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Conditions of Use

Terms of Use

Welcome to the Craden website, available at "craden.com" (this "Site"). This Site is owned and operated by Craden Peripherals Corporation. ("Craden"). Please read this page carefully before using this Site. By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, placing an order, and/or submitting your personal information to the Craden, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these "Terms"), including but not limited to conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Tennessee law.

1. Site Content.

(a) All contents of this Site are: ©2009 Craden Peripherals Corporation All rights reserved. This Site contains copyrighted materials trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the "Content"), and the entire selection, coordination, arrangement and "look and feel" of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, "Intellectual Property Rights"). You are only permitted to use the Content as expressly authorized herein or in writing by Craden. Neither these Terms nor your use of this Site transfers any right, title or interest in the Site or the Content to you, and Craden retains all of its Intellectual Property Rights in and to the Site and Content.

(b) Except as provided in these Terms, you may not use, modify, republish, frame, print, display, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from the Site, in whole or in part, without the express permission of Craden. Requests for such permission should be made to Craden Peripherals Corporation, 7860 Airport Highway, Pennsauken, NJ 08109.

(c) This Site is available worldwide to anyone with Internet access. However, this Site may not be continuously available due to maintenance or repairs or due to computer problems or crashes, disruption in Internet service or other unforeseen circumstances. This Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations. Further, a reference to a product or service on this Site does not imply that such product or service is or will be available in your location.

(d) Certain product, service, or company designations for companies other than Craden may be mentioned in the Site for identification purposes only. Third party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.


2. Submissions and Contributions
Craden does not seek or accept unsolicited ideas or suggestions relating to the development, design, manufacture or marketing of our products. We also do not solicit or agree to pay for your creative ideas.

If you choose to submit feedback, you acknowledge and agree that you do so voluntarily without creating any contract or confidentiality obligations. The content of your submission, including but not limited to remarks, suggestions, ideas, graphics or other content will become and remain the sole property of Craden, and Craden shall be entitled to use the submission and any ideas contained therein for any purpose whatsoever, without restriction.

You warrant that any materials, information and/or images you contribute or submit to Craden are original or are in the public domain and that you are the sole author with the full power to submit the same and to grant the above rights to Craden.

3. User Conduct
By using this Site, including all Content and services available through it, you agree that you shall not:

(a) Delete, modify, hack or attempt to change or alter any of the Content on the Site;

(b) use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to the Site, or take any other action that interferes with other parties' use of the Site;

(c) use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other than for a generally available search engine;

(d) use any Craden names, service marks, or trademarks without our prior written consent, including without limitation as meta tags, search engine keywords, or hidden text;

(e) use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;

(f) upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;

(g) create a false identity for the purpose of misleading others;

(h) provide false information on your registration form, or impersonate someone else;

(i) publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or

(j) defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
Craden has no obligation to monitor any bulletin board services, chat areas, blogs or other forums on this Site. However, Craden reserves the right to review materials posted to these common areas and to remove any materials in its sole discretion.

4. Permissible Use
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following conditions:

(a) The Content is used solely for personal, informational, or internal business purposes;

(b) the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;

(c) all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;

(d) the Content is not modified or altered in any way; and

(e) no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:

(a) You do not frame the Site or any portion of the Site;

(b) you do not deep link into the Site (i.e., you do not link into any page other than the home page);

(c) the hyperlink to the Site is not used in a way that suggests that Craden endorses you or your website;

(d) the link to the Site is not used or presented in any way that disparages Craden or tarnishes, blurs or dilutes the quality of Craden's names or trademarks or any associated goodwill; and

(e) the link to the Site is not displayed on any web page that displays objectionable content or links.
An "Acceptable Site" means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format, such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way; (iii) constitutes a breach of any person's privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to violate any applicable law.

5. Order Acceptance.
This Site is merely an invitation for you to make us an offer to purchase the products or services described on these pages. When you submit an order it constitutes an offer for us, which we accept only by providing the products or services requested. Internet orders generate an automatic order confirmation email. These automatic order confirmation emails do not constitute our acceptance of the offer, and we reserve the right, at our sole discretion, to refuse or cancel any order for any reason. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and we providing the product or service. We also may require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.

6. Secure Ordering.
To provide credit card security and keep your personal information safe, Craden uses 128-bit or higher Secure Socket Layer (SSL) technology, the industry standard encryption technology for secure Internet transactions. All of your information is encrypted. To protect your information once it is received by Craden, firewalls keep information safe and inaccessible to other Internet users. To confirm that your connection is secure, look for a locked padlock icon or solid key icon at the bottom of your browser window. The letters "https" (rather than "http") located in the URL address window at the top of your browser will indicate that you are using a secure browser. Your browser may also give you a pop-up message that you are about to enter a secure area.

7. Modifications To Terms.
Craden may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of this Site following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Site. Sections 1-4 and 8-18 of these Terms shall survive any termination of these Terms.

8. Termination or Modifications to Site.
Craden reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without notice to you. Craden may also impose limits on certain features, services or all of this Site without notice or liability. You acknowledge and agree that Craden will not be liable to you or any third party in the event that Craden exercises its right to modify or terminate access to the Site or portions of the Site.

9. Your Privacy.
Craden will treat any information it collects from you in accordance with its Privacy Policy, which is hereby incorporated by reference. Please review the Privacy Policy before you use this Site. If you are unwilling to accept the practices outlined in the Privacy Policy, we ask that you not use this Site.

10. Copyright Infringement.
In accordance with the Digital Millennium Copyright Act ("DMCA"), http://lcweb.loc.gov/copyright/, Craden has designated an agent to receive notifications of alleged copyright infringement associated with the Site. Craden will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent or through the address set forth at the end of this page. When notifying Craden of the alleged copyright infringement, please include all of the following information:

(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;

(b) Identification of the copyrighted work alleged to have been infringed;

(c) a description of the material that is claimed to be infringing and information sufficient to locate the material on the Site;

(d) information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;

(e) a statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner's behalf.
If material is believed in good faith by Craden to infringe a copyright or otherwise violate any intellectual property rights, Craden will remove or disable access to any such material.

11. Other Sites, Content, Products and Services.
As a convenience to you, this Site may run advertisements and provide links to web sites and access to content, products and services of third parties, including without limitation, Craden's affiliates and strategic partners and other entities ("Linked Sites"). You should refer to the separate terms of use, privacy policies, and other notices posted on Linked Sites before you use them. Craden does not author, edit or monitor these Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by Craden, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site, the payment for and delivery of goods if any, or any terms, conditions, warranties, or representations associated with such dealings. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties found on or through this Site.

12. Typographical Errors; Colors.
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. Craden therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. We sincerely apologize for any inconvenience this may cause. In the event that any merchandise or product offered on this Site is mistakenly listed at an incorrect price, Craden reserves the right to refuse or cancel any orders placed for such products listed at the incorrect price. Craden reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Craden will issue a credit to your credit card account in the amount of the incorrect price.

In addition, we have done our best to display as accurately as possible the colors of the products shown on this Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

13. Disclaimer.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS, WHERE IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. CRADEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CRADEN MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

14. Limitation of Liability.
IN NO EVENT SHALL CRADEN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF CRADEN HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, COMMUNICATIONS FAILURE, THEFT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT BODILY INJURY, PROPERTY DAMAGE, STRIKES OR ANY FORCE MAJEURE. YOU ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ANY AND ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THIS SITE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. THEREFORE, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

You agree that any claim or cause of action arising out of your use of this Site or these Terms must be filed within one (1) year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Craden to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.

15. Dispute Resolution.
You agree that any dispute arising out of or relating in any way to your use of this Site or the purchase of merchandise from Craden through this Site requires that such claim be resolved exclusively by confidential binding arbitration except that, to the extent you have in any manner violated or threatened to violate Craden's intellectual property rights, Craden may seek injunctive or other appropriate relief. The arbitration shall be conducted before three neutral arbitrators in the State of New Jersey, U.S.A., in accordance with the rules of the American Arbitration Association ("AAA"), as then in effect. No claims of any other parties may be joined or otherwise combined in the arbitration proceeding. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys' fees without regard to which party is deemed the prevailing party in the arbitration proceeding. Except for punitive and consequential damages (which may not be awarded), and subject to these Terms, the arbitrators shall be authorized to award either party any provisional or equitable remedy permitted by applicable law. The parties shall equally share all AAA charges and fees associated with the arbitration.

BECAUSE THE USE OF THIS SITE REQUIRES THE ARBITRATION OF ANY CLAIMS OR DISPUTES EXISTING BETWEEN THE PARTIES, NEITHER PARTY WILL HAVE THE RIGHT TO PURSUE THAT CLAIM IN COURT OR BEFORE A JUDGE OR JURY OR TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER COLLECTIVE OR REPRESENTATIVE PROCEEDING. THE ARBITRATORS' DECISION WILL BE FINAL AND BINDING. OTHER RIGHTS THAT EITHER PARTY WOULD HAVE IF SUCH PARTY WENT TO COURT, INCLUDING WITHOUT LIMITATION THE RIGHT TO CONDUCT DISCOVERY OR TO APPEAL, MAY BE LIMITED OR UNAVAILABLE IN ARBITRATION.

The award of the arbitrators may be enforced in any court having jurisdiction thereof. Each party hereby consents (a) to the non-exclusive jurisdiction of the courts of the State of New Jersey or to any Federal Court located within the State of New Jersey for any action (i) to compel arbitration, (ii) to enforce any award of the arbitrators, or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies, and (b) to service of process in any such action by registered mail or any other means provided by law. Should this Section 16 be deemed invalid or otherwise unenforceable for any reason, it shall be severed. In such event, the parties to these Terms agree that exclusive jurisdiction and venue for any claims will be in state or federal courts in Nashville, Tennessee, and each party hereby waives any defense related to personal jurisdiction, process or venue.

16. Acknowledgement.
You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

17. General.
Craden may assign its rights and duties under these Terms without notice to you. You may not assign these Terms without the prior written consent of Craden. If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect. Craden's failure to act with respect to a breach by any user using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. These Terms, the Privacy Policy, any sweepstakes rules, policies, or procedures that may be posted from time to time by Craden on this Site, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

18. Contact Information.
If you have any questions about these Terms, the practices of Craden, or your dealings with this Site, please contact us through one of the methods listed below. You also may contact us to update your personal information by notifying us when you change your name or email address:

Address:

Craden Peripherals Corporation
7860 Airport Highway

Pennsauken, NJ 08109

Telephone:

856.488.0700

Last Updated: March 26, 2009


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