www.cbpluciteprogram.com WEBSITE TERMS OF USE
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Introduction
These terms and conditions govern your use of
www.cbpluciteprogram.com ; by using
www.cbpluciteprogram.com , you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use
www.cbpluciteprogram.com .
www.cbpluciteprogram.com is maintained by American Badge Inc. dba Smith & Warren® [Smith & Warren®] for use by U.S. Customs and Border Protection to order Lucite and related badge preservation items. By using
www.cbpluciteprogram.com you certify that you are a U.S. Customs and Border Protection officer, agent and/or employee, misrepresentation of yourself, or misuse of
www.cbpluciteprogram.com may be a violation of state or federal law.
License to use website
Unless otherwise stated, Smith & Warren® and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
• republish material from
www.cbpluciteprogram.com (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on
www.cbpluciteprogram.com for a commercial purpose;
• [edit or otherwise modify any material on the website; or]
• Redistribute material from
www.cbpluciteprogram.com except to Customs and Border Protection supervisors for order verification and approval.
Acceptable use
You must not use
www.cbpluciteprogram.com in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use
www.cbpluciteprogram.com to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to
www.cbpluciteprogram.com without Smith & Warren®’s express written consent.
[You must not use
www.cbpluciteprogram.com to transmit or send unsolicited commercial communications.]
[You must not use
www.cbpluciteprogram.com for any purposes related to marketing without Smith & Warren®’s express written consent.]
Restricted access
[Access to certain areas of
www.cbpluciteprogram.com is restricted.] Smith & Warren® reserves the right to restrict access to [other] areas of
www.cbpluciteprogram.com, or indeed this entire website, at Smith & Warren®’s discretion.
If Smith & Warren® provides you with a user ID and password to enable you to access restricted areas of
www.cbpluciteprogram.com or other content or services; you must ensure that the user ID and password are kept confidential.
[Smith & Warren® may disable your user ID and password in Smith & Warren®’s sole discretion without notice or explanation.]
User content
In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to
www.cbpluciteprogram.com, for whatever purpose.
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Smith & Warren® reserves the right to edit or remove any material submitted to
www.cbpluciteprogram.com , or stored on Smith & Warren®’s servers, or hosted or published upon
www.cbpluciteprogram.com , www.smithwarren.com , or www.visualbadge.com .
[Notwithstanding Smith & Warren®’s rights under these terms and conditions in relation to user content, Smith & Warren® does not undertake to monitor the submission of such content to, or the publication of such content on,
www.cbpluciteprogram.com.]
No warranties
www.cbpluciteprogram.com is provided “as is” without any representations or warranties, express or implied. Smith & Warren® makes no representations or warranties in relation to
www.cbpluciteprogram.com or the information and materials provided on
www.cbpluciteprogram.com.
Without prejudice to the generality of the foregoing paragraph, Smith & Warren® does not warrant that:
•
www.cbpluciteprogram.com will be constantly available, or available at all; or
• the information on
www.cbpluciteprogram.com is complete, true, accurate or non-misleading.
Nothing on
www.cbpluciteprogram.com constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Smith & Warren® will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with,
www.cbpluciteprogram.com:
• [to the extent that the website is provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Smith & Warren® has been expressly advised of the potential loss.
Exceptions
Nothing in
www.cbpluciteprogram.com disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in
www.cbpluciteprogram.com disclaimer will exclude or limit Smith & Warren®’s liability in respect of any:
• death or personal injury caused by Smith & Warren®’s negligence;
• fraud or fraudulent misrepresentation on the part of Smith & Warren®; or
• matter which it would be illegal or unlawful for Smith & Warren® to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using
www.cbpluciteprogram.com, you agree that the exclusions and limitations of liability set out in
www.cbpluciteprogram.com disclaimer are reasonable.
If you do not think they are reasonable, you must not use
www.cbpluciteprogram.com.
Other parties
You accept that, as a limited liability entity, Smith & Warren® has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Smith & Warren®’s officers or employees in respect of any losses you suffer in connection with this website.
Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in
www.cbpluciteprogram.com disclaimer will protect Smith & Warren®’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Smith & Warren®.
Unenforceable provisions
If any provision of
www.cbpluciteprogram.com disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of
www.cbpluciteprogram.com disclaimer.
Indemnity
You hereby indemnify Smith & Warren® and undertake to keep Smith & Warren® indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Smith & Warren® to a third party in settlement of a claim or dispute on the advice of Smith & Warren®’s legal advisers) incurred or suffered by Smith & Warren® arising out of any breach by you of any provision of these terms and conditions, [or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Smith & Warren®’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Smith & Warren® may take such action as Smith & Warren® deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Smith & Warren® may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of
www.cbpluciteprogram.com from the date of the publication of the revised terms and conditions on
www.cbpluciteprogram.com. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Smith & Warren® may transfer, sub-contract or otherwise deal with Smith & Warren®’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Smith & Warren® in relation to your use of
www.cbpluciteprogram.com, and supersede all previous agreements in respect of your use of
www.cbpluciteprogram.com.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of New York State, or U.S. Federal Court.
Registrations and authorizations
Smith & Warren® is registered with Dunn & Bradstreet and the Central Contractors Register. Smith & Warren®’s DUNS number is 01-2250304, CAGE/NCAGE CODE is 1BTL3.
Smith & Warren®’s Tax Identification number is 13-3571841
Smith & Warren®’s details
The full name of Smith & Warren® is AMERICAN BADGE INC. DBA SMITH & WARREN®
Smith & Warren®’s registered address is:
127 Oakley Ave.
White Plains, NY 10601
You can contact Smith & Warren® by email to contact@smithwarren.com .
