TERMS OF USE

ACCEPTANCE OF TERMS

By accessing croc-cut.com/, and CROC-CUT’s other websites, online locations, and social media (collectively, the “Sites”), you acknowledge that you have read, understood and accept these Terms of Use (“TOU”). If you do not understand or agree to any of the terms, you should immediately exit the Sites and your permission to use the Sites is revoked. CROC-CUT (together with our affiliates, “CROC-CUT”, “Sign Supplies China Pty Ltd”, “us”, “we”) reserves the right to update the TOU at any time. You should check the TOU regularly for updates. You can determine when the TOU were last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Sites, you signify your acceptance of the then-current TOU. Any material changes in these TOU take effect upon posting and apply only to use of the Sites and information collected from you on and after the Last Revised date, unless we provide notice or have other communications with you.

Your access to or use of certain aspects of the Sites may be subject to additional terms, conditions, details and specifications posted to the Sites, or may require you to agree with and accept additional terms and conditions (“Supplemental Terms”). By accessing or using those aspects of the Sites you express agree to such Supplemental Terms. If there is a conflict between the terms and conditions of these TOU and terms and conditions of any Supplemental Terms, the terms and conditions of the Supplemental Terms will take precedence with respect to your access to or use of those aspects of the Sites. Other than with respect to this paragraph, the definition of TOU includes any Supplemental Terms, which are hereby incorporated herein.

CROC-CUT may make changes to the Sites or their content, services or features at any time. You understand and agree that CROC-CUT may discontinue the Sites, or terminate or restrict your use of the Sites at any time for any reason or no reason, with or without notice. With regard to any behavior that is in violation of the provisions of the TOU, CROC-CUT shall have the right to seek legal and equitable remedies.

Please review the Privacy Policy for the Sites, which is incorporated in these TOU. If you do not agree with the Privacy Policy, you are not authorized to use the Sites.

LIMITED LICENSE

All contents on the Sites are copyrighted and owned by CROC-CUT or its or their suppliers (or the respective officers, directors, employees, agents, successors or assigns of any such entities) (collectively, the “CROC-CUT Parties”), unless otherwise stated. Without prior written consent of CROC-CUT or other parties, any content on the Sites shall not be reproduced, distributed, photocopied, played, linked, framed or transmitted with super-links, loaded into other servers in a “mirroring method”, stored in an information retrieval system, or otherwise used for any commercial purpose by any person by any means. The Sites content may be used, downloaded or reproduced for private and non-commercial purposes only (provided however, that such use shall not include any revision to the content and the copyright notices and other proprietary notices shall be retained in the same form and manner as on the original).

TRADEMARKS

All trademarks and logos displayed, mentioned or otherwise used on the Sites are property of CROC-CUT or third parties. You are not permitted to use any of these trademarks or logos in any way without explicit prior written permission of CROC-CUT or such third party as applicable.

ACCURACY OF INFORMATION

Each Site and its contents are provided for your convenience only. CROC-CUT attempts to provide complete, accurate and current information on the Sites. Despite our efforts, the information on the Sites may occasionally be inaccurate, incomplete or out of date. CROC-CUT makes no representation as to the completeness or accuracy of any information on the Sites. CROC-CUT may change the contents available on the Sites or the products mentioned on the Sites at any time without notice.

DISCLAIMERS

Each Site and its contents are provided for your convenience only. Although CROC-CUT has attempted to provide accurate information on the Sites, it assumes no obligation or responsibility regarding the accuracy of the information whatsoever. CROC-CUT may change the contents available on the Sites or the products mentioned on the Sites at any time without notice.

THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE. ALL FAULTS AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT CROC-CUT, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. CROC-CUT EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CROC-CUT MAKES NO WARRANTY THAT THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE SITES WILL BE CORRECTED. CROC-CUT MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITES OR FROM THE CROC-CUT PARTIES SHALL CREATE ANY WARRANTY, WITH THE EXCEPTION OF THE CROC-CUT DEVICE USA INC. LIMITED WARRANTY AVAILABLE AT LIMITED WARRANTY. CROC-CUT DISCLAIMS ALL EQUITABLE INDEMNITIES.

LIMITATION OF LIABILITY

NEITHER CROC-CUT OR ANY OF THE CROC-CUT PARTIES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR EXEMPLARY DAMAGES INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUES, LOSS OF DATA, AND/OR LOSS OF BUSINESS, ARISING OUT OF IN CONNECTION WITH THE SITES OR RELIANCE ON THE CONTENTS CONTAINED HEREIN, EVEN IF CROC-CUT OR THE CROC-CUT PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any CROC-CUT Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the CROC-CUT Party’s liability shall be the minimum permitted under such applicable law.

TERMINATION

CROC-CUT may terminate, suspend, or modify your Account (defined below), or access to, all or part of any Site, without notice, at any time and for any reason. You may discontinue your participation in and access to the Sites at any time. If you breach any of the TOU, your authorization to use the Sites automatically terminates and you must immediately destroy any downloaded or printed materials (and any copies thereof).

PRODUCT AVAILABILITY

The availability of the products and services described on the Sites, and the prices and descriptions of such products and services, may vary in your location and are subject to change at any time without notice to you.

LINKS TO THIRD PARTIES

Although links to third party websites or resources may be contained in the Sites for your convenience, CROC-CUT does not control and is not responsible or liable for any third party websites or any content, advertising, products or other materials on or available from such third party sites. CROC-CUT does not assume any responsibility or liability for the actions, product and content of any third party site. You should carefully review the privacy statements and terms of use of any such third party site. In addition, a link to third party sites does not imply that CROC-CUT endorses the site or the products or services referenced therein.

PRIVACY

This website is subject to CROC-CUT’S Privacy Policy, the details of which can be viewed by selecting “Privacy Policy” in the bar at the bottom of web pages on this website.

It should be noted that the network link and data transmitted between yourself and this website are neither completely safe nor confidential, and it is possible that information and data you send to this website could be intercepted by others. CROC-CUT is unable to guarantee the security and confidentiality of the network link and data transmitted between yourself and this website.

ACCESS TO PASSWORD PROTECTED/SECURE AREAS

The Sites may contain some features and areas that require registration and creation of an account or profile with an account ID and password (collectively, “Account”). You agree to provide only accurate and truthful information in creating or maintaining an Account. You are responsible for maintaining the confidentiality of your password and are fully responsible for all uses of your password, whether by you or others. When you register for an Account and each time you access your account, you agree to (a) log out of your account at the end of each session; (b) keep your password confidential and not share it with anyone else; and (c) immediately notify CROC-CUT of any unauthorized use of your password or Account or any other breach of security. CROC-CUT reserves the right to delete, modify or remove any content on any Account at any time in its sole discretion. You are solely responsible to backup any content that you do not want deleted, modified or removed from the Account. CROC-CUT is authorized to act on instructions received through use of your password, and is not liable for any loss or damage arising from your failure to comply with this Section or these Terms of Use.

Only authorized users may have access to and make use of certain password protected and/or secure areas of the Sites. Unauthorized users attempting to access such areas may be subject to prosecution.

APPLICABLE LAW AND JURISDICTION

The establishment, enforcement, and interpretation of this Agreement, as well as the resolution of disputes related thereto, shall be subject to the laws of the People’s Republic of China.

The place of signing of this Agreement will be regarded as Jinan City in Shangdong Province in the People’s Republic of China. Should any dispute arise with regard to the Content or execution of this Agreement, both parties should seek resolution thereof through amicable consultation. Should a settlement fail to be reached through consultation, either party may file a lawsuit with a court with jurisdiction in the place of signing.

USER SUBMISSIONS

Certain areas of the Sites (e.g., chat rooms or customer ratings and review areas) may permit you to submit feedback, information, data, text, music, sound, photographs, graphics, video, messages, or other materials (together with any other user submission made on or through the Sites, each, a “User Submission”). All User Submissions are strictly the views of the originating user, and CROC-CUT is not responsible for their accuracy or truthfulness, CROC-CUT reserves the right to edit, block, or remove any User Submissions at any time. Use of or reliance on a User Submission is entirely at your own risk.

By submitting a User Submission, you grant to CROC-CUT an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that CROC-CUT deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). CROC-CUT reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. CROC-CUT may, but is not obligated to, pre-screen User Submissions or monitor any area of the Sites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. CROC-CUT is not required to host, display, or distribute any User Submissions on or through the Sites and may remove at any time or refuse any User Submissions for any reason. CROC-CUT is not responsible for any loss, theft, or damage of any kind to any User Submissions. You agree not to submit any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that CROC-CUT will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. CROC-CUT does not guarantee that you will have any recourse through CROC-CUT or any third party to edit or delete any User Submission you have submitted.

BY SUBMITTING ANY USER SUBMISSION, YOU REPRESENT AND WARRANT THAT:

1. a) you are at least 18 years old, or if you are between 13-17 years old, you represent and warrant that you have the permission and agreement of your parent or guardian to make the submission;

1. b) you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to CROC-CUT the rights in your User Submissions described herein;

1. c) you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

1. d) you are the individual described, pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who appears and/or is described or heard in your User Submissions to grant the rights to CROC-CUT described herein;

1. e) your User Submissions do not infringe the copyright, trademark, patent, trade secret or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party, and do not use automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to user content;

1. f) you voluntarily waive all “moral rights” that you may have in your User Submission;

1. g) any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

1. h) your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising), or these TOU;

1. i) your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;

1. j) you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

1. k) your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

1. l) your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files, including without limitation by imposing an unreasonable or disproportionately large load or adverse impact on the Sites;

1. m) your User Submission does not contain any information that you consider confidential, proprietary, or personal;

1. n) your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; and

1. o) your User Submission does not engage in any other action that, in the judgment of CROC-CUT, exposes it, any CROC-CUT Party, or any third party to potential liability or detriment of any kind.

PAYMENTS

By placing an order on the Sites you represent that you have the authority to both place and direct payment for the order. If you are paying for your order via credit or debit card, you represent that you are an authorized user of the credit or debit card and authorize CROC-CUT or its designee to charge the credit and debit card you provided in the amount specified at checkout prior to completion of the order. You agree not to dispute the payment with your credit card company or bank, so long as the transaction corresponds to the terms provided to you at the time you placed your order.

INTERNATIONAL AND EXPORT ISSUES

CROC-CUT administers the Sites through a CROC-CUT Party from its offices in PRC, China, Australia, Canada, Europe Union, India, the United Kingdom and the United States (Collectively “the Jurisdictions”). CROC-CUT makes no representation that the Sites are appropriate or available for use outside the Jurisdictions and access to the Sites from territories where its contents are illegal or restricted is prohibited. If you choose to access any Site from outside the Jurisdictions, you do so on your own initiative and are responsible for compliance with applicable laws.

Personally identifiable information collected by CROC-CUT may be stored and processed in the Jurisdictions, or any other country in which CROC-CUT or the CROC-CUT Parties maintain facilities. By using any Site, you expressly consent to any such transfer of information outside of the Jurisdictions to the extent permitted by law.

You agree to comply with all export and re-export restrictions and regulations of the Department of Commerce and any other or foreign agencies and authorities in the Jurisdictions in connection with your use of the Sites and to not, in violation of any laws, transfer, or authorize the transfer, of any materials to a prohibited country or otherwise in violation of any laws. In particular, but without limitation, the materials may not, in violation of any laws, be exported or re-exported (a) into any U.S. embargoed countries (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 or the U.S. Department of Commerce Entity List of Proliferation Concern or the U.S. State Department Debarred Parties List. By using any materials subject to any such restrictions and regulations, 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.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CROC-CUT and the CROC-CUT Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that CROC-CUT or such CROC-CUT Parties may incur as a result of or arising from your (or anyone using your account’s) violation of these TOU, any applicable laws, the rights of CROC-CUT or the CROC-CUT Parties, or the rights of any third party; or your (or anyone using your account’s) use of or reliance on any Site or any content or User Submission, or posting of any User Submission. CROC-CUT reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with CROC-CUT’s defense of such claim.

ELECTRONIC COMMUNICATIONS

When you visit any Site or send e-mails to CROC-CUT, you are communicating with CROC-CUT electronically. We may respond to you by e-mail or by posting notices on a Site. You agree that all such notices, disclosures, and other communications that CROC-CUT provides to you electronically satisfy any legal requirement that such communications be in writing.

GENERAL

The TOU and Privacy Policy, together with any Supplemental Terms to which you agree when using particular elements of the Sites, constitute the entire and exclusive and final statement of the agreement between you and CROC-CUT with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and CROC-CUT with respect to such subject matter. The CROC-CUT Parties are third party beneficiaries with respect to the provisions in these TOU that reference them. The failure of CROC-CUT to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of CROC-CUT and you as reflected in the provision, and that the other provisions of the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect. The TOU shall remain in full force and effect notwithstanding any termination of your use of the Sites. The TOU will be interpreted without application of any strict construction in favor of or against you or CROC-CUT. The TOU, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by CROC-CUT without restriction.

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