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Terms of Service/Legal Notice, effective
as of January 1, 2004
Welcome
Please review these Terms
and Conditions of Service (Terms of Service) of the www.Lavenderway (Web Site),
dba/Lavender Way®. You are welcome to
browse the Web Site but remember that your access to and use of this Web Site is
subject to your acceptance of the Terms of Service and to all applicable laws.
In order to bring better service, www.Lavenderway, Lavender Way®,
will regularly update and enhance the Web Site and may, from time to time,
revise the Terms of Service. Use of the Web Site is governed by the Terms of
Service posted at the time of use, so please check this page each time you
access and use the Web Site.
Disclaimer & Limitation of
Liability
The Web Site is provided for your use on an as is basis. Lavender Way®
makes no representations or warranties of any kind, express or
implied, as to the operation of the Web Site or as to the information, content,
materials, or products included on this Web Site. Lavender Way®
uses its best efforts to maintain the Web Site but is not responsible for the
results of any defects that exist in the Web Site, any outages, interruptions,
viruses or other harmful components. You should not assume that the Web Site or
its content is error free or that it will be suitable for the particular purpose
that you have in mind when using it. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, LAVENDER WAY® DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LAVENDER WAY®
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEB
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY,
PUNITIVE, AND CONSEQUENTIAL DAMAGES, OR LOSS OF REVENUE OR PROFITS, WHETHER
FORESEEABLE OR NOT, OCCASIONED BY USE OF THIS WEB SITE, ANY FAILURE BY LAVENDER
WAY® TO PROVIDE ACCESS TO OR USE OF THE WEB SITE, OR ANY OTHER CAUSE WHATSOEVER.
Lavender Way® may, in its sole discretion
and at any time, modify or discontinue the Web Site; limit, terminate or suspend
a user's use of or access to the Web Site; refuse to post, modify and post or
take down information, content, materials or other offerings submitted to by
users of the Web Site for posting and/or make changes to these Terms of Service.
Because certain
jurisdictions to which these Terms of Service may be subject do not allow the
exclusion or limitation of liability for consequential or incidental damages,
the above limitation may be held to be inapplicable in those jurisdictions. In
the event the foregoing limitation of liability is held to be unenforceable for
any reason, then Lavender Way®’s maximum
liability for any of the foregoing types of damages shall be limited to $50.00.
Copyright & Trademark
Unless otherwise indicated, the documents and information, including, but not
limited to, text, graphics, icons, logos, buttons and images, on this Web Site
are copyrighted materials of, and owned and controlled by, Lavender Way®
or the party credited as the provider of the content. Reproduction or storage of
documents and information from this Web Site is subject to the U.S. Copyright
Act of 1976, Title 17 U.S.C., and international copyright laws. All software
used on this Web Site is the property of Lavender Way®
or its software suppliers and is subject to U.S. and international copyright
law. You may not modify, decipher, decompile, disassemble or reverse engineer
any of the software comprising or in any way making up a part of the Web Site.
You may not reproduce, modify, distribute, transmit, republish, display or
perform any of the content of this Web Site unless expressly permitted by
Lavender Way® and then only for the limited
purpose stated, provided that you preserve every copyright and other notice
contained therein.
Lavender Way®
and the Lavender Way® logo [other marks]
are [service marks][trademarks] of Lavender Way®.
This Web Site contains many third-party trademarks and service marks of
participating agents. All marks are the property of their respective holders.
Third Party Content
This Web Site provides content, hyperlinks and references to web sites of
third-parties, including, but not limited to hyperlinks of Lavender Way®.
Lavender Way® neither endorses
nor is responsible for the availability, accuracy, currency or reliability of
any information, statement, opinion or advice contained in such a third party's
Web Site or material. You should use them with caution. It is the responsibility
of every user to evaluate the accuracy, currency, completeness or usefulness of
any information, statement, opinion or advice or other content available through
any third party Web Site. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information, statement,
opinion, advice or other content. Any concerns regarding such third-party
content should be directed to the third-party. Under no circumstances will
Lavender Way® be liable for any loss or
damage caused by reliance on information obtained through a third party Web
Site. Nothing on the Web Site shall be deemed to be a recommendation of any
third-party or to constitute any representation as to a third-party's
qualifications, services, products, offerings, information or any other content.
User Guidelines
The Web Site is meant to facilitate an open information exchange. To enable that
exchange, users are required to adhere to these Terms of Service, including the
following guidelines for users.
Legal Compliance & Posting
Limitations. Users must use the Web Site in accordance with all applicable
international, federal, state and local law and may not post or transmit
anything that would give rise to any civil or criminal liability for any party
or otherwise violate any law. Users may not post or transmit anything that
violates the copyright, privacy, confidentiality, publicity or intellectual
property rights of any person or that reveals any information that should be
known to the user to be confidential or a proprietary. Users may not post or
transmit anything that is false, misleading, defamatory, obscene, indecent,
threatening, harassing, harmful or that could constitute an incitement to
unlawful conduct.
No Commercial Activity.
Users may not use the Web Site or post any material to the Web Site that is
commercial in nature without the prior consent of Lavender Way®
including, but not limited to, junk mail, spam, chain letters or
any other form of solicitation not directly related to bona fide offers of, or
requests. No user may post any franchise, pyramid scheme, club membership,
distributorship or sales representative agency arrangement or other business
opportunity that requires an up-front or periodic payment, pays commissions
only, or requires recruitment of other members, sub-distributors or sub-agents,
whether or not such posting is bona fide. Users are forbidden to sell, trade or
distribute the contents of the Web Site or any data obtained from the Web Site
to anyone.
Integrity of the Web Site
and its Content. Users may not use, post or transmit any device, software,
routine, virus, spam, mass e-mail, commercial material, corrupted data or
otherwise attempt to or intend to interfere with or damage the proper working of
this Web Site or any activity conducted on this Web Site or to damage or
intercept any data or information on the Web Site. Users may not delete or
revise any material posted by another user. Users may not delete or revise any
material, including, but not limited to, legal notices, posted by Lavender Way®.
Users may not violate or attempt to violate the security,
efficiency, reliability, or integrity of the Web Site or its content in any way,
including, without limitation, by accessing data, servers or accounts for which
user's password is not authorized, forging TCP/IP packet headers or payloads or
accessing or attempting to access parts of the Web Site restricted to user
access.
Passwords. Users who have
a password allowing access to non-public areas of this Web Site may not
disclose, transmit, post, give away or in any manner share the password with any
other party or use the password for any unauthorized purpose. User agrees to
notify Lavender Way® immediately of any
unauthorized use. Lavender Way® does not
preview, screen, edit or monitor the other user content on the Web Site.
Lavender Way® its stockholders, directors,
employees, agents and members, have no control over and take no responsibility
for the quality, safety, morality, desirability or legality of the truth or
accuracy of the listings. Nothing on the Web Site shall be deemed to be an
endorsement, representation or warranty by Lavender Way®
with respect to any user, or third party, or the information
provided by them.
Grant of Rights
By uploading/posting any content to the Web Site, user automatically grants
Lavender Way® the royalty-free, perpetual,
irrevocable, non-exclusive, transferable right and license to use, reproduce and
modify (to the extent necessary to meet the requirements of the Web Site),
adapt, publish, distribute, translate, create derivative works in any form,
media or technology now known or later developed, without restriction or
compensation. User waives all so-called moral rights in the posted content.
Lavender Way® and its agents and designees
shall have the right, but not the obligation, in their sole discretion, to edit,
refuse to post, or to remove any content posted by a user to the Web Site.
Indemnification
User agrees to defend, indemnify and hold harmless Lavender Way®
, its officers, directors, staff, employees and agents against and
from any third party claims, actions, damages or demands, including but not
limited to, reasonable legal and accounting fees, resulting from user's use or
misuse of this Web Site, violation of these Terms, or any activities related to
the Web Site, or from user's violations of the rights of any other user of this
Web Site. Use of this Web Site is at user's own risk.
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www.Lavenderway.com, and Lavender Way ®,
logos are all privately owned trademarks. All Rights Reserved. No part of
this web site including graphics, content, layouts, HTML structure, meta
tags or other design features may be reproduced in any form, electronic or
otherwise without express written permission from Lavender Way®
and its respective authors and
artists. Each web page and/or it's source code is valued at $5000 US each in
whole or part thereof. |
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