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OUR TERMS AND CONDITIONS OF USE
We have taken every effort to design
our Web site to be useful, informative, helpful, honest and fun.
Hopefully we’ve accomplished that — and would ask that you let us know
if you’d like to see improvements or changes that would make it even
easier for you to find the information you need and want.
All we ask is that you agree to abide by
the following Terms and Conditions. Take a few minutes to look them over
because by using our site you automatically agree to them. Naturally, if
you don’t agree, please do not use the site. We reserve the right to
make any modifications that we deem necessary at any time. Please continue
to check these terms to see what those changes may be! Your continued use
of the madaboutwesties.com web site means that you accept those
changes.
Restrictions on Use of Our Online
Materials
All Online Materials on the madaboutwesties.com site, including, without
limitation, text, software, names, logos, trademarks, service marks, trade
names, images, photos, illustrations, audio clips, video clips, and music
are copyrighted intellectual property. All usage rights are owned
and controlled by madaboutwesties.com.
You, the visitor, may download Online
Materials for non-commercial, personal use only provided you 1) retain all
copyright, trademark and propriety notices, 2) you make no modifications
to the materials, 3) you do not use the materials in a manner that
suggests an association with any of our products, services, events or
brands, and 4) you do not download quantities of materials to a database,
server, or personal computer for reuse for commercial purposes. You may
not, however, copy, reproduce, republish, upload, post, transmit or
distribute Online Materials in any way or for any other purpose unless you
get our written permission first. Neither may you add, delete, distort or
misrepresent any content on the madaboutwesties.com site. Any attempts to
modify any Online Material, or to defeat or circumvent our security
features is prohibited.
Everything you download, any software, plus
all files, all images incorporated in or generated by the software, and
all data accompanying it, is considered licensed to you by
madaboutwesties.com or third-party licensors for your personal,
non-commercial home use only. We do not transfer title of the software to
you. That means that we retain full and complete title to the software and
to all of the associated intellectual-property rights. You’re not
allowed to redistribute or sell the material or to reverse-engineer,
disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
All remarks, suggestions, ideas, graphics, comments, or other information
that you send to madaboutwesties.com through our site or to our email
address (other than information we promise to protect under our privacy
policy becomes and remains our property, even if this agreement is later
terminated.
That means that we don’t have to treat
any such submission as confidential. You can’t sue us for using ideas
you submit. If we use them, or anything like them, we don’t have to pay
you or anyone else for them. We will have the exclusive ownership of all
present and future rights to submissions of any kind. We can use them for
any purpose we deem appropriate to our madaboutwesties.com mission,
without compensating you or anyone else for them.
You acknowledge that you are responsible
for any submission you make. This means that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
Limitation of Liability
madaboutwesties.com will not be liable for any damages or injury that
accompany or result from your use or any of its sites.
THESE
INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
- USE
OF (OR INABILITY TO USE) THE SITE
- USE
OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
- FAILURE
OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
- ERROR
ON OUR SITE
- OMISSION
ON OUR SITE
- INTERRUPTION
OF AVAILABILITY OF OUR SITE
- DEFECT
ON OUR SITE
- DELAY
IN OPERATION OR TRANSMISSION OF OUR SITE
- COMPUTER
VIRUS OR LINE FAILURE
- PLEASE
NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
- DAMAGES
INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
- DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN
LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.")
- OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS
OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL
DAMAGES.")
WE
ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR
BOTH.
EXCEPTION:
CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR
THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU
LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT
APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE
TYPES OF DAMAGES.
HOWEVER,
IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND
CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE
TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER
WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL
NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site
We sometimes provide referrals to and links to other World Wide Web sites
from our site. Such a link should not be seen as an endorsement, approval
or agreement with any information or resources offered at sites you can
access through our site. If in doubt, always check the Uniform Resource
Locator (URL) address provided in your WWW browser to see if you are still
in a madaboutwesties.com-operated site or have moved to another
site. madaboutwesties.com is not responsible for the content or practices
of third party sites that may be linked to our site. When madaboutwesties.com
provides links or references to other Web sites, no inference or
assumption should be made and no representation should be inferred that
madaboutwesties.com is connected with, operates or controls these Web
sites. Any approved link must not represent in any way, either explicitly
or by implication, that you have received the endorsement, sponsorship or
support of any madaboutwesties.com site or endorsement, sponsorship or
support of madaboutwesties.com, including its respective employees, agents
or directors.
Termination of This Agreement
This agreement is effective until terminated by either party. You may
terminate this agreement at any time, by destroying all materials obtained
from all madaboutwesties.com Web site, along with all related
documentation and all copies and installations. madaboutwesties.com may
terminate this agreement at any time and without notice to you, if, in its
sole judgment, you breach any term or condition of this agreement. Upon
termination, you must destroy all materials. In addition, by providing
material on our Web site, we do not in any way promise that the materials
will remain available to you. And madaboutwesties.com is entitled to
terminate all or any part of any of its Web site without notice to you.
madaboutwesties.com may modify these Terms
of Use, and the agreement they create, at any time, simply by updating
this posting and without notice to you. This is the ENTIRE agreement
regarding all the matters that have been discussed.
The application of the United Nations
Convention on Contracts for the International Sale of Goods, as amended,
is expressly excluded.
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