Terms of Use
Last Updated: 10/7/2024
Introduction; Acceptance of the Terms of Use
This website https://cfrengines.com/ (the “Website”) is operated by CFR Engines Inc., N8 W22577 Johnson Drive, Pewaukee, WI 53186, USA. The terms “CFR”, “we”, “us”, and “our” refer to CFR Engines Inc. The following terms and conditions of use, as amended from time to time (the “Terms”), govern your access to and use of our Website, including any content or functionality offered on or through the Website. The Terms are to be read together with any terms, conditions, or disclaimers provided in the pages of our Website or with the services offered on or through the Website; provided, that in the event of a conflict between these Terms and the terms of a specific service offered on or through the Website, the terms of such specific service shall take precedence. Please review the Terms carefully before you start to use the Website. The Terms apply to all users of our Website, including without limitation, users who are browsers, customers, vendors and/or contributors of content. By using the Website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy, available at cfrengines.com/privacy-policy (“Privacy Policy”) and incorporated herein by reference. If you do not agree to the Terms or our Privacy Policy, you must not access our Website or use any of our Website’s services.
This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with CFR and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to the Terms of Use
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Use of our Website
You agree to use our Website for lawful purposes only in accordance with these Terms and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law.
Without limiting the foregoing, you agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate CFR, a CFR employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm CFR or users of the Website, or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
General Conditions
We reserve the right to make any modifications to the Website, including terminating, changing, suspending, or discontinuing any aspect of the Website at any time in our sole discretion, without notice. We may impose additional rules or limits on the use of our Website. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users.
You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of our Website or for any service, content, feature or product offered through our Website.
Monitoring and Enforcement; Termination
We have the right to:
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD CFR HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF OUR INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted; Errors and Omissions
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Please note that any material contained on our Website may contain typographical errors or inaccuracies and may not be complete or current, and we are under no obligation to correct or update such material, except as required by law. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice. Such errors, inaccuracies, or omissions may relate to product description, pricing, promotion, and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by CFR, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
• Modify copies of any materials from this Website.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted by these Terms are reserved by CFR. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Trademarks
The CFR Engines name, the CFR Engines logo and all related names, logos, product and service names, designs and slogans are trademarks of CFR or its affiliates or licensors. You must not use such marks without the prior written permission of CFR. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Links to Third-Party Websites
Links to websites outside our Website are provided for convenience only. We do not review, endorse, approve, or control, and are not responsible for any sites linked from or to our Website, the content of those sites, the third parties named therein, or their products and services. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.. Links to downloadable software or literature on any third-party websites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading any software or literature from such third-party websites.
Your Personal Information
All information we collect on this Website is subject to our Privacy Policy, available at cfrengines.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Warranty Disclaimers
YOU ASSUME ALL RESPONSIBILITY AND RISK WITH RESPECT TO YOUR USE OF OUR WEBSITE, WHICH IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO ANY AND ALL INFORMATION AVAILABLE ON OR ACCESSED FROM OR VIA OUR WEBSITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT AND MATERIALS, AND FUNCTIONS AND SERVICES PROVIDED ON OR THROUGH OUR WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS OR USEFULNESS OF CONTENT OR INFORMATION, UNINTERRUPTED ACCESS, AND ANY WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT OUR WEBSITE OR ITS FUNCTIONING OR THE CONTENT AND MATERIAL OF THE SERVICES MADE AVAILABLE THEREON OR THERETHROUGH WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
IN NO EVENT WILL WE, OR OUR AFFILIATES, OUR OR THEIR RESPECTIVE CONTENT OR SERVICE PROVIDERS, OR ANY OF OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AGENTS, CONTRACTORS, SUPPLIERS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION, OR LOST REVENUE, LOST PROFITS, LOST BUSINESS OR SALES, OR ANY OTHER TYPE OF DAMAGE, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF, OUR WEBSITE OR THE CONTENT, MATERIAL, FUNCTIONALITY, OR SERVICES AVAILABLE ON OR THROUGH OUR WEBSITE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
Indemnification
You agree to defend and indemnify us, and hold us, our affiliates and our and their respective directors, officers, agents, contractors, and employees harmless from and against any losses, liabilities, claims, damages, judgments, awards, costs, and expenses (including legal fees) in any way arising from, related to or in connection with your use of our Website, your violation of the Terms, or the posting or transmission of any materials on or through the Website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party intellectual property or other proprietary rights.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and CFR with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Severability
If any of the provisions of the Terms is held by a court of competent jurisdiction to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law; Jurisdiction
All matters relating to the Terms, the Privacy Policy, or your access to or use of our Website, or our services offered on or through our Website, and any disputes arising therefrom or relating thereto, shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA without regard to its conflict of law rules. Any disputes, actions or proceedings arising out of or relating to the Terms, the Privacy Policy, or your access to or use of our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wisconsin of or for Waukesha County, Wisconsin and you irrevocably consent to the exercise of jurisdiction over you by such courts and to venue in such courts; provided, that we retain the right to bring any suit, action or proceeding against you for breach of these Terms in any court with jurisdiction over your place of residence.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Questions or Concerns
Please send all questions, comments and feedback relating to the Website or its contents to us at info@cfrengines.com.