Acceptance of contract terms.
With regard to the content of any submissions you may make through this Site you agree to remain solely responsible for such content and agree to not submit content or other materials that are unlawful, defamatory, abusive, or obscene. You also agree that you will not submit anything (including content or other materials to the Site that violates or infringes any right of a third-party including patent, copyright, trademark, privacy, or other personal, intellectual property or other proprietary rights.
The Site. Cabot reserves the right in its sole discretion to modify and/or discontinue any part of the Site or any services or products offered via the Site at any time with or without notice.
No Representations or Warranties; Disclaimer; Limitation of Liability.
CABOT MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MATERIALS AND/OR CONTENT ON THE SITE FOR ANY PURPOSE. BY YOUR ACCESS TO AND USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE CONTENT, THE SITE AND/OR ANY LINKS TO THIRD PARTY WEBSITES AT YOUR OWN RISK.CABOT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS CONTAINED ON OR IN THE SITE. THE SITE IS OFFERED TO YOU ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CABOT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO ANY INFORMATION WHICH IS POSTED TO THE SITE OR YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY INFORMATION POSTED TO THE SITE BY ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, INFORMATION POSTED ON ANY RELATED BLOG.IN ANY EVENT, CABOT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOST SAVINGS ARISING OUT OF THE USE OR INABILITY TO USE THE SITE EVEN IF CABOT HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL CABOT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND RESULTING FROM YOUR USE OF THE SITE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED ONE UNITED STATES DOLLARS (US $1.00).THE INFORMATION CONTAINED ON THE SITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR INFORMATION PURPOSES ONLY AND ARE NOT CONFIDENTIAL. INFORMATION TRANSMITTED TO OR FROM THE WEBSITE MAY NOT ENCRYPTED. ANY INFORMATION OR CONTENT YOU PROVIDE YOU DO SOLEY AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH CABOT OR THIRD PARTIES.
Trademarks and Copyrights. The content included on the Site, such as text, graphics, data, information, images, software, trademarks, service marks, logos, and trade dress are the intellectual property of Cabot and its affiliates and subsidiaries, or its licensors in the United States and/or throughout the world (collectively the “Marks”). Any third-party trademarks or content on the Site are the property of their respective owners and are used under applicable law or with the owners’ permission. Except as provided by applicable law, the Marks may not be used and/or reproduced without the written permission of Cabot. Those uses that are authorized must comply with Cabot’s trademark usage guidelines (provided when necessary upon request, at Cabot’s discretion). The images, text organization and layout, other content and the Site’s look and feel (collectively the “Materials”) of the Site are the property of Cabot or its licensors and are copyrighted and protected by worldwide copyright laws and treaty provisions. Cabot does not authorize any downloading, distribution, framing or republication of any Materials on the Site without its prior written permission. Any third party copyrighted material appearing on the Site is used under applicable law or with the owner’s permission. Cabot will enforce its intellectual property rights to the fullest extent permitted under the law. Except as set forth herein, all rights to the Marks and the Materials are hereby reserved by Cabot and/or its licensors or content providers.In the event you upload or otherwise provide any content to us to upload, including without limitation photographs, to the Site, you (i) represent and warrant to Cabot and its subsidiaries and affiliates that you have all rights necessary to upload or otherwise provide such content to the Site; (ii) agree to indemnify, defend and hold harmless Cabot and its subsidiaries and affiliates for any third party claims related thereto; and (iii) hereby grant to Cabot and its subsidiaries and affiliates a perpetual non-cancellable royalty free license to use such content for any purposes in any media now existing or hereafter developed. You agree not to disrupt, modify, or interfere with the Site or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any content, information or materials on or associated with the Site.
Waiver and Enforceability.
Notification of Claims of Infringement. If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the Copyright Agent to locate the material; Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; andA statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cabot’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Agri-Mark Inc., email: email@example.com; facsimile: 802-496- 1210. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.