Welcome to the website of the United States Cutting Tool Institute (the “Site”). Please read this User Agreement carefully before using the Site. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access this Site.
This Site is owned and operated by Unites States Cutting Tool Institute (“USCTI”), a non-profit Delaware corporation which is based at 1300 Sumner Ave., Cleveland, OH 44115-2851; firstname.lastname@example.org; (216) 241-7333 (T): (216) 241-0105 (F). If you have any questions relating to this Site, they can be directed to us at this address. As used in this User Agreement, “you” and “your” refers to the user of the Site; “we,” “us” and “our” refers to USCTI.
This Site is provided solely for informational purposes and does not create a business or professional services relationship. You are hereby granted a limited, non-exclusive, non-transferable license to display the USCTI Materials only for your individual viewing of the Site.
Ownership of Intellectual Property and Restrictions on Use of Materials
All materials contained on the Site, including, without limitation, content, coding, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, databases and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of USCTI, third party licensors and/or other respective owners (collectively the “USCTI Materials”), and are protected, without limitation, by copyright and trademark laws.
No part of the USCTI Materials may be copied, reproduced, modified, re-published, uploaded, posted, transmitted or distributed in any form or manner without USCTI’s prior written consent. You may not use the USCTI Materials in a manner that suggests an association with any of our products or services. All use, modification, copying, adaptation, transmission or reproduction of the Site or any part of it is prohibited except to the extent permitted by relevant copyright laws.
Certain areas of this Site will permit you to send to USCTI materials. If you have proprietary rights in something that you submit (by posting to a forum or otherwise) to the Site, by making the submission, you grant to USCTI free of charge an unconditional, perpetual, worldwide, royalty-free and non-exclusive license to use, copy, modify, publicly display, publicly perform, adapt, and distribute your submission in any manner, in any medium and for any purpose, which includes granting USCTI the right to charge a fee to others to use, copy, modify, publicly display, publicly perform, adapt, or distribute your submission. USCTI may, but is not obligated to, use and publish your submission at this Site or elsewhere.
If you do not want a submission to become licensed automatically in accordance with these terms, please make no submissions to the Site.
You hereby represent and warrant that you have all necessary rights in and to all submissions you provide and that such submissions and the publication of thereof on the Site as contemplated by this Agreement and the Site shall not infringe the proprietary, intellectual property or other rights of third parties or contain any libelous, tortuous or otherwise unlawful information.
Notwithstanding any term herein to the contrary, USCTI has no responsibility for submissions to the Site. However, USCTI reserves the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any information or submissions which USCTI deems to be illegal, offensive or otherwise inappropriate.
Using the Site
Users of the Site must not:
1. Use the Site in such a way as to offend or interfere with the use by anyone else of the Site;
2. Upload or submit materials to the Site that violate any law, or that in any fashion infringe or interfere with the rights of others, including without limitation materials that (a) are defamatory, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; or (f) are treated as confidential under any contract or policy;
3. Attempt to gain access to or use the Site in a fraudulent manner or to circumvent the security systems of the Site; or
4. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
You are completely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. USCTI will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
Member-only access is granted on a company-by-company basis. Member companies are free to distribute the user name and password to employees of the member company who have need to access the member-only areas of the Site. For clarity, member companies will be held responsible for all activities that occur under their accounts, even if the activities are conducted by a former employee. In the event that you as a member company believe that a password change is warranted due to personnel turnover, you must notify USCTI immediately.
Links to Other Sites
The Site provides links to third party websites, including those of our members and other organizations that we believe may be of interest to you. These sites are not part of the Site and have different user agreements and privacy policies. Please be sure to review the applicable agreements and policies carefully when visiting other websites.
THE USE OF THIS SITE IS AT YOUR OWN RISK.
THIS SITE AND ALL MATERIALS AND INFORMATION CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE MATERIALS AND INFORMATION CONTAINED IN OR REFERENCED AT THIS SITE ARE CURRENTLY OR WILL BE AVAILABLE AT ANY TIME, OR THAT THEY WILL BE PROVIDED IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND INFORMATION AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS OR INFORMATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS OR INFORMATION RESTS WITH YOU. IF YOUR USE OF THE SITE OR THE MATERIALS OR INFORMATION RESULTS IN THE NEED FOR SERVICING OR REPLACING YOUR EQUIPMENT OR SOFTWARE, USCTI IS NOT RESPONSIBLE FOR THOSE COSTS.
WE FURTHER RESERVE THE RIGHT TO MODIFY AND/OR DISCONTINUE THE SITE AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD USCTI, ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS AND AGENTS (COLLECTIVELY, THE “USCTI PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING ALL LEGAL FEES, INCURRED BY ANY OF THE USCTI PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S).
YOU MUST USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE USCTI PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL INJURIES, LOSSES, COSTS, EXPENSES OR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY OF THE MATERIALS OR INFORMATION AT THE SITE, INCLUDING THE LOSS OF PROGRAMS OR DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHERE LIABILITY CANNOT BE EXCLUDED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED US$100.
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed herefrom and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.
This User Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in courts located in Cuyahoga County, Ohio, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. The language of any proceedings arising under this User Agreement shall be English. This clause does not prevent the consumer from applying the law of his place of residence and from accepting the jurisdiction of his place of residence if this is imposed by national or international laws.
Nothing in this User Agreement shall be deemed to affect any statutory or other consumer rights that you may have under local laws.