Privacy Policy & Terms

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PRIVACY POLICY

Effective Date:   May 31, 2013

Acrow Corporation of America, a New Jersey corporation (“Acrow”), has created this privacy policy (“Acrow Privacy Policy”) to demonstrate its commitment to fully disclosing the information collection and use practices applicable to this Internet web site (“Web Site”).  Defined terms used in the Acrow Privacy Policy and not otherwise defined shall have the meaning ascribed to them in the Acrow Terms and Conditions of Web Site Usage located on the Web Site.

THE PURPOSE OF THE ACROW PRIVACY POLICY IS TO DISCLOSE TO YOU WHAT TYPES OF INFORMATION WE MAY COLLECT, OUR METHOD OF COLLECTING IT, WITH WHOM WE MAY SHARE IT, AND CERTAIN OTHER MATTERS RELATED TO SUCH INFORMATION, INCLUDING THE CHOICES YOU HAVE REGARDING OUR COLLECTION OF INFORMATION AND OUR USE AND DISCLOSURE TO OTHER PARTIES OF INFORMATION WE MAY HAVE COLLECTED FROM YOU.  PLEASE READ THE ACROW PRIVACY POLICY BELOW TO LEARN MORE ABOUT OUR DATA COLLECTION POLICIES AND PRACTICES.

1.         Types of Information and Method of Collection.  In general, you may visit this Web Site, which is a business to business web site, without being required to identify yourself or reveal any personally identifiable information.

Information Collection

  • By Browsing.  As you browse our Web Site, it collects log file, the Internet protocol (IP) address of your computer, “cookies” (described below), web beacons and other standard tracking data we use to evaluate site traffic and usage patterns. Such information is aggregated with tracking data from all site visitors.
  • By Web Site Requirement.  Some portions of this Web Site may require you to give us personally identifiable information such as your name, address, e-mail address, transaction information, tax identification number, and/or other information by which we can contact you.
  • By User’s Voluntary Submission. If you communicate with us by e-mail, or otherwise complete online forms, registrations, or surveys any information provided in such communications may be collected as personal information.

A “cookie” is a bit of data sent by the Web Site through your browser to your computer and enables the Web Site to return the results and preferences that you expect. Acrow uses temporary, session-specific cookies to ensure visits to its Web Site are smooth and customized for your visit. Such cookies allow us to provide your browser with information tailored to your preferences and needs. Acrow uses permanent or persistent cookies that remain on your computer after you leave Acrow’s Web Site. 

If you do not want your browser to accept cookies, you can turn off the cookie acceptance option in your browser’s settings. However, disabling the cookie support function of your browser will prevent our Web Site from functioning at an optimum level, and you may not be able to utilize fully all of the site’s features and information.

Information on Children

As a business-to-business company, we do not knowingly collect information from children under the age of 13. On-line registration, collection of personally identifiable information and web site usage is restricted to adults who are professionally engaged in the businesses we serve.  If Acrow learns that it has any information or content from anyone under the age of 13, Acrow will delete that information immediately.

2.         How Information Collected is Used.  The information collected by and through the Web Site is owned solely by Acrow.  The information collected by and through this Web Site will by used solely by Acrow, its divisions, subsidiaries, parent and affiliates, or other entities that are involved in the operation of this Web Site for Acrow’s internal purposes and is not sold or transferred to third parties.  We may use the information collected and provided, individually or in an aggregate form, as follows:

  • to personalize the site according to your preferences based on the aggregated information;
  • to evaluate products and services we may offer to you;
  • to deliver a product or service you requested, or to confirm or fulfill an order or request you have made;
  • to contact you about the Web Site;
  • to monitor or improve the use of the Web Site;
  • to customize the advertising and content you see;
  • to monitor compliance with our terms and conditions of use of the Web Site;
  • to provide special offers to you from Acrow and/or its affiliates and subsidiaries and other third parties; and
  • to send you promotional material on behalf of Acrow and/or its affiliates and subsidiaries and other third parties.

3.         With Whom Information is Shared.  At times, we may share your personally identifiable information with others for various purposes. The following outlines the ways in which your information may be shared with others:

Agents: We may employ other businesses, certain services and individuals to perform functions on our behalf. A non-exhaustive list of examples include fulfilling orders, sending e-mail, removing repetitive information from customer lists, Web Site analysis, analyzing data, providing marketing assistance, processing payments, and providing customer service. These agents may have access to personally identifiable information needed to perform their functions, but may not use it for other purposes. In an effort to protect you, these agents who have access to personally identifiable information either (a) must operate and use your personally identifiable information in a manner consistent with the current Privacy Policy, or (b) are subject to contractual obligations to maintain such information confidential subject to certain exceptions. However, we are not responsible for the privacy practices of these other companies.

Aggregate Information: We may share aggregate information such as demographics and Web Site usage statistics to other organizations. When this type of information is shared, the other parties do not have access to your personally identifiable information.

Opt-in and Opt-out Programs: Throughout the Web Site you may be presented with opportunities to receive mailings from third parties or Acrow. An opt-in/opt-out message may ask you if you would like your information to be shared. If you do choose to have your information shared, please be aware that we are not responsible for the privacy practices of these other companies, and you should review the privacy practices of such companies prior to providing your personally identifiable information. If you would not like your information to be shared to third parties, or if you would like to stop receiving mailings from third parties or Acrow, you may follow the instructions in the opt-out section below.

Third-Party Traffic Measurement Services:  The Web Site may use a third party to traffic measurement service to analyze the traffic on the Web Site. Audience and traffic measurement services allow us to collect anonymous traffic and behavior information from our Web Site by monitoring anonymous visitor activity. The traffic measurement services may themselves set and access their own cookies on your computer if you choose to have your cookies enabled in your browser. Cookies allow third parties to show you advertisements or content you might be interested in. Other companies’ use of their cookies is subject to their own privacy policies, not this one.

Acrow Subsidiaries and Affiliates: We may share your information (including, without limitation, personally identifiable information) with subsidiaries and affiliates of Acrow.

Business Transfers: The Web Site, Acrow and/or a subsidiary, affiliate or division of Acrow may be sold along with its assets, or other transactions may occur in which your personally identifiable information is one of the business assets transferred. In such a case, your personally identifiable information, which we have gathered, may be one of the business assets we transfer.

Legal Process: In the event we are required to respond to subpoenas, court orders or other legal process your personally identifiable information may be disclosed pursuant to such subpoena, court order or legal process, which may be without notice to you.

4.         Security and Encryption.  Technical and administrative measures are implemented to help protect personally identifiable information and other data on our servers from unauthorized access, loss, or alteration. However, no server or transmission over the Internet can be guaranteed to be one hundred percent secure and whatever you transmit or disclose online can be collected and used by others or unlawfully intercepted by third parties. Therefore, any activity or communication is conducted at your own risk.

5.         Third Party Links, Web Sites and Cookies.  Our Web Site contains external links to other web sites. We have no control over, and are not responsible for, the content of, or information gathered by, these other web sites. Any personally identifiable information collected by such third parties is subject to such third parties’ privacy policy. We do not endorse any of these web sites or the products or services associated with such web sites merely because they are linked to our Web Site.

Additionally, we may use advertising companies to develop banner ads for our Web Site. These ads may contain cookies. These companies collect cookies sent to your browser through the banner ads and we do not have control or access to this data.

6.         Notification of Changes.  Acrow reserves the right, at any time and without notice, to add to, change, update or modify the Acrow Privacy Policy, simply by posting such change, update or modification on the Web Site. Any such change, update or modification will be effective immediately upon posting on the Web Site. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we may notify you by way of an email or some other means. Your continued use of the Web Site shall constitute your acceptance of such revised Privacy Policy.  Since this Privacy Policy may change from time to time, you should review it periodically and specifically before you provide any additional personally identifiable information.

7.         Your Acceptance of these Terms.  By using our Web Site you signify your acceptance of the terms of the Acrow Privacy Policy. If you do not agree to the terms of the Acrow Privacy Policy, please do not use the Web Site, products and/or services and exit the site immediately.

8.         Corrections, Updates and Opting-Out.  You have the option of reviewing, correcting, updating, modifying and deleting your personally identifiable information at any time and as often as desired. This can be done by sending an opt-out message in an email to Acrow at sales@acrow.com.

Unfortunately, to the extent that such information is also stored in other databases, we cannot always ensure that such corrections or deletions will reach the other databases.  We will use all reasonable efforts to ensure that your information is removed from or corrected in our records.

If you have any questions about this Acrow Privacy Policy or the privacy practices of this Web Site, contact sales@acrow.com.  Questions regarding this statement should be directed to:  Mark Joosten

TERMS AND CONDITIONS OF WEB SITE USAGE

(Effective Date: May 31, 2013)

Please read the following Acrow Terms and Conditions of Web Site Usage (the “Agreement”) which governs your use of the web site accessible at universal resource locator www.acrowusa.com  (the “Web Site”) and which is operated by Acrow Corporation of America, a New Jersey corporation (“Acrow”, “we”, “our”, or “us”).

YOU AGREE TO READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEB SITE.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE.  YOUR USE OF THE WEB SITE CONSTITUTES (A) YOUR ACCEPTANCE OF THE AGREEMENT, AND (B) YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ THE AGREEMENT.

Your acceptance of the Agreement provides you with a limited and temporary license and permission to use the software and other resources of the Web Site, which license and permission are freely revocable at any time, with or without cause, and with or without notice, by Acrow, as described more fully below.

Acrow reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time.  Notification of changes in the Agreement will be posted on the Web Site by showing a new effective date of this Agreement. You are bound by any such revisions and should therefore periodically visit this page to review the then-current terms and conditions to which you are bound. Your use of the Web Site after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. IF, AT ANY TIME, YOU DO NOT WISH TO ACCEPT THIS AGREEMENT, AS MODIFIED, YOU MAY NOT USE THE WEB SITE. Please retain a print or electronic copy of this Agreement, including any changes, modifications, additions or deletions for your records.

1.     Privacy Policy. We are committed to protecting your privacy and security and have explained in detail the steps we take to do so in the Acrow Privacy Policy, a copy of which you should review by clicking here and should be retained for your records in print or electronic form. YOU IN TURN AGREE AND CONSENT TO THE TERMS OF THE ACROW PRIVACY POLICY BY YOUR USE OF THE WEB SITE.  

Submission of information and material may be required for the use of certain portions of the Web Site. Your submission of such information and material shall not impose any duty on us to provide any particular product or service to you, except as set forth in a definitive agreement entered into between Acrow and you.  If any terms of such definitive agreement conflict with the terms of this Agreement, the terms of such definitive agreement shall control.

2.     Intellectual Property.

(a)           Copyright Rights.  All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Web Site, and the selection, coordination, and arrangement of such content, are owned by Acrow, or its third-party licensors, to the full extent provided under the United States Copyright laws and all international copyright laws. Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing or transmitting any of the contents of the Web Site for any purposes. Nothing stated or implied on the Web Site confers on you any license or right under any copyright of Acrow or any third party.

The Web Site and the information contained in reference herein are for informational purposes only. Any reproduction, copying, or redistribution for commercial purposes of any materials or design elements of the Web Site is strictly prohibited, without the prior written consent of the Acrow. Systematic retrieval of data or other content from this Web Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Acrow is prohibited.

(b)         Trademark and Service Mark Rights.  All rights in the product and service names, company names, trade names, logos, product packaging and designs of all Acrow or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to Acrow, or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses (including meta-tags, adwords, domain names and other similar uses) under national and international trademark and copyright laws, as applicable. The use or misuse of these trademarks/service marks or any materials is expressly prohibited and nothing stated or implied on this Web Site confers on you any license or right under any trademark/service mark of Acrow or any third party.

(c)            License Granted in Your Content. We do not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Web Site (expressly excluding your user data which is collected and used in accordance with the Acrow Privacy Policy) (“Your Content”). However, by submitting or posting Your Content, to or through the Web Site, you grant Acrow a world-wide, royalty free, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, store and display Your Content anywhere, for any purpose, and in any form, media or technology now known or later developed. No compensation will be paid with respect to the use of Your Content. Acrow is free to use any ideas, concepts, know-how, or techniques contained in Your Content for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and services using Your Content. Acrow is under no obligation to maintain any of Your Content and may remove any of Your Content at any time in its sole discretion for any reason or for no reason.  By posting or submitting Your Content to this Web Site, you also represent and warrant that you own or otherwise control all of the rights to Your Content, and that use of Your Content by Acrow will not infringe or violate the rights of any third party or violate applicable law.

3.     Links.   This Web Site may contain links and pointers to other world wide web Internet web sites providing products, services and other resources and information (“Linked Sites”). The Linked Sites are not under the control of Acrow, and Acrow is not responsible for the contents of the Linked Sites, including, without limitation, links contained on Linked Sites, or any changes or updates to Linked Sites. Acrow provides Linked Sites to you only as a convenience, and the inclusion of any such Linked Site is not an endorsement by Acrow in favor of any company offering products or services on or in connection with the Linked Sites.

If other world wide web Internet sites desire to link to the home page of the Web Site, permission must be granted by us (regardless of whether the link is a text link or other type of link). To seek our permission, you may write to us at the address set forth in Section 9 of this Agreement.

Linked Sites and any third party web site that links to the Web Site: (a) shall not create a frame, browser or border environment around any of the content of the Web Site; (b) may link to, but not replicate, Web Site content; (c) shall not imply that Acrow is endorsing or sponsoring it or its products or services; (d) shall not present false information about Acrow or its products or services; (e) shall not use Acrow trademarks without the prior written permission from Acrow; and (f) shall not contain content that could be construed as distasteful, offensive or controversial.

Notwithstanding anything to the contrary contained in this Agreement, we reserve the right to deny or rescind permission to link to the Web Site from any Web Site, and to require termination of any link to the Web Site, for any reason in our sole and absolute discretion.

4.     User Conduct and Prohibited Uses.  You are required to comply with all applicable laws, rules and regulations in connection with your use of the Web Site, and such further limitations as may be set forth in any written or on-screen notice from Acrow. As a condition of your use of the Web Site, you represent and warrant that you will not use the Web Site for any purpose that is unlawful or prohibited by this Agreement.  Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site,  that:

(a) is copyrighted, unless you are the copyright owner or valid licensee to such materials and you have the right to grant Acrow the rights and licenses set forth in Section 2(c) of this Agreement;

(b) reveals trade secrets, unless you own them, or you are the valid licensee to such materials and you have the right to grant Acrow the rights and licenses set forth in Section 2(c) of this Agreement;

(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

(d) is obscene, defamatory, threatening, harassing, abusive, profane, vulgar, racist, hateful, slanderous, embarrassing to any other person or entity, in violation of applicable law or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law as determined by Acrow in its sole discretion;

(e) is sexually-explicit;

(f) constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or

(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

You further agree not to:

(h) use any incomplete, false or inaccurate biographical information or other information for purposes of requesting or submitting information through the Web Site, subscribing for mailings, or for purposes of requesting any services, products or information offered through the Web Site;

(i) delete or revise any material or other information of any other user of the Web Site;

(j) harvest, collect, or send information about others, including e-mail addresses, without their consent;

(k) take any action that imposes an unreasonable or disproportionately large load on the Web Site’s infrastructure;

(l) use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on this site;

(m) use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Web Site to harvest or otherwise collect information from the Web Site to be used for any commercial purpose; or

(n) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Web Site.

You further agree not to violate or attempt to violate the security of the Web Site, including, without limitation:

(o) accessing data not intended for you or logging into a server or account that you are not authorized to access;

(p) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(q) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site;

(r) sending unsolicited e-mail, including promotions and/or advertising of products or services; or

(s) forging any TCP/IP packet header or any part of the header information in any e-mail or posting. Violations of system or network security may result in civil or criminal liability.

Acrow may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Acrow reserves the right (but does not have the obligation) to terminate your ability to submit information and requests through the Web Site at any time without notice, in its sole discretion. Acrow also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.  You are responsible for, and assume all liability associated with, any material you make available or transmit through the Web Site, whether through the bridge or rental quote functions, technical question function, brochure request function, chat rooms, messages boards or other forums, including liability for claims of infringement, libel and slander.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Web Site.

5. Disclaimer of Warranties.  THE WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FEATURES, PRODUCTS, SERVICES, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEB SITE, IS PROVIDED “AS IS.”  ACROW MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY THIRD PARTY WEB SITE OR OTHER CONTENT, PRODUCT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE. ACROW DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ACROW DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF, (D) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF PRODUCTS OR SERVICES OF AND FROM THE WEB SITE, DIRECTLY OR INDIRECTLY, (E) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, AND (F) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ACROW OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

ACROW MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, THAT THE INFORMATION, PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE WEB SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION. ANY INFORMATION ON THIS WEB SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES, INCLUDING, BUT NOT LIMITED TO, CHANGES TO FUNCTIONALITY, OPERATIONS OF FUNCTIONS, PRICES, DISCOUNTS, RULES AND REQUIRMENTS FOR WEB SITE ACTIVITIES, FEATURES AND HOURS OF OPERATION.  ACROW MAKES NO REPRESENTATION, WARRANTY OR ENDORSEMENT OF THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE.  YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE, STATEMENT, OR INFORMATION SHALL BE AT YOUR SOLE RISK. 

6. Limitation of Liability.  IN NO EVENT WILL ACROW OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEB SITE, OR ON ANY OTHER WORLD WIDE WEB INTERNET SITE LINKED TO THIS WEB SITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THIS WEB SITE OR ANY PART THEREOF OR ANY SITE LINKED TO THIS WEB SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL ACROW OR ITS AFFILIATES OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEB SITE) OR ANY FEATURES, PRODUCTS OR SERVICES DELIVERED OR PROVIDED HEREUNDER EVEN IF ACROW OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

ACROW RESERVES THE RIGHT TO ALTER THE CONTENT OF THIS WEB SITE IN ANY WAY (INCLUDING THE RIGHT TO ALTER, CHANGE OR REMOVE THE PRODUCTS AND SERVICES OFFERED AND PROVIDED THROUGH THE WEB SITE), AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACROW’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL ACROW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED TEN DOLLARS ($10.00).

7. Indemnification.  Upon a request by Acrow, you agree to indemnify and hold harmless Acrow and its subsidiaries, affiliates, shareholders, directors, officers, agents, licensors, licensees, information providers, co-branders or other partners and employees from and against all liabilities, claims and expenses, including reasonable attorneys’ fees and costs, in connection with any claim arising out of or relating to: (a) any breach by you of the Agreement or the foregoing representations, warranties, and covenants, and (b) your use of the Web Site, including, without limitation, use of any feature providing for the transmission of information, materials or questions to Acrow; and (c) your use of any products or services delivered hereunder in a manner in which such products or services were not intended.  You shall cooperate as fully as reasonably required in the defense of any claim.  Acrow reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Acrow.

8. Termination.  Acrow reserves the right, in its sole discretion, to terminate this Agreement and your access to all or parts of this Web Site, with or without notice and with or without cause. Termination of your access to this Web Site means the revocation of the limited and temporary license and permission to use the software and other resources of the Web Site granted to you under this Agreement by Acrow. In the event of any termination of this Agreement, no fees paid or paid in advance, if any, will be refunded.  The provisions of this Agreement will survive the termination of your access to the Web Site and of this Agreement.

9. Notices.   Acrow may give notices to users of the Web Site, at Acrow’s option, by posting a message on the Web Site, by electronic or conventional mail or by any other means by which users obtain actual knowledge thereof.  Except as specifically provided in this Agreement, notices by users to Acrow must be given by electronic or conventional mail. Notices to Acrow by electronic mail must be sent to sales@acrow.com. Notices to Acrow by conventional mail must be sent to: Acrow Corporation of America, Attn: Mark Joosten, 181 New Road, Parsippany, NJ 07054-5625. Notices by a user to Acrow will not change the terms of this Agreement unless the change is expressly accepted in writing by an authorized officer of Acrow.  Any violations of this Agreement should be reported to Acrow at 1.973.244.0080.

10. United States Jurisdiction, Choice of Law and Forum.  The Web Site is operated in the United States of America. We do not represent that content or materials presented on the Web Site are appropriate or available for use in other locations. If you access the Web Site from a jurisdiction other than the United States of America, you agree that you do so on your own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable to your use of the Web Site. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the District of New Jersey or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New Jersey located in Essex County, in all disputes arising out of or relating to the use of this Web Site.

11.  Export Control.  Software and other content made available on this Web Site may be subject to United States of America export control laws. No software or other content from the Web Site may be downloaded or otherwise exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S.A. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software made available on this Web Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

12. Miscellaneous.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and Acrow as a result of this Agreement or your use of this Web Site. Nothing contained in this Agreement is in derogation of Acrow’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by Acrow with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Acrow with respect to, and governs your use of, this Web Site, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Acrow. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. This Agreement may be modified only by our posting on the Web Site changes to this Agreement.  Any use of the Web Site by you after such notice shall be deemed to constitute acceptance by you of such modification.  The failure of Acrow to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement, or to act with respect to similar breaches.   This Agreement shall apply and be binding upon and inure to the benefit of and be enforceable by the parties hereto and their respective predecessors, successors and assigns.  Acrow may assign its right and obligations under this Agreement and, upon such assignment, Acrow may be relieved of any further obligation hereunder.  Any cause of action you may have with respect to your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises.