Terms of Use

TERMS OF USE

Last updated July 2018

By accessing, or using our website, mobile applications or any other sites hosted by our service providers on our behalf (collectively the “Sites”), you agree to be bound by the following terms and conditions (“Terms”) that are established by Crystal Group, Inc. (“Crystal Group”), an Iowa corporation with offices at 855 Metzger Drive, Hiawatha, IA USA 52233.  This Site is intended for use by Crystal Group, its dealers, its customers, its potential customers, its suppliers, and its other authorized users determined by Crystal Group. If you do not agree to these Terms, please do not use our Sites.

Your continued use of our Sites constitutes acceptance of these Terms, which are subject to change from time to time, and without notice.  You should periodically review these Terms for any changes.  Unless stated otherwise, any changes to these Terms will take effect on the date they are posted.

LINKS TO THIRD PARTY SITES

Our Sites may contain links to other third-party websites (“Linked Sites”). The Linked Sites are not under the control of Crystal Group and Crystal Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Crystal Group is not responsible for webcasting or any other form of transmission received from any Linked Site. Crystal Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Crystal Group of such Linked Sites or any association with its operators.  Accordingly, we encourage you to be aware when you leave our Sites to read the terms and conditions and privacy policies of every Linked Site that you visit.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of our Sites, you warrant to Crystal Group that you will not use our Sites for any purpose that is unlawful or prohibited by these Terms. You may not use our Sites in any manner which could damage, disable, overburden, or impair our Sites or interfere with any other party’s use and enjoyment of our Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites.

USE OF COMMUNICATION SERVICES

Our Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

Crystal Group has no obligation to monitor the Communication Services. However, Crystal Group reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Crystal Group also reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Crystal Group reserves the right to use any personal information that you post on the Communication Service consistent with its Privacy Statement.  This includes the right to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Crystal Group sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Crystal Group does not control or endorse the content, messages or information found in any Communication Service and, therefore, Crystal Group specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized by Crystal Group spokespersons, and their views do not necessarily reflect those of Crystal Group.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Crystal Group OR POSTED on the SITEs

Crystal Group does not claim ownership of the materials you provide to Crystal Group (including feedback and suggestions) or post, upload, input or submit to any Crystal Group Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Crystal Group, its affiliated companies, and sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Rugged Computer Servers for Military, Industrial & Commercial Applications by Crystal Group is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Rugged Computer Servers for Military, Industrial & Commercial Applications by Crystal Group’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Crystal Group SITEs MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Crystal Group AND/OR ITS service providers MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Crystal Group SITEs AT ANY TIME. ADVICE RECEIVED VIA THE Crystal Group SITEs SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CRYSTAL GROUP AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITEs FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Crystal Group AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Crystal Group AND/OR ITS VENDORS, SUPPLIERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Crystal Group SITES, WITH THE DELAY OR INABILITY TO USE THE SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN Crystal Group OR ANY OF ITS VENDORS, SUPPLIERS, OR SERVICE PROVIDERS have BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITEs, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITEs.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Crystal Group, its directors, officers, employees and agents from and against any and all claims, damages, losses, liabilities, costs or debt, and expenses (including reasonable attorneys’ fees) that arise or result from (i) your use of and access to our Sites; (ii) your violation of these Terms, including, but not limited to, any obligation, representation, or warranty made herein; and (iii) your violation of any third-party right, including without limitation any intellectual property right, property right, or privacy right.  This defense and indemnification obligation will survive termination of these Terms and your use of the Sites.

TERMINATION/ACCESS RESTRICTION

Crystal Group reserves the right, in its sole discretion, to terminate your access to our Sites and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Iowa, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Cedar Rapids, Iowa. in all disputes arising out of or relating to the use of the Sites. Use of the Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Crystal Group as a result of this agreement or use of the Sites. Crystal Group’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Crystal Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Crystal Group with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Crystal Group with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Crystal Group with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES

All contents of the Sites are: Copyright 2009-2018 Crystal Group, Inc. and/or its vendors, suppliers or service providers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.  You cannot use any of the Crystal Group trademarks or any other marks without express written permission.  Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Crystal Group respects the intellectual property rights of others and expects users to do the same. Pursuant to 17 U.S.C 512(c)(3) (Digital Millennium Copyright Act of 1998), Crystal Group’s designated agent to receive notice of alleged copyright infringement is:

Crystal Group, Inc.
Attn: Copyright
855 Metzger Drive,
Hiawatha, IA 52233

To file a notice of infringement with us, you need to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office website, http://www.copyright.gov/legislation/pl105-304.pdf (visited July, 2018).  Crystal Group will act pursuant to the Act to resolve claims of infringement. Those accused of copyright infringement are informed that repeated violation could result in permanent suspension from the Site.

PRODUCT SPECIFICATIONS

Crystal Group designs all servers to meet or exceed the specifications listed herein. Due to the sheer number of models and combinations of components (memory, CPU, peripheral cards, hard drives), it is not practical to test every combination of servers offered. Please ask your Crystal Group Business Development Manager for data on qualification testing for configurations similar to the desired configuration for your application.

CPU selection may prevent the installation of DVD/CD in order to provide adequate cooling for the system. Contact a Crystal Group Business Development Manager for details.