARDINAL. CARDINAL DOES NOT REPRESENT, WARRANT, OR GUARANTY TO YOU OR ANY USER ANY PARTICULAR RESULTS TO BE ACHIEVED AS A RESULT OF YOUR USE OF THE WEBSITE, THE CONTENT, OR ANY INFORMATION OR SERVICES INCLUDED IN THE CONTENT. YOU UNDERSTAND AND ACKNOWLEDGE THAT CARDINAL HAS NO RESPONSIBILITY OR LIABILITY FOR ANY ACTION YOU TAKE OR FAIL TO TAKE BASED ON YOUR USE OF THE WEBSITE AND/OR THE CONTENT. CARDINAL IS NOT LIABLE FOR ANY DAMAGES THAT YOU OR ANOTHER USER MAY SUFFER ARISING OUT OF USE OR INABILITY TO USE THE WEBSITE AND/OR THE CONTENT.
10. WEBSITE DISCLAIMER
CARDINAL UNDERTAKES NO RESPONSIBILITY FOR, AND DISCLAIMS ALL LIABILITY ARISING FROM, ANY INABILITY OF YOU OR OTHER USERS TO ACCESS THE WEBSITE. CARDINAL PROVIDES ACCESS TO THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MAKES NO REPRESENTATION, WARRANTY, PROMISE, OR GUARANTY THAT THE WEBSITE WILL BE AVAILABLE OR FULLY OPERATIVE AT ANY TIME OR ON AN UNINTERRUPTED OR ERROR-FREE BASIS. THE WEBSITE MAY CONTAIN ERRORS, GLITCHES, BUGS, OR OTHER DEFECTS, AND YOU UNDERSTAND AND ACKOWLEDGE THAT YOUR SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF YOUR DISSATISFACTION WITH THE WEBSITE IS FOR YOU TO NOTIFY CARDINAL ABOUT YOUR DISSATISFACTION, IN WHICH CASE CARDINAL WILL REVIEW THE COMPLAINT WITH CARDINAL’S SUBJECT MATTER EXPERTS, AND/OR YOU MAY STOP USING THE WEBSITE.
11. CONTENT DISCLAIMER
ALTHOUGH CARDINAL ATTEMPTS TO PROVIDE HIGH QUALITY CONTENT, CARDINAL IS NOT RESPONSIBLE FOR ANY PERCEIVED FALSE, MISLEADING, INCOMPLETE, INACCURATE, OR OTHERWISE DEFECTIVE CONTENT. CONTENT IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY, AND CARDINAL IS NOT RESPONSIBLE FOR ANY RELIANCE UPON CONTENT BY YOU, BY ANY PERSONS SUBJECT TO YOUR EMPLOYMENT, CONTROL, AND/OR SUPERVISION WHO ACCESS THE WEBSITE AND THE CONTENT. THE CONTENT MAY CONTAIN SUBMISSIONS BY THIRD PARTIES THAT MAY BE PERCEIVED AS FALSE OR MISLEADING OR MAY BE PERCEIVED TO HAVE OTHER DEFECTS, AND CARDINAL IS NOT RESPONSIBLE FOR SUCH SUBMISSIONS. YOU UNDERSTAND AND ACKNOWLEDGE THAT YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDIES IN THE EVENT OF DISSATISFACTION WITH THE CONTENT IS FOR YOU TO NOTIFY CARDINAL ABOUT YOUR PERCEPTIONS OF THE CONTENT, IN WHICH CASE CARDINAL WILL REVIEW THE COMPLAINT(S) WITH SUBJECT MATTER EXPERTS, AND/OR YOU MAY STOP USING THE CONTENT AND/OR THE WEBSITE.
12. LIMITATION OF LIABILITY
IN NO EVENT WILL CARDINAL’S LIABILITY UNDER THIS AGREEMENT OR IN CONNECTION WITH THE CONTENT, THE WEBSITE, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED VIA THE WEBSITE, REGARDLESS OF THE CLAIM OR FORM OF ACTION, INCLUDE ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR CLAIMS FOR LOSS OF BUSINESS OR PROFITS, UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF CARDINAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. YOU UNDERSTAND AND ACKNOWLEDGE THAT CARDINAL’S MAXIMUM AGGREGATE LIABILITY TO YOU UNDER OR RELATING TO THIS AGREEMENT UNDER THEORIES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, REGARDLESS OF THE CAUSE OF ACTION, WILL NOT EXCEED AN AMOUNT, IN AGGREGATE, EQUAL TO THE FEES PAID BY YOU TO CARDINAL, IF ANY, IN THE TWELVE MONTHS PRIOR TO WHEN THE DAMAGES FIRST AROSE. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR RELATIONS WITH YOUR CLIENTS AND CUSTOMERS, AND THAT CARDINAL SHALL NOT BE LIABLE TO YOU OR TO ANY OF YOUR CLIENTS OR CUSTOMERS, UNDER ANY CIRCUMSTANCES, FOR ANY DISPUTE THAT ARISES BETWEEN YOU AND YOUR CLIENTS OR CUSTOMERS BECAUSE OF THE WEBSITE AND/OR THE CONTENT.
13. GENERAL PROVISIONS.
A. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Minnesota. Disputes arising under these Terms shall proceed through three levels of resolution, if necessary: negotiations between you and Cardinal, mediation, and court proceedings. Any dispute which arises under these Terms and cannot be resolved within ninety (90) days by good-faith negotiations between the parties must be submitted for a required one-day mediation procedure to take place within forty-five (45) days of submission in Minneapolis, Minnesota before a neutral mediator chosen either with the consent of both parties or by the American Arbitration Association (“AAA”). The mediator shall Minnesota law to the substantive issues and AAA rules of commercial mediation to the procedural issues of the dispute. If either party is unsatisfied with the resolution provided by the mediator, either party may file a claim in the appropriate state or federal court sitting in Minneapolis, Minnesota, and you hereby consent and absolutely agree to the jurisdiction of state and federal courts sitting in Minnesota for resolving any disputes arising under these Terms which cannot be resolved either by negotiations or by mediation between you and Cardinal.
(i) Cardinal’s Right to Injunctive Relief
The dispute resolution provisions of these Terms will not apply to any legal action taken by Cardinal to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Website, any Content, your Submissions and/or Cardinal’s Intellectual Property Rights, Cardinal’s operations, and/or Cardinal’s products or services.
(ii) Your Waiver of Injunctive or Equitable Relief
IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSSES, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE WEBSITE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT ORDER OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF THE WEBSITE, THE CONTENT, AND/OR ANY OTHER WEBSITE, CONTENT, SUBMISSIONS, UNSOLICITED IDEAS AND MATERIALS, PRODUCT, SERVICE, OR OTHER INTELLECTUAL PROPERTY OWNED, LICENSED, OR CONTROLLED BY CARDINAL (INCLUDING YOUR SUBMISSIONS) OR BY A LICENSOR OR LICENSEE OF CARDINAL.
B. Severability and Interpretation
If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from these Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms, which will remain in full force and effect. To the extent permitted by applicable law, you agree to waive, and you hereby waive, any applicable statutory and common law that may permit a contract to be construed against its drafter. Wherever the word “including” is used in these Terms, the word will be deemed to mean “including, without limitation”, and wherever singular or plural terms are used, the singulars contain and mean the plurals, and the plurals contain and mean the singulars.
C. Communications Whenever you communicate with Cardinal electronically, such as via e-mail, you consent to receive communications from Cardinal electronically. Please note that Cardinal is not obligated to respond to inquiries that it receives. You agree that all agreements, notices, disclosures, and other communications that Cardinal provides to you electronically satisfy any legal requirement that such communications be in writing.
D. Law Enforcement and Termination of Accounts or of the Website
Cardinal reserves the right, without any limitation, to investigate any suspected breaches of its Website security and/or Content security, to investigate any suspected breaches of these Terms, to investigate any information obtained by Cardinal in connection with reviewing law enforcement databases or complying with criminal laws, to involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, to prosecute violators of these Terms, and to discontinue the Website, in whole or in part, or to suspend or terminate your access to it, in whole or in part, including any accounts or registrations, at any time, without notice, for any reason and without any obligation to you or to any third party. Any suspension or termination will not affect your obligations to Cardinal under these Terms. Upon suspension or termination of your access to the Website, or upon notice from Cardinal, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Website. The provisions of these Terms, which by their nature should survive your suspension or termination will survive, including the rights and licenses you grant to Cardinal in these Terms.
E. Entire Agreement and Amendment
These Terms represent the entire agreement between you and Cardinal relating to the subject matter of the Website and the Content and shall not be modified except by Cardinal as provided herein or through a written document signed by both parties in advance of the modification. Accordingly, you understand, acknowledge, and agree that you have no right or authority to make any unilateral modification of these Terms without the advance written consent of Cardinal.
Updated: April 21, 2014
Cardinal Glass Industries, Inc. (“Cardinal”, “we”, “us” or “our”) is committed to compliance with all applicable laws regarding the preservation of online privacy of persons and their personal information. Further, Cardinal is committed to the belief that preserving your privacy is essential to your enjoyment and productive use of the CardinalCorp.com website as well as to the successful use of the internet.
What is personally identifiable information?
Personally identifiable information (“PII”) is information about you, such as your name, address, e-mail address, telephone number, user identification, and password, etc., if such information is required for your use of the Website.
How can I correct, access, and update my information?
Currently, Cardinal does not require you to submit any PII in order to use the Website. If, in the future, Cardinal requires you to register and create an account to access portions of the Website, we will provide you with instructions on how to create and edit a user profile.
How will Cardinal protect my personally identifiable information?
As stated above, currently, Cardinal does not require you to submit any PII in order to use the Website. If, in the future, Cardinal requires you to register and create an account to access portions of the Website, Cardinal will exercise care consistent with the best practices in the industry to protect your PII. This care will include, among other things, using industry standard techniques such as firewalls, encryption, intrusion detection, and Website monitoring.
When will Cardinal collect personally identifiable information?
Cardinal does not collect PII unless you voluntarily supply Cardinal with information. In general, Cardinal collects PII when you communicate with Cardinal via email or telephone, or when you purchase a Cardinal product. If you voluntarily provide PII, you consent to our collection and use of your PII as described in this Policy.
How does Cardinal use personally identifiable information?
Cardinal uses all of the information you provide, including some of your PII, internally to improve the services we provide to you. In general, we may use the information we collect to respond to a communication from you, to process, track, and fulfill your order; to communicate with you about the status of your order; to identify your product and service preferences; or to improve the effectiveness of the Website and our marketing efforts.
When does Cardinal disclose personally identifiable information?
Cardinal does not sell or rent PII collected through this Website, or through other channels of communication, to anyone. With your consent obtained in advance, Cardinal may, in some circumstances, share PII you voluntarily provide us with trustworthy business partners who provide goods and services to our users. In some special cases, Cardinal may disclose PII in response to a lawful court order, to comply with legal process, to protect and defend our rights or property, or to enforce our Terms and Conditions that govern your use of our Website Use.
What does Cardinal do with information which is not personally identifiable information?
Cardinal collects information which is not personally identifiable information (“Non-PII”) because our services are designed to track the behavior of visitors to our Website. Cardinal will use Non-PII to evaluate and improve the information and services we provide to you. Also, Cardinal may aggregate statistics about visitors to our Website, and about their behavior on our Website, in order to analyze trends and to improve our services, and Cardinal may share those statistics with third-parties, but such aggregated statistics will constitute Non-PII and will not include PII.
What are cookies and how does Cardinal use them?
The Website, like many other commercial websites, may use a standard technology called “cookies” to collect information about how our Website is used. Cookies are small strings of text that websites can send to your browser to identify your browser as one that has visited the Website before. Cookies cannot retrieve any other data from your hard drive and cannot or obtain your e-mail address or disseminate your PII.
Should I review the privacy policies on other websites?
The Website may contain links to other websites. While we seek to link only to websites that share our privacy compliance standards, we are not responsible for the privacy practices employed by other entities on other websites. Therefore, you should carefully review the privacy policies on any websites which you visit.