IMPORTANT-READ CAREFULLY: This End-User License Agreement (License) is a legal agreement between you and Charlotte Pipe and Foundry Company ('Charlotte Pipe', 'CPF') NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CHARLOTTE PIPE APPLICATION ('APPLICATION') IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS WARRANT THAT (i) USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE APPLICATION IS ACCURATE, RELIABLE OR CURRENT. IF YOUR USE OF THE APPLICATION OR THE CONTENT RESULTS IN PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS RESULTING FROM THE USE OR MISUSE OF THE APPLICATION. WE ARE NOT RESPONSIBLE FOR THOSE COSTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION ('SERVICES') ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CHARLOTTE PIPE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CHARLOTTE PIPE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CHARLOTTE PIPE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTIES. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
UNDER NO CIRCUMSTANCES SHALL CHARLOTTE PIPE AND FOUNDRY (�CHARLOTTE PIPE�) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, PROPERTY DAMAGE, PHYSICAL INJURY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(a.) THE USER UNDERSTANDS AND AGREES THAT THE APPLICATION PROVIDED BY CHARLOTTE UNDER NO CIRCUMSTANCES SHALL CHARLOTTE PIPE AND FOUNDRY ('CHARLOTTE PIPE') OR ANY PIPE IS NOT A SUBSTITUTE FOR AN ENGINEERING EVALUATION. THE USER AGREES THAT THIS APPLICATION IS NOT A COMPLETE ENGINEERING REFERENCE ADDRESSING ALL ASPECTS OF DESIGN AND INSTALLATION. You understand and agree that Charlotte Pipe will not be liable for property damage, personal injury or any other loss resulting from the use or misuse of the application.
(b.) Consent to Use of Information: You agree that Charlotte Pipe and Foundry Company may collect and use technical data and related information, including but not limited to information about your device and system that is gathered periodically to facilitate the provision of software updates. You also agree that Charlotte Pipe may also collect information including but not limited to email addresses for the purpose of improving our marketing services and products to you.
(c.) This application may contain logos, trademarks, content, information and material that is proprietary to Charlotte Pipe and are protected by intellectual property and other laws, including but not limited to copyright, and you agree that you will not use these logos, trademarks, content, information and materials in any way whatsoever except for permitted use of the application and terms of service. Furthermore you agree not to modify, rent, lease, loan, sell, distribute the logos, trademarks, content, information and material that is contained in this application and service. No portion of this application may be reproduced in any form or means other than by Charlotte Pipe.
(d.) You understand that Charlotte Pipe reserves the right to terminate this service at any time, and will terminate the use of this service if you fail to comply with any term(s) of this service. Furthermore, Charlotte Pipe reserves the right to update this application at any time and without notice.