| 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 White Eagle Farm, 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:
White Eagle Crafts of Virginia 17123 Gills Bridge Road McKenney, Virginia
23872-3154 |