Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. We maintain this web site as a service to our customers and
potential customers and by using our site you are agreeing to comply with and
be bound by the following terms of use. Please review the following terms and
conditions carefully, and check them periodically for changes. If you do not
agree to the terms and conditions, you should not review information or obtain
goods, services or products from this site.
- Acceptance of Agreement. You agree to the terms and conditions
outlined in this Terms and Conditions 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 by us at any time and 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.
- Copyright. The content, organization, graphics, design, compilation,
magnetic translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, trademarks, registered 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 3, 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.
- 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 use solely 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 any content, form or document may be reproduced in any form or incorporated
into any information retrieval system, electronic or mechanical, other than for your
personal use (but not for resale or redistribution).
- 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, including this Agreement, without further notice to users of the Site.
- 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.
- 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 and
may only be used by you.
- Disclaimer. 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, 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. 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.
- Limits. 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.
- 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.
- Third-Party Services. We allow access to or advertise third-party
merchant sites ("Merchants") from which you may purchase or otherwise obtain
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.
- 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.
- Privacy Policy. Our Privacy Policy as it may change from time to time,
is a part of this Agreement.
- Payments. You represent and warrant that if you are purchasing something
from us or from our Merchants that (i) any credit card information you supply is true,
correct 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 shipping fees and applicable taxes.
- 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.
- Links to Other Web Sites. The Site may contain 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.
- Submissions. All suggestions, ideas, notes, concepts and other
information you may from time to time send to us (collectively, "Submissions")
shall be deemed and shall remain our sole property and shall not be subject to any
obligation of confidence on our part. Without limiting the foregoing, we shall be deemed
to own all known and hereafter existing rights of every kind and nature regarding the
Submissions and shall be entitled to unrestricted use of the Submissions for any purpose,
without compensation to the provider of the Submissions.
- Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING
DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR
PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF
AUSTRALIA, VICTORIA. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH
JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM
THAT MELBOURNE, VICTORIA OR THE DISTRICT OF AUSTRALIA IS AN INCONVENIENT FORUM OR AN
IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by
Design Oasis in the state of Victoria, Australia. As such the laws of Victoria will govern
the terms and conditions contained in this Agreement and elsewhere throughout the Site,
without giving effect to any principles of conflicts of laws.