Terms of Use Agreement
Welcome to our site. We maintain this web site as a service to our
customers. By using our site,
you are agreeing to comply with and be
bound by the following terms of use. Please review the
following terms
carefully. If you do not agree to these terms, you should not review
information
or obtain goods or products from this site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of Use
Agreement (“Agreement”) with respect to our site (the “Site”). This
Agreement constitutes the entire and only agreement between us and you,
and supersedes all prior or contemporaneous agreements, representations,
warranties and understandings with respect to the Site, the content,
products or services provided by or through the Site, and the subject
matter of this Agreement. This Agreement may be amended at any time by us
from time to time without specific notice to you. The latest Agreement
will be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any part
of the Site, except as allowed by Section 4, is strictly prohibited. You
do not acquire ownership rights to any content, document or other
materials viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such information
and materials.
3. Trademarks.
Go For No! and others are either trademarks or registered trademarks of
FentonWaltz. Other product and company names mentioned on the Site may be
trademarks of their respective owners.
4. Limited Right to Use.
The viewing, printing or downloading of any content, graphic,form or
document from the Site grants you only a limited, nonexclusive license for
usesolely by you for your own personal use and not for republication,
distribution,assignment, sublicense, sale, preparation of derivative works
or other use. No part of anycontent, form or document may be reproduced in
any form or incorporated into anyinformation retrieval system, electronic
or mechanical, other than for your personal use(but not for resale or
redistribution).
5. Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit or delete any
documents, information or other content appearing on the Site.
6. Indemnification.
You agree to indemnify, defend and hold us and our partners, attorneys,
staff and affiliates (collectively, “Affiliated Parties”) harmless from
any liability, loss, claim and expense, including reasonable attorney’s
fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable.
Your right to use the Site is not transferable. Any password or right
given to you to obtain information or documents is not transferable.
8. Disclaimer and Limits.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS
AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED
(INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND
OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY
INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE
AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE),
PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE
INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY
FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE
CONTAINING THE FORM OR DOCUMENT IS DISCLAIMED. WE WILL NOT BE LIABLE TO
YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT
MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY
TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY
FOR ANY GOODS, SERVICES OR INFORMATION.
9. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information provided
by you in any manner consistent with our Privacy Policy.
10. Third-Party Services.
We allow access to or advertise third-party merchant sites
(“Merchants”) from which you may purchase certain goods or services. You
understand that we do not operate or control the products or services
offered by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are not a party
to the transactions entered into between you and Merchants. You agree that
use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF
ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER
NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE
LINKED TO OUR SITE.
11. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and the
Merchants are independent contractors and neither party has authority to
make any representations or commitments on behalf of the other.
12. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is a part of
this Agreement.
13. Payments.
You represent and warrant that if you are purchasing something from us
or from Merchants that (i) any credit information you supply is true and
complete, (ii) charges incurred by you will be honored by your credit card
company, and (iii) you will pay the charges incurred by you at the posted
prices, including any applicable taxes.
14. Securities Laws.
This Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance and demand
for our products or services, as well as our intentions, plans and
objectives, that are forward-looking statements. These statements are
based upon a number of assumptions and estimates which are subject to
significant uncertainties, many of which are beyond our control. When used
on our Site, words like “anticipates,” “expects,” “believes,” “estimates,”
“seeks,” “plans,” “intends” and similar expressions are intended to
identify forward-looking statements designed to fall within securities law
safe harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained herein
is intended to be, and shall not be deemed to be, incorporated into any of
our securities-related filings or documents.
15. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible for
the content, accuracy or opinions express in such Web sites, and such Web
sites are not investigated, monitored or checked for accuracy or
completeness by us. Inclusion of any linked Web site on our Site does not
imply approval or endorsement of the linked Web site by us. If you decide
to leave our Site and access these third-party sites, you do so at your
own risk.
16. Copyrights and Copryright Agents.
We respect the intellectual property of others, and we ask you to do
the same. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide us with the following
information:
(a) An electronic or physical signature of the person authorized to act
on behalf of the
owner of the copyright interest;
(b) A description of the copyrighted work that you claim has been
infringed;
(c) A description of where the material that you claim is infringing is
located on the Site;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the
disputed use is not
authorized by the copyright owner, its agent, or
the law; and
(f) A statement by you, made under penalty of perjury, that the above
information in
your Notice is accurate and that you are the copyright
owner or authorized to act on
the copyright owner’s behalf.
17. Refund Policy.
If a product purchased by you proves to be defective or not to your
reasonable satisfaction, you can return the product within 21 days of
receipt. Please contact us for the return address. In such event, we will
provide you a credit for other purchases on the Site (less shipping and
handling charges incurred). This Section 17 sets forth your sole and
exclusive right to refund and return.
18. Information and Press Releases.
The Site contains information and press releases about
us. While
this information was believed to be accurate as of the date prepared,
we
disclaim any duty or obligation to update this information or any
press releases.
Information about companies other than ours contained
in the press release or otherwise,
should not be relied upon as being
provided or endorsed by us.
19. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Vancouver, WA, and shall be governed by and construed in
accordance with the laws of the State of Washington (without regard to
conflict of law principles). Any cause of action by you with respect to
the Site (and/or any information, products or services related thereto)
must be instituted within one (1) year after the cause of action arose or
be forever waived and barred. All actions shall be subject to the
limitations set forth in Section 8 and Section 10.
The language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement shall be
brought solely in Vancouver, Washington. You expressly submit to the
exclusive jurisdiction of said courts and consents to extra-territorial
service of process. Should any part of this Agreement be held invalid or
unenforceable, that portion shall be construed consistent with applicable
law and the remaining portions shall remain in full force and effect. To
the extent that anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take precedence.
Our failure to enforce any provision of this Agreement shall not be deemed
a waiver of such provision nor of the right to enforce such
provision.
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