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ThelmaFerguson.com
End User License Agreement
The
ThelmaFerguson.com Web Site (the "Site") is an online
information service provided by THELMA FERGUSON.COM ("ThelmaFerguson.com
"), subject to your compliance with the terms and conditions
set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU
AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY
NOT ACCESS OR USE THE SITE. ThelmaFerguson.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1.
Copyright, Licenses and Idea Submissions.
The entire
contents of the Site are protected by international copyright and
trademark laws. The owner of the copyrights and trademarks are
ThelmaFerguson.com, its affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE,
INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site
solely for your own non-commercial use provided that you agree not
to change or delete any copyright or proprietary notices from the
materials. You agree to grant to ThelmaFerguson.com a
non-exclusive, royalty-free, worldwide, perpetual license, with
the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform
any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to any public areas of the Site (such as
bulletin boards, forums and newsgroups) or by e-mail to
ThelmaFerguson.com by all means and in any media now known or
hereafter developed. You also grant to ThelmaFerguson.com the
right to use your name in connection with the submitted materials
and other information as well as in connection with all
advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against
ThelmaFerguson.com for any alleged or actual infringement or
misappropriation of any proprietary right in your communications
to ThelmaFerguson.com.
1.01
TRADEMARKS.
Publications,
products, content or services referenced herein or on the Site are
the exclusive trademarks of ThelmaFerguson.com. Other product and
company names mentioned in the Site may be the trademarks of their
respective owners.
2. Use of
the Site.
You
understand that, except for information, products or services
clearly identified as being supplied by ThelmaFerguson.com,
ThelmaFerguson.com does not operate, control or endorse any
information, products or services on the Internet in any way.
Except for ThelmaFerguson.com- identified information, products or
services, all information, products and services offered through
the Site or on the Internet generally are offered by third
parties, that are not affiliated with ThelmaFerguson.com a. You
also understand that ThelmaFerguson.com cannot and does not
guarantee or warrant that files available for downloading through
the Site will be free of infection or viruses, worms, Trojan
horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME
TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. ThelmaFerguson.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY
MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR
ON THE INTERNET GENERALLY, AND ThelmaFerguson.com SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR
INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND
USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND
OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY. ThelmaFerguson.com DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
ThelmaFerguson.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION
OF LIABILITY
IN NO EVENT
WILL ThelmaFerguson.com BE LIABLE FOR (I) ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
ThelmaFerguson.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM
ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE
SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
ThelmaFerguson.com LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
ThelmaFerguson.com
makes no representations whatsoever about any other web site which
you may access through this one or which may link to this Site.
When you access a non-ThelmaFerguson.com web site, please
understand that it is independent from ThelmaFerguson.com, and
that ThelmaFerguson.com has no control over the content on that
web site. In addition, a link to a ThelmaFerguson.com web site
does not mean that ThelmaFerguson.com endorses or accepts any
responsibility for the content, or the use, of such web site.
3.
Indemnification.
You agree
to indemnify, defend and hold harmless ThelmaFerguson.com, its
officers, directors, employees, agents, licensors, suppliers and
any third party information providers to the Service from and
against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third
Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of ThelmaFerguson.com and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5. Term;
Termination.
This
Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous)
shall survive any termination of this Agreement.
6. Our
Guarantee.
We
guarantee that this product will work properly, or, within 30 days
of order, the customer needs to contact us
with a full description of the problem. We will then make every
attempt to send a replacement.
Should this fail to work, a full refund will be offered, less
shipping charges.
7.
Internationally Shipped orders
ThelmaFerguson.com
IS NOT RESPONSIBLE FOR ANY DUTIES, TAXES, OR OTHER FEES THAT MAY
BE IMPOSED BY CUSTOMS WHEN YOUR PACKAGE REACHES YOUR COUNTRY. By
placing an order with ThelmaFerguson.com, you agree to accept any
and all charges that may be in addition to regular shipping and
customs costs. If you choose to not pay for these fees, then you
abandon your package and are not entitled to any refund. Once the
package leaves the United States, the package is your
responsibility to either claim or abandon. No refunds will be
given for packages confiscated by customs outside the United
States. No refunds will be issued for packages confiscated by
customs outside the United States.
Shortage/Damage
Please unpack your order and report any shortage or damage
immediately. We cannot be responsible for damaged shipments not
reported within 15 business days of delivery. If a package arrives
damaged, note the damage and call or e-mail us immediately. If the
driver is still present, ask that the damage be noted. This will
expedite shipping claims. Do not discard product or packaging. The
carrier may wish to inspect the package before paying a claim.
ThelmaFerguson.com is not responsible for any delay caused by the
shipping company.
Please
inspect your shipment carefully upon arrival. Customers have 5
days from delivery to report any discrepancy between what items
were ordered and what was actually shipped.
8.
Miscellaneous.
This
Agreement shall all be governed and construed in accordance with
the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You
agree that any legal action or proceeding between
ThelmaFerguson.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought
exclusively in a federal or state court of competent jurisdiction
sitting in The United States of America. Any cause of action or
claim you may have with respect to the Service must be commenced
within one (1) year after the claim or cause of action arises or
such claim or cause of action is barred. ThelmaFerguson.com's
failure to insist upon or enforce strict performance of any
provision of this Agreement shall not be construed as a waiver of
any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of
this Agreement. ThelmaFerguson.com may assign its rights and
duties under this Agreement to any party at any time without
notice to you.
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