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EW
Terms and Conditions
Last
modified:
November 18, 2005
INTRODUCTION & WELCOME
Welcome to our digital home and thank you for visiting.
We know your time is precious and are glad you’ve
chosen to spend some of it with us. We hope you enjoy
your visit and find all of the information you are
looking for. (Please let us know what you think.)
Your
use of Elaine & Wallace, LLC (“EW” or “Elaine & Wallace”)
websites and the material contained therein is subject
to these terms and conditions. Please read this
document carefully, because by using our site, you agree
to be
bound by these terms and conditions. If you do not
agree to these
terms and conditions, you may not use our sites or any
materials obtained from them. We reserve the right to
change these terms and conditions without notice
at any time.
COVERAGE
These terms and conditions apply to all Elaine & Wallace-owned
websites and domains, including ElaineandWallace.com,
InventorsStudio.com, OwlCreekCrafts.com and PairOPals.com
(“sites”).
These
terms and conditions apply to all material found on our
sites, including, but
not limited to, (a) Content:
layouts, designs, logos, artwork, images, sounds,
photos, and textual information, and (b) Company Information:
sales data, retailers, store locations, pricing,
and
inventory
availability.
We
may provide links to third-party websites, but should
you follow any of those links, you
will be
subject
to the terms and conditions of the destination
sites. While
we
try to ensure that linked sites are relevant and
informative, we do not control these external sites
and therefore
make no representations about their content, accuracy,
legality,
or decency. Third-party sites may have policies
different from our own, and any information provided
on unrelated
sites is not covered by this agreement. We do not
endorse or make any representations about the third-party
websites
we link to. (You can check the URL—uniform
resource locator or web address—in your browser
to see if you are still in an Elaine & Wallace
operated site.)
PRIVACY
POLICY
Your privacy is important and we are committed
to protecting it. Any information you share with
us
during your visit
to this site will be treated confidentially under
the terms outlined in our Privacy
Policy.
RESTRICTIONS
ON USE
All materials contained on our sites are the
copyrighted property of Elaine & Wallace,
Elaine & Wallace's
licensors, licensees, suppliers or accounts.
All trademarks, service marks, trade names,
and trade dress are proprietary
to Elaine & Wallace, its affiliates or
licensees.
Elaine & Wallace’s
sites and any materials are provided only for you
to learn about, evaluate, or purchase
our services and products. Unless you are
an approved Vendor, Sales Representative, or Retailer,
you may only use the
sites and any materials therein for personal,
non-commercial purposes.
You
may not re-use material from our sites
without first receiving our written consent.
Specifically,
you may
not copy, reproduce, republish, upload,
post, transmit or distribute
in any way the material, EXCEPT that you
may download material onto one computer
for your
personal, non-commercial
use
provided (a) you do not modify or remove
any trademark, copyright, or other proprietary
notices, (b) you
do not change, reverse-engineer, or disassemble
the material
in any way, and (c) you do not use the
material to imply
or
suggest an affiliation with our products,
services,
company or brands. Finally, any information
you download remains
the property of Elaine & Wallace, and
is considered licensed to you by EW.
Vendors,
Sales Representatives, and Retailers
may re-use material from our sites only
for the express
purpose
of providing agreed upon services and
products to Elaine & Wallace.
Any information you download remains
the property of Elaine & Wallace.
Vendors, Sales Representatives, and Retailers
acknowledge that our site contains material
that is highly proprietary
in nature and that unauthorized copying,
transfer, distribution, or use may cause
EW, its affiliates, and partners irreparable
injury.
Any
use of EW sites which results in the depletion or cessation
of services
or function
is not
authorized.
You
may not use our sites or material for any purpose that
is prohibited
by law or
by these
terms and
conditions.
DISCLAIMER
OF WARRANTIES, TERMS, AND LIABILITY
THE MATERIAL PROVIDED ON OUR SITES
IS PROVIDED “AS
IS,” WITHOUT WARRANTY OF
ANY KIND, EITHER EXPRESS OR IMPLIED
INCLUDING BUT NOT LIMITED TO ACCURACY,
OMMISSIONS,
COMPLETENESS, TIMELINESS, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE,
AND NONINFRINGEMENT. WE DO NOT
WARRANT
THAT THE MATERIAL OR FUNCTIONS
OF OR ON THE SITES WILL BE UNINTERRUPTED
OR FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS.
THE INFORMATION PROVIDED MAY CHANGE
AT ANY TIME WITHOUT NOTICE, AND
WE MAKE NO COMMITMENT TO CORRECT
DEFECTS OR
TO UPDATE THE INFORMATION. WE DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS
ABOUT THE RESULTS OF YOUR USE OF
THE MATERIALS
ON OUR SITES.
UNDER
NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT,
INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES
THAT RESULT FROM THE USE OF,
OR THE
INABILITY
TO USE, OUR SITES, MATERIALS,
OR FUNCTIONS
OF ANY
OF OUR SITES.
PASSWORD
PROTECTED AREAS
Access to some areas of our sites
require a password. You agree
to maintain the
confidentiality of
any username or
password assigned to you and
to not disclose them to any
third party.
You must notify
EW
immediately if
you believe
the confidentiality of your
username or password has been compromised
or if you
become aware
of any unauthorized
use of our sites. You agree
to indemnify EW against any and
all
claims arising
out of your
failure
to maintain the confidentiality
of your username or
password.
JURISDICTION
Elaine & Wallace is a Limited Liability Company
registered in the state of New Hampshire, in the United
States of
America. We make no representation
that material on any of our sites is available or appropriate
for use in any
specific location, whether
foreign or domestic. Your use of our sites is done
of your own initiative and you are
responsible for compliance
with any local laws.
AMENDMENT
EW may modify, at its sole
discretion, these terms
and conditions, and
the agreement they
create,
at any time,
without notice to you by
simply updating this document.
Any
modification will
become effective
thirty (30)
days after its posting
on our sites.
SEVERABILITY
If any provision of these
terms and conditions
are unlawful,
unenforceable, or voided
for any reason,
the validity
and enforceability of
the remaining provisions will
not be
affected.
ENTIRE
AGREEMENT
This is the complete
and entire agreement
regarding
all matters
that have been
discussed in the
preceeding paragraphs.
TERMINATION
This agreement is in
effect until terminated
by you
or EW. You
may terminate this
agreement by
ceasing
use of
the sites and by
destroying all material, including
any copies,
obtained from
our sites. EW may
terminate this
agreement at any
time and without notice,
thereby denying you
access to the site,
at our sole
discretion for
any reason, including
but
not limited to your
failure
to
comply with any term
or provision of this
agreement. |