Welcome to the Cerako USA web site at cerakousa.com ("Site") which is owned by Cerako USA. This Site is operated by Cerako USA and materials
on the Site are primarily owned by Cerako USA. The Site may also include materials owned by third parties and posted on the Site by virtue of a
license, grant or some other form of agreement between the third party and Cerako USA. Cerako USA has created this Site for your personal use,
enjoyment and education. However, you are only authorized to access this Site or to use the materials contained in the Site (regardless of whether
this Site immediately. Any questions or comments regarding, or problems with this Site should be sent to the Site Administrator by going to
http://cerakousa.com/Contact.html and conveying your concerns or with what you are at issue.
Cerako USA reserves the right to modify or amend this Agreement without notice at any time. It is therefore important that you read this page
regularly to ensure you are aware of any changes.
If you become aware of misuse or abuse of this Site by any person, please contact the Site Administrator by going to
ACCESS AND USE
All materials contained in this Site are protected by U.S. and international trademark and copyright laws and must only be used for personal,
non-commercial purposes. This means that you may only view or download material from this Site for your own use and you must keep all copyright
and other proprietary notices attached to the downloaded material.
The reproduction, duplication, distribution (including by way of e-mail, facsimile or other electronic means), publication, modification, copying or
transmission of material from this Site is STRICTLY PROHIBITED unless you have obtained the prior written consent of Cerako USA or unless it is
expressly indicated and allowed by this Site. The material covered by this prohibition includes, without limitation, any text, graphics, logos,
photographs, audio or video material or stills from audiovisual material available on this Site. The use of materials from this Site on any other Web site
or networked computer environment is similarly prohibited. Requests for permission to reproduce or distribute materials found on this Site can be
made by contacting Cerako USA in writing at Cerako USA, Business Affairs at3231 Glendale Avenue, Baltimore, MD21234, or by going to
You are also strictly prohibited from creating works or materials which are derived from or based on the materials contained in this Site including,
without limitation, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise. This
prohibition applies regardless of whether the derivative materials are sold, bartered or given away.
You agree that any Message whatsoever submitted by you becomes the property of cerakousa.com and may be used by cerakousa.com for its own
needing or demanding such under proper and due jurisdiction.
EXECUTION OF INFORMATION SECURITY
Cerakousa.com does its best to employ adequate protection and security of information provided by Site visitors at the point of reception within our
Site or upon receiving via any other electronic communications within our computer system/network. Cerakousa.com also does its best to adequately
protect and secure any such information once received and stored.
In most cases, cerakousa.com does not request nor require information which would identify an individual, although a visitor does have the opportunity
to do so for whatever reason the visitor finds beneficial or necessary. In certain instances, cerakousa.com may find provision of such additional
information necessary in communicating or conducting business with a visitor.
FINANCIAL INFORMATION SECURITY
Cerakousa.com does not request nor require, via its Site, financial information which would or will be used, handled or processed by cerakousa.com.
Cerakousa.com does not employ pop-ups on the Site. Certain hyper-links activated (initiated) by a visitor may appear or be presented as a Web page
or window opening in a reduced size, as a convenience to the visitor or for the purposes of cerakousa.com. The same may occur when activating a
hyper-link for an authorized third party providing such on the Site. Visitors are asked to advise cerakousa.com by going to
http://cerakousa.com/Contact.html if any uninitiated window or page, reduced in size or otherwise, appears while visiting any page on the Site.
If unsolicited submissions are sent to cerakousa.com via this Site, these submissions become the property of cerakousa.com and may be used,
copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as cerakousa.com sees fit. You agree that
you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any
claim against cerakousa.com, or affiliates relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied
LINKS AND ADVERTISING
If you are interested in creating hypertext links to this Site, you must contact Cerako USA by mail, 3231 Glendale Avenue, Baltimore, MD21234,
phone 443-392-4908 or go to http://cerakousa.com/Contact.html before doing so. In establishing hypertext links, you must not represent in any way,
expressly or by implication, that you have received the endorsement, sponsorship or support of this Site or cerakousa.com, including its respective
employees, agents or officers.
If cerakousa.com has provided links or pointers to other web sites, no inference or assumption should be made and no representation should be
implied that cerakousa.com is connected with, operates or controls these web sites. Cerakousa.com is not responsible for the content or practices of
third party web sites that may be linked to this Site. Our Site may also be linked to other web sites operated by companies affiliated or connected
Cerakousa.com takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods
or services provided by its advertisers.
Cerakousa.com reserves the right to immediately terminate your use of, or access to, this Site at any time if cerakousa.com decides at its sole
discretion that you have breached this Agreement or any relevant law, rule or regulation or you have engaged in conduct that cerakousa.com
considers to be inappropriate or unacceptable.
If you believe that any material contained in this Site constitutes infringement of your copyright, you should notify cerakousa.com of your copyright
infringement claim in accordance with the following procedure. Cerakousa.com will process notices of alleged infringement which it receives and will
take appropriate action as required by the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. The DMCA
requires that notifications of claimed copyright infringement should be sent to this Site's Designated Agent, whom is: Cerako USA, Attn: Legal Affairs,3231 Glendale Avenue, Baltimore, MD21234.
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. 512(c)(3)): 1.) Physical or electronic
signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2.) Identification of the copyrighted work
claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such
works at that site; 3.) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or
access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; 4.) Information reasonably
sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail
address at which the complaining party may be contacted; 5.) A statement that the complaining party has a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or the law; 6.) A statement that the information in the notification is
accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly
DISCLAIMER OF LIABILITY AND WARRANTIES
While cerakousa.com does its best to ensure the optimal performance of the Site, you agree that your use of this Site and reliance on material
contained in this Site is at your own risk. The Site, and all materials in this Site, are provided "as is" and, to the fullest extent permitted by law, are
provided without warranties of any kind either express or implied. This means, without limitation, that cerakousa.com DOES NOT WARRANT that the
Site is fit for any particular purpose; that the functions contained in the materials in the Site will be uninterrupted; that defects will be corrected; that
the Site is free of viruses and other harmful components or that the Site is accurate, error free or reliable. You acknowledge that Cerako USA, and its
affiliates, together with their respective employees, agents, directors and officers, IS NOT LIABLE for any delays, inaccuracies, failures, errors,
omissions, interruptions, deletions, defects, viruses, communication line failures or for the theft, destruction, damage or unauthorized access to your
computer system or network.
You acknowledge that Cerako USA is not liable for any defamatory, offensive or illegal conduct or material found in connection with this Site, including
such conduct or material transmitted by any means by any other person.
You acknowledge that Cerako USA is not liable for any damages, including, without limitation, direct, incidental, special, consequential or punitive
damages, in connection with or arising from your use or from your inability to use the Site.
WE, OUR ASSOCIATES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS"
AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS,
EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS
OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR
THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUBSIDIARIES, OFFICERS,
DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $50. Some states do
not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold harmless Cerako USA, its parents and affiliates together with their respective employees, agents, directors
and officers, from and against all the liabilities, claims, damages and expenses (including reasonable attorney's fees and costs) arising out of your
use of this Site; your failure to use the Site; your breach or alleged breach of this Agreement or your breach or alleged breach of the copyright,
trademark, proprietary or other rights of third parties.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your
bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is
deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. This Agreement is governed by,
and construed in accordance with, the laws of the State of New Jersey without giving effect to any principles of conflicts of law. You agree to submit
to the exclusive jurisdiction of the courts of the State of New Jersey or, if appropriate, the United States District Court for the District of New Jersey for
resolution of any dispute, action or proceeding arising in connection with this Agreement or your use or non-use of the Site, and you further
irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Cerako USA, Attn: Legal Affairs, 3231 Glendale Avenue, Baltimore,
MD21234, (in the case of cerakousa.com) or to the e-mail address you provided to cerakousa.com during the registration process (in your case).
Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we
may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to cerakousa.com during the registration
process. In such case, notice shall be deemed given 3 days after the date of mailing.
RESOLUTION OF DISPUTES
In the event a dispute arises between you and cerakousa.com, our goal is to provide you with a neutral and cost effective means of resolving the
dispute quickly. Accordingly, you and cerakousa.com agree that any claim or controversy at law or equity that arises out of this Agreement or our
services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties.
Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable
requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.
1 Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than
$10,000, you or Cerako USA may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon
written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration
Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any
judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
2 Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located inBaltimore County, Maryland. You and Cerako
USA agree to submit to the personal jurisdiction of the courts located within the county ofBaltimore, Maryland.
3 Alternative Dispute Resolution. Alternatively, cerakousa.com will consider use of other alternative forms of dispute resolution, such as binding
arbitration to be held inBaltimore County, Maryland or another location mutually agreed upon by the parties. All Claims (excluding requests for
injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this
Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorneys' fees and
costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party
has failed to withdraw the Claim. You agree that this Agreement and all incorporated agreements may be automatically assigned by cerakousa.com
in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the Scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The services hereunder are offered by cerakousa.com, located at3231 Glendale Avenue, Baltimore, MD21234. If you are a Maryland resident, you
may have this same information e-mailed to you by sending a letter to the foregoing address with your e-mail address and a request for this
COPYRIGHTS (C) / TRADEMARKS (TM) / SERVICE MARKS (SM)
(C) 2015 Cerakousa.com. All trademarks are owned by cerakousa.com or are used under license. All rights reserved. All materials contained in
cerakousa.com web sites are protected by copyright and trademark and shall not be used for any purpose whatsoever other than private,
non-commercial viewing purposes. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio,
video footage, or any other materials contained herein are expressly prohibited.