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Website Terms and Conditions
By using CaseandTote.com you agree to abide by the Terms of Use described below. We've created these rules and guidelines to protect you and to ensure that the Case and Tote web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.
Copyright © 2008 CaseandTote.com All other rights reserved.
Legal Notice and Disclaimer:
Case and Tote obtains all information, downloadable files and products contained herein from sources believed by Case and Tote to be honest, accurate and reliable. Because of the potential of human and mechanical error as well as other factors, Case and Tote shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or products available at the Case and Tote web site. Case and Tote makes no representations, and expressly disclaims all responsibilities, about the suitability of the information, downloadable files and/or products that are available to the user at the Case and Tote web site. Information and products may be changed at any time without notice of any kind. The information and products on this site are provided "as is" without expressed or implied warranty of any kind. Case and Tote disclaims all warranties with regard to the information and/or products, including all implied warranties of merchantability for a particular purpose. In no event shall Case and Tote be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other actions, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or products on Case and Tote's web site. Some U.S. states provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by Case and Tote authorized representatives, and shall be governed by the laws of the State of Indiana.
Links to Third Party Sites
The links to third parties contained within this web site may allow you to leave the Case and Tote site. The sites that are linked to the Case and Tote site are not under the control of Case and Tote. Case and Tote is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Case and Tote provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link does not imply endorsement by Case and Tote.
Case and Tote Web Site Terms of Use
Acceptance of Terms of Use for CaseandTote.com:
The access to Case and Tote's site is provided free of charge to you by Case and Tote under these Terms of Use. Although portions of Case and Tote's site may be viewed simply by visiting the site, in order to receive additional services from Case and Tote you may need to sign on as a guest or register as a member of Case and Tote's site. If you sign on to Case and Tote's site as a guest or if you register as a member of Case and Tote's site community, these Terms of Use will govern your use of Case and Tote's site, including other features.
BY SIGNING ON TO CASEANDTOTE'S WEB SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of Case and Tote's site and all services provided in connection with Case and Tote's site. Case and Tote shall not be liable to you for any breach of these Terms of Use. In addition, Case and Tote does not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not register for or enter Case and Tote's site. The Terms of Use for your continued use of Case and Tote's site will be posted on the Case and Tote site. Please check this area before using Case and Tote's site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with Case and Tote's site immediately (i) by notifying Case and Tote's of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Case and Tote's site. Your continued use of Case and Tote's site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time Case and Tote may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on Case and Tote's site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy Collection of Personal Information When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, Case and Tote may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Case and Tote may require that you provide certain personal information, such as your name, mailing address, email address, and other personal identifying information.
Case and Tote collects this information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
If you would like your name deactivated from Case and Tote's lists, or if you would like to unsubscribe from Case and Tote's email bulletins, please use the contact information below to request that Case and Tote deactivate you from its lists. Be sure to include your name, postal address, telephone number, and/or other necessary information needed for deactivation.
Case and Tote will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
Use of Cookies
When you visit www.caseandtote.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)
While Case and Tote uses cookies to track your visit to www.caseandtote.com, and our Web servers automatically log the IP/internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Case and Tote with personal information.
Please note that Case and Tote is not responsible for the content or privacy practices of non-Case and Tote web sites to which CaseandTote.com may link.
Users may send email to us at contact@caseandtote.com with any further questions.
Case and Tote Contact Information:
Attn: Case and Tote - Web Site Privacy
Email: contact@caseandtote.com
Modifications of these Terms of Use
Case and Tote may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Case and Tote's site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Case and Tote's site immediately (i) by notifying Case and Tote of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Case and Tote's site.
Modifications of Case and Tote's Site
Case and Tote may modify or discontinue Case and Tote's site with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use Case and Tote's site to send or post on message boards or any place on Case and Tote's site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Case and Tote reserves the right to delete any such material from Case and Tote's site. Case and Tote will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5. You agree not to post or use Case and Tote's site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Case and Tote permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Case and Tote's site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Case and Tote's site rests with you. You acknowledge that Case and Tote may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
Third Party Services
Special routing icons may be included within Case and Tote's site, the activation of which will allow you to access and learn more about Case and Tote's and other services provided by Case and Tote's or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CASE AND TOTE'S SITE IS AT YOUR SOLE RISK. CASE AND TOTE'S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASE AND TOTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CASE AND TOTE MAKES NO WARRANTY THAT CASE AND TOTE's SITE WILL MEET YOUR REQUIREMENTS, OR THAT CASE AND TOTE'S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CASE AND TOTE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CASE AND TOTE'S SITE. CASE AND TOTE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF CASE AND TOTE'S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CASE AND TOTE'S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT CASE AND TOTE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH CASE AND TOTE SITE. CASE AND TOTE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
CASE AND TOTE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN CASE AND TOTE'S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASE AND TOTE'S OR THROUGH CASE AND TOTE'S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CASE AND TOTE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CASE AND TOTE'S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH CASE AND TOTE'S SITE.
CASE AND TOTE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CASE AND TOTE'S SITE. AS A CONVENIENCE TO CASE AND TOTE USERS, CASE AND TOTE MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND CASE AND TOTE'S CONTROL. CASE AND TOTE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH CASE AND TOTE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST CASE AND TOTE WITH RESPECT TO SUCH SITES.
Limitation of Liability
CASE AND TOTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CASE AND TOTE'S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH CASE AND TOTE'S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF CASE AND TOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
Case and Tote may, from time to time, send email messages to you containing advertisements, promotions, etc. Case and Tote makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from Case and Tote, and you agree that Case and Tote shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of Case and Tote, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Case and Tote's site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Indiana State and U.S. Federal courts having within their jurisdiction the location of Case and Tote's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that Case and Tote determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Case and Tote's site, Case and Tote reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Case and Tote's site, (iii) delete all content provided by you to Case and Tote's site, (iv) discontinue your registration with Case and Tote's site and/or any other Case and Tote community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Case and Tote deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Case and Tote may assign its rights and obligations under these Terms of Use and upon such assignment Case and Tote may be relieved of any further obligation hereunder.
You represent to Case and Tote that you have the authority to register with Case and Tote site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Case and Tote web site by Case and Tote) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Case and Tote, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.
By using CaseandTote.com you agree to abide by the Terms of Use described below. We've created these rules and guidelines to protect you and to ensure that the Case and Tote web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.
Copyright © 2008 CaseandTote.com All other rights reserved.
Legal Notice and Disclaimer:
Case and Tote obtains all information, downloadable files and products contained herein from sources believed by Case and Tote to be honest, accurate and reliable. Because of the potential of human and mechanical error as well as other factors, Case and Tote shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or products available at the Case and Tote web site. Case and Tote makes no representations, and expressly disclaims all responsibilities, about the suitability of the information, downloadable files and/or products that are available to the user at the Case and Tote web site. Information and products may be changed at any time without notice of any kind. The information and products on this site are provided "as is" without expressed or implied warranty of any kind. Case and Tote disclaims all warranties with regard to the information and/or products, including all implied warranties of merchantability for a particular purpose. In no event shall Case and Tote be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other actions, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or products on Case and Tote's web site. Some U.S. states provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by Case and Tote authorized representatives, and shall be governed by the laws of the State of Indiana.
Links to Third Party Sites
The links to third parties contained within this web site may allow you to leave the Case and Tote site. The sites that are linked to the Case and Tote site are not under the control of Case and Tote. Case and Tote is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Case and Tote provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link does not imply endorsement by Case and Tote.
Case and Tote Web Site Terms of Use
Acceptance of Terms of Use for CaseandTote.com:
The access to Case and Tote's site is provided free of charge to you by Case and Tote under these Terms of Use. Although portions of Case and Tote's site may be viewed simply by visiting the site, in order to receive additional services from Case and Tote you may need to sign on as a guest or register as a member of Case and Tote's site. If you sign on to Case and Tote's site as a guest or if you register as a member of Case and Tote's site community, these Terms of Use will govern your use of Case and Tote's site, including other features.
BY SIGNING ON TO CASEANDTOTE'S WEB SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of Case and Tote's site and all services provided in connection with Case and Tote's site. Case and Tote shall not be liable to you for any breach of these Terms of Use. In addition, Case and Tote does not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not register for or enter Case and Tote's site. The Terms of Use for your continued use of Case and Tote's site will be posted on the Case and Tote site. Please check this area before using Case and Tote's site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with Case and Tote's site immediately (i) by notifying Case and Tote's of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Case and Tote's site. Your continued use of Case and Tote's site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time Case and Tote may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on Case and Tote's site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy Collection of Personal Information When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, Case and Tote may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Case and Tote may require that you provide certain personal information, such as your name, mailing address, email address, and other personal identifying information.
Case and Tote collects this information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
If you would like your name deactivated from Case and Tote's lists, or if you would like to unsubscribe from Case and Tote's email bulletins, please use the contact information below to request that Case and Tote deactivate you from its lists. Be sure to include your name, postal address, telephone number, and/or other necessary information needed for deactivation.
Case and Tote will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
Use of Cookies
When you visit www.caseandtote.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)
While Case and Tote uses cookies to track your visit to www.caseandtote.com, and our Web servers automatically log the IP/internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Case and Tote with personal information.
Please note that Case and Tote is not responsible for the content or privacy practices of non-Case and Tote web sites to which CaseandTote.com may link.
Users may send email to us at contact@caseandtote.com with any further questions.
Case and Tote Contact Information:
Attn: Case and Tote - Web Site Privacy
Email: contact@caseandtote.com
Modifications of these Terms of Use
Case and Tote may modify these Terms of Use from time to time at its sole discretion. Each time you log on to Case and Tote's site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with Case and Tote's site immediately (i) by notifying Case and Tote of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of Case and Tote's site.
Modifications of Case and Tote's Site
Case and Tote may modify or discontinue Case and Tote's site with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use Case and Tote's site to send or post on message boards or any place on Case and Tote's site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. Case and Tote reserves the right to delete any such material from Case and Tote's site. Case and Tote will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5. You agree not to post or use Case and Tote's site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) Case and Tote permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to Case and Tote's site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on Case and Tote's site rests with you. You acknowledge that Case and Tote may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
Third Party Services
Special routing icons may be included within Case and Tote's site, the activation of which will allow you to access and learn more about Case and Tote's and other services provided by Case and Tote's or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF CASE AND TOTE'S SITE IS AT YOUR SOLE RISK. CASE AND TOTE'S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CASE AND TOTE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CASE AND TOTE MAKES NO WARRANTY THAT CASE AND TOTE's SITE WILL MEET YOUR REQUIREMENTS, OR THAT CASE AND TOTE'S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES CASE AND TOTE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CASE AND TOTE'S SITE. CASE AND TOTE WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF CASE AND TOTE'S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF CASE AND TOTE'S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT CASE AND TOTE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH CASE AND TOTE SITE. CASE AND TOTE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
CASE AND TOTE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN CASE AND TOTE'S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CASE AND TOTE'S OR THROUGH CASE AND TOTE'S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
CASE AND TOTE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH CASE AND TOTE'S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH CASE AND TOTE'S SITE.
CASE AND TOTE IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE CASE AND TOTE'S SITE. AS A CONVENIENCE TO CASE AND TOTE USERS, CASE AND TOTE MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND CASE AND TOTE'S CONTROL. CASE AND TOTE MAKES NO REPRESENTATIONS AS TO THE SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH CASE AND TOTE MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST CASE AND TOTE WITH RESPECT TO SUCH SITES.
Limitation of Liability
CASE AND TOTE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE CASE AND TOTE'S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR TRANSACTIONS ENTERED INTO THROUGH CASE AND TOTE'S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF CASE AND TOTE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
Case and Tote may, from time to time, send email messages to you containing advertisements, promotions, etc. Case and Tote makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from Case and Tote, and you agree that Case and Tote shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of Case and Tote, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of Case and Tote's site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Indiana State and U.S. Federal courts having within their jurisdiction the location of Case and Tote's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that Case and Tote determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of Case and Tote's site, Case and Tote reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to Case and Tote's site, (iii) delete all content provided by you to Case and Tote's site, (iv) discontinue your registration with Case and Tote's site and/or any other Case and Tote community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Case and Tote deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Case and Tote may assign its rights and obligations under these Terms of Use and upon such assignment Case and Tote may be relieved of any further obligation hereunder.
You represent to Case and Tote that you have the authority to register with Case and Tote site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on Case and Tote web site by Case and Tote) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Case and Tote, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.