Welcome to the web site operated by Kranson Industries, Inc., doing business as TricorBraun ("TricorBraun"). TricorBraun's web sites are located at either TricorBraun.com, Kranson.com, CaliberWine.com, RapidFind.com, RapidFind.biz, RapidFind.info, and related subdomains ("Site").
This page explains the terms and conditions ("Terms and Conditions") under which you (the "User") may use the Site. By accessing, browsing and/or using the Site, the User acknowledges that he or she has read, understood and agreed to be bound by these Terms and Conditions. Use of the Site constitutes a binding agreement between the User and TricorBraun.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THE SITE.
1. MODIFICATION.
User should visit this page periodically to review the Terms and Conditions. User acknowledges and agrees that the Terms and Conditions currently in effect as of this date may be modified or amended by TricorBraun from time to time. User's continued use of the Site after a modification or amendment shall constitute acceptance and agreement to the modified Terms and Conditions. TricorBraun may terminate this Site at any time. In addition, TricorBraun reserves the right to change the format, organization, and content of the Site, at anytime, without notice.
2. JURISDICTION
(a) Any claim relating to, and use of, the Site and the materials contained on the Site are governed by and construed in accordance with the laws of the state of Missouri (regardless of the laws that might be applicable under principles of conflicts of law). User irrevocably consents to the exclusive jurisdiction and venue of the Circuit Court of St. Louis County, Missouri or the United States District Court for the Eastern District of Missouri in St. Louis City, Missouri in all disputes arising out of or relating to these Terms and Conditions or the use of the Site.
(b) The Site is controlled and operated by TricorBraun from its offices within the United States. TricorBraun makes no representation that the contents of the Site are appropriate or available for use in other locations outside the United States. Access to the Site is prohibited in territories where the contents of the Site are illegal.
3. USE RESTRICTIONS
(a) All content included on the Site, such as text, graphics, button icons, images, and software ("Material"), is the exclusive property of TricorBraun or others, and protected by U.S. and international copyright laws. TricorBraun authorizes the User to view and download the Material of this Site only for non-commercial use, provided that the User retains all copyright and other proprietary notices contained in the original Material on any copies of the Material. The User may not modify the Material at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the Material for any public or commercial purpose. For purposes of these Terms, any use of the Material on any other web site or networked computer environment for any purpose is prohibited.
(b) The trademarks, service marks and logos ("Trademarks") used and displayed on the Site are registered and unregistered Trademarks of TricorBraun and others. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.
4. DISCLAIMER
(a) THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS. TRICORBRAUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. TRICORBRAUN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. IF USE OF CONTENT AND MATERIAL FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, USER ASSUMES ANY COSTS THEREOF. IN ADDITION, IF USER RESIDES OUTSIDE THE UNITED STATES, INFORMATION PUBLISHED AT THIS SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN USER'S COUNTRY.
(b) The Site contains links to third party web sites. These links are provided solely as a convenience to User and not as an endorsement by TricorBraun of the content on such third-party web sites. TricorBraun is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of information on such third-party sites. If User accesses any of the third-party web sites linked to this Site, User does so entirely at his or her own risk.
5. RELEASE
USER HEREBY RELEASES AND FOREVER DISCHARGES TRICORBRAUN AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY AND ALL MANNER OF LIABILITY, CLAIMS, COUNTERCLAIMS, DEMANDS, SETOFFS, DAMAGES, OR CAUSES OF ACTION, WHICH HE OR SHE NOW HAS OR WHICH MAY HEREAFTER ACCRUE, WHETHER HERETOFORE ASSERTED OR UNASSERTED, KNOWN OR UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATING TO USE OF THE SITE BY THE USER, SPECIFICALLY INCLUDING BUT NOT LIMITED TO ANY CLAIMS BASED IN WHOLE OR IN PART UPON THE ALLEGED NEGLIGENCE OF TRICORBRAUN, IN OPERATING THE SITE OR OTHERWISE.
6. INDEMNIFICATION
USER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS TRICORBRAUN, AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, OBLIGATIONS, DAMAGES, DEFICIENCIES, EXPENSES, ACTIONS, SUITS, PROCEEDINGS, DEMANDS, ASSESSMENTS AND/OR JUDGMENTS, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARE CAUSED BY, OR RESULT OR ARISE FROM, ANY BREACH BY THE USER OF ANY OF THESE TERMS AND CONDITIONS.
7. LINKING
Anyone linking to the Site must comply with all applicable laws. A site that links to TricorBraun's Site:
(a) may link to, but not replicate, content on this Site;
(b) should not create a browser or border environment around content on this Site;
(c) should not imply that TricorBraun is endorsing it or its products;
(d) should not misrepresent its relationship with TricorBraun;
(e) should not present false information about TricorBraun's products or services;
(f) should not use TricorBraun's trademarks without permission; and
(g) should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
8. ADVERTISEMENTS
User's correspondence or business dealings with advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User and such advertiser. User hereby releases TricorBraun of, and agrees that TricorBraun shall not be responsible or liable for any loss, damage or claim (including negligence) of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on the Site.
9. GENERAL PROVISION
If any provision of these Terms and Conditions is declared by a court to be invalid, illegal, or unenforceable, such provision shall be deemed severable from this Agreement and the other provisions shall remain in full force and effect. The failure of TricorBraun to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.