The
following Terms of Use contain the complete terms
and conditions that apply to an individual's or
entity's use of WendyLWalsh.com site. As used
in this Agreement, "We," "Us"
or "Our" refers to WendyLWalsh.com,
and "You" or "Your" refers
to the user. "Site" means any WendyLWalsh.com
site posted on the World Wide Web.
1.
ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these
terms and conditions and Your waiver of any and
all claims against WendyLWalsh.com, its parents,
subsidiaries, affiliates, contractors, agents, officers,
directors or employees arising out of Your use of
Our Site or any materials, information, opinions
or recommendations contained on Our Site.
2.
MODIFICATION
We may modify any of the terms and conditions in
these Terms of Use, at any time and in Our sole
discretion, by posting a change notice or a new
user agreement on Our Site. IF ANY MODIFICATION
IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE
OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW TERMS OF USE CONSTITUTES BINDING ACCEPTANCE
OF THE CHANGE.
3.
COPYRIGHT
3.1
Use.
All content included on Our Site, such as text,
graphics, logos, button icons, images, audio clips
and software, is Our property or that of Our content
suppliers and is protected by U.S. and international
copyright laws. The compilation (meaning the collection,
arrangement and assembly) of all content on Our
Site is Our property protected by U.S. and international
copyright laws. All software used on Our Site is
Our property or that of Our software suppliers and
is protected by U.S. and international copyright
laws. You may electronically copy and print in hard
copy portions of Our Site for the limited purpose
of placing an order with Us or using it as a shopping
resource. Any other use-including reproduction for
purposes other than those noted above, modification,
distribution, transmission, republication, display
or performance-of the content on a Site without
Our prior written permission is strictly prohibited.
3.2
Penalty.
Unauthorized copying of the software, or failure
to comply with the above restrictions, may result
in severe civil and criminal penalties. Unauthorized
duplication of the software constitutes copyright
infringement and, in the United States, is punishable
in a federal criminal action by a fine of up to
U.S.$250,000 and imprisonment for up to five (5)
years. In addition, federal civil penalties allow
the recovery of actual damages based on the number
of copies produced plus the profits of the infringer,
or statutory damages of up to U.S.$100,000 for willful
copyright infringement.
4.
DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND
"AS AVAILABLE" BASIS. WE MAKE NO EXPRESS
OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION
OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE
OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT
LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY,
NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING
OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE).
IN ADDITION, WE MAKE NO REPRESENTATION THAT THE
OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE,
AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF
ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED
THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT
LINK TO OUR SITE.
5.
CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material,
product suggestions or original or creative ideas
(collectively, "Materials") submitted
through Our Site. If despite this policy you submit
any such Materials, We will deem it Our property.
We will not treat the Materials as confidential,
and We will not be liable for any use or disclosure
of such Materials. Without limitation, We will own
the exclusive rights to the Materials and will be
entitled to unrestricted use of the Materials for
any purpose, commercial or otherwise, without compensation
to the submitter of such Materials.
6.
LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL
OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE,
PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION
WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR
AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS
AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY
YOU IF ANY, FOR ACCESSING OUR SITE.
7.
INDEMNIFICATION
You will defend and hold harmless WendyLWalsh.com,
its parents, subsidiaries, affiliates, contractors,
agent, officers, directors and employees against
all claims, losses, damages, liabilities, costs
and expenses (including reasonable attorneys' fees
and costs) made due to or arising out of a violation
of these Terms of Use or Your use of this Site,
including, without limitation, any claim arising
out of unauthorized links to Our Site.
8
MISCELLANEOUS
8.1
Nonwaiver. If We fail to insist upon or enforce
strict performance of any provision or right under
the terms and conditions of these Terms of Use,
it will not be construed as a waiver of any provision
or right; rather, the same will be and remain in
full force and effect.
8.2
Choice of Law. These Terms of Use will be interpreted,
construed and enforced in all respects in accordance
with the laws of the State of Washington to the
exclusion of any other law which may be imputed
in accordance with choice of law rules applicable
in any jurisdiction. The 1980 U.N. Convention on
Contracts for the International Sale of Goods or
any successor thereto does not apply to these Terms
of Use. For any suit or claim pertaining to these
Terms of Use or any information furnished hereunder,
You irrevocably consent to the jurisdiction and
venue of any state or federal court sitting in King
County, Washington, USA, and You will not commence
an action or proceeding relating to the subject
matter of these Terms of Use in any other jurisdiction.
8.3
English Language Governs. It is the express wish
of the parties that these Terms of Use be drawn
up in English. C'est la volonté explicite
des parties que ces termes d'usage soient rédiger
en anglais.
8.4
Independent Contractor. These Terms of Use will
not be interpreted or construed to create or evidence
a partnership, joint venture or franchise relationship
among the parties or as imposing any partnership
or franchiser obligation or liability on either
party.
8.5
Compliance With Laws. You will comply at Your own
expense with all statutes, regulations, rules, ordinances
and orders of any governmental body, department
or agency that apply to or result from Your use
of Our Site.
8.6.
Severability. If any provision of these Terms of
Use will be unlawful, void or for any reason unenforceable,
then that provision will be deemed severable from
and will not affect the validity and enforceability
of any remaining provisions.
OUR
ADDRESS:
WendyLWalsh.com
8942 Wilshire Blvd.
Beverly Hills, CA, 90211
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