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Terms
and Conditions of Use
Feel free
to browse the Site, but please read these terms and
conditions before doing so.
Cluster
Solutions, Inc.(herein "CSI") is the manufacturer
and distributor of Clustered Water products. CSI maintains
this site ("the Site") for your personal
entertainment, information, education and communication.
This Site contains many of the valuable trademarks,
names, titles, logos, images, designs, copyrights
and other proprietary materials owned and registered
by CSI and used worldwide (the "Trademarks").
Your access
to and use of the Site is subject to the following
terms and conditions ("Terms and Conditions").
CSI may revise these Terms and Conditions at any time
by updating this posting. You are bound by any such
revisions and should therefore periodically visit
this page to review the then current Terms and Conditions
to which you are bound.
By accessing
and browsing the Site, you signify your acceptance
of these Terms and Conditions without limitation or
qualification. If you do not agree to these Terms
and Conditions, then please do not use the Site.
Terms and Conditions.
1. You should assume that all materials, designs,
text and images (collectively, the "Materials")
contained in the Site are either the copyrighted property
of CSI, unless otherwise noted, or are the copyrighted
property of third parties. CSI neither warrants nor
represents that your use of Materials displayed on
the Site will not infringe rights of third parties
not owned by or affiliated with CSI.
2. You may download one single hard copy of Materials
displayed on the Site for non-commercial, personal
use only, provided however, you do not delete or change
the copyright, trademark and other proprietary notices
contained on the Materials. You may not modify, alter
or change any Materials or distribute, publish, transmit,
reuse, re-post or use the content of the Site for
public or commercial purposes, including, without
limitation, the text, images, audio and video.
3. Unauthorized use of the Materials is strictly prohibited
and is a violation of the rights of CSI and/or third
parties, including, without limitation, under copyright
laws, trademark laws, the laws of privacy and publicity.
4. While CSI uses reasonable efforts to include accurate
and up to date information in the Site, CSI makes
no warranties or representations as to the accuracy,
correctness, reliability or otherwise with respect
to such information, and assumes no liability or responsibility
for any omissions or errors (including, without limitation,
typographical errors and technical errors) in the
content of the Site.
5. Information in the Site is subject to change without
notice. Information regarding CSI products and services
is applicable only in the United States unless otherwise
noted. Some products and services may not be available
in certain areas. CSI makes no representations that
the Materials in this Site are appropriate or available
for use in other countries aside from the United States.
Those who do access this Site from other countries
are solely responsible for compliance with local laws
of that country.
6. Use of and browsing in the Site is done at user's
own risk. Neither CSI nor any other party involved
in creating, producing or delivering the Site shall
be liable for any direct, incidental, consequential,
indirect or punitive damages arising out of your access
to, or use of, or browsing the Site, or downloading
of any materials, data, text, images, video or audio
from the Site, including, without limitation, damage
to, or viruses that may infect, your computer equipment
or other property as a result thereof. Without limiting
the foregoing, everything on the Site is provided
to you "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please
note that some jurisdictions may not allow the exclusion
of implied warranties, so some of the above exclusions
may not apply to you. Check your local laws for any
restrictions or limitations regarding the exclusion
of implied warranties.
7. From time to time, CSI may ask that you transmit
to the Site by electronic mail your feedback on CSI’s
products and/or services. Any communication or material
you transmit or post will be (a) treated as non-confidential
and non-proprietary by CSI, (b) become the property
of CSI and CSI shall exclusively now and hereinafter
own all rights, title and interest therein, and (c)
used without restriction by CSI or its bottlers, licensees
and affiliates at its sole discretion without any
obligation, compensation or other liability to you.
Such use may be for any purpose whatsoever, including,
but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting whole or in part,
in any medium and in any manner on this Site or otherwise.
However, CSI shall be under no obligation to respond
to any such communication.
8. Notwithstanding the foregoing, it is the policy
of CSI not to accept or consider any creative ideas,
suggestions or materials from the public ("Submissions"),
and therefore, you should not make any Submissions
to CSI in any communications through this Site or
otherwise. Nonetheless, if you do send us a Submission,
despite our request not to do so, then such Submission
shall immediately become the property of CSI and CSI
shall exclusively now and hereinafter own all rights,
title and interest therein. Furthermore, CSI shall
be free to use any Submissions for any purpose whatsoever,
including, but not limited to, developing, manufacturing
and marketing products. CSI shall not be liable for
such use or disclosure of such Submission or for any
similarities in the Submission and any future CSI
uses or activities.
9. The Trademarks displayed on the Site are registered
and unregistered Trademarks of Cluster Solutions,
Inc. Nothing contained on the Site should be construed
as granting, by implication, estoppel or otherwise,
any license or right to use any Trademark displayed
on the Site, or any license or right to use any other
trademark owned by any other third party. In the event
that you misuse any Trademark in violation of these
Terms and Conditions, CSI will aggressively enforce
its intellectual property rights to the fullest extent
of the law, including the seeking of criminal prosecution.
10. This Site may link to other sites not maintained
by or related to CSI. Such hyperlinks are provided
as a service to users and are not sponsored by, endorsed
or otherwise affiliated with this Site or with the
products and services of CSI. CSI has not reviewed
all of the sites linked to the Site and is not responsible
for the content of any off-site pages or links to
any other sites. Viewing all other sites is at your
own risk.
11. In the event that CSI may, from time to time,
allow for discussions, chats, postings, transmissions,
bulletin board and the like on the Site, CSI is under
no obligation to monitor or review such transmitted
information and assumes no responsibility or liability
arising from the content of any such locations nor
for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger
or inaccuracy of any such information. You are prohibited
from posting or transmitting any unlawful, threatening,
libelous, defamatory, obscene, scandalous, inflammatory,
pornographic or profane material or any material that
could constitute or encourage conduct that would be
considered a criminal offense, give rise to civil
liability or otherwise violate any law. CSI will fully
cooperate with any law enforcement authorities or
court order requesting or directing CSI to disclose
the identity of anyone posting any such information
or materials.
12. Software from this Site is further subject to
United States Export Controls. No software from this
Site may be downloaded or exported (i) into (or to
a national or resident of) Cuba, Iraq, Libya, North
Korea, Iran, Syria or any other country to which the
United States has embargoed goods; or (ii) anyone
on the United States Treasury Department's list of
Specially Designated Nationals or the U.S. Commerce
Department's Table of Deny Orders. By downloading
or using the software, you represent and warrant that
you are not located in, under the control of, or a
national or resident of any such country or on any
such list.
13. All offers set forth on the Site are void where
prohibited, and are subject to the posting of any
official rules pertaining to such offers.
14. CSI maintains and operates this Site from its
offices in the state of California, United States.
These Terms and Conditions are governed and interpreted
under the laws of the state of California, United
States of America. If any portion of these Terms and
Conditions is deemed unlawful, void or unenforceable,
then that part shall be deemed severable and will
not effect the validity and enforceability of any
remaining provisions.
15. We have contracted with Overture services, Inc.
(“Overture”) to monitor certain pages
of our Web site for the purpose of reporting web traffic,
statistics, advertisement 'click-throughs', and/or
other activities on our site. Where authorized by
us, Overture may use cookies, Web beacons, and/or
other monitoring technologies to compile anonymous
statistics on our Web site visitors. No personally
identifiable data is collected by or transferred to
Overture. For more information about how the information
collected by Overture is used, please see Overture’s
privacy policy at http://www.overture.com/d/USm/about/company/ccprivacyPolicy.jhtml.
16. These Terms and Conditions set forth the entire
understanding and agreement between you and CSI with
respect to the Site. You acknowledge that any other
agreements between you and CSI with respect to the
Site are superseded and of no force or effect.
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