IMPORTANT LEGAL NOTICE
ATTENTION:
This legal notice applies to the entire contents of the
website accessible at
www.JAWSINC.COM
(the "Site") and to any correspondence by e-mail
between us and you. Please read these terms carefully
before using the Site. Using the Site indicates that you
accept these terms and conditions regardless of whether
or not you choose to register with us. If you do not
accept these terms, do not use the Site. This notice is
issued by Applegate Directory Limited (the "Company").
1. Introduction
1.
You may access most areas of the Site without registering your
details with us. Certain areas of the Site are only open
to customers.
2.
By accessing any part of the Site, you shall be deemed to have
accepted this legal notice in full. If you do not accept
this legal notice in full, you must leave the Site
immediately.
3.
The Company reserves the right to modify, add to or change these
Terms and Conditions, our Privacy Policy, and any other
policies at any time without notice. Any such
modifications, additions or changes will be effective
immediately on being posted to the Site. Continued use
of the Site after a modification, addition or change has
been made is your acceptance of the modification,
addition or change.
2.
License
1.
You are permitted to print and download extracts from the Site for
your own personal use on the following basis:
1.
no documents or related graphics on the Site are
modified in any way;
2.
no graphics on the Site are used separately from
accompanying text;
3.
the Company’s copyright and trade mark notices and this
permission notice appear in all copies; and
4.
that you do not, sell, rent, lease, license, sublicense,
grant any rights in, transfer, distribute, time-share or
otherwise assign to any third party any portion of the
Site.
2.
You acknowledge that, the copyright, trade marks, service marks,
patents, database rights and other intellectual property
rights in all material on the Site (including without
limitation photographs and graphical images) are owned
by the Company or its licensors. For the purposes of
this legal notice, any use of extracts from the Site
other than in accordance with paragraph 2.1 above for
any purpose is prohibited. If you breach any of the
terms in this legal notice, your permission to use the
Site automatically terminates and you must immediately
destroy any downloaded or printed extracts from the
Site.
3. Subject to paragraph 2.1, no part of the Site may be reproduced or
stored in any other website or included in any public or
private electronic retrieval system or service without
the Company’s prior written permission.
4.
Any rights not expressly granted in these terms are reserved.
5.
If you breach any of these Terms and Conditions, your authorization
to use the Site automatically terminates and you must
immediately destroy any downloaded or printed materials.
3.
Third Party Intellectual Property rights
1.
The copyright, trade marks, service marks, patents, database rights
and other intellectual property rights belonging to
third parties, as indicated, remain vested with such
third parties.
2.
The Company’s display of any third party intellectual property
rights, including trade marks, on the Site in such a
manner as is intended for the benefit of the relevant
intellectual property owner to help identify the owner’s
entry in the directory and the Company intends no
infringement of any rights in such intellectual property
rights in displaying these on the Site. In the event
that any third party intellectual property owner wishes
the Company to remove such information, they may make a
request in writing to the Company and the Company will
comply with such a request as soon as practicable.
3.
The appearance or absence of products, services, companies,
organizations, home pages or other websites on this Site
does not imply any endorsement or non-endorsement
thereof by the Company nor does it imply in anyway that
the Company is in any way associated with or connected
to the proprietor of such third party rights.
4.
Service access
1.
While the Company endeavors to ensure that the Site is normally
available 24 hours a day, the Company shall not be
liable if for any reason the Site is unavailable at any
time or for any period.
2.
Access to the Site may be suspended temporarily and without notice
in the case of system failure, maintenance or repair or
for reasons beyond the Company’s control.
5.
Visitor material and conduct
1. Other than personally identifiable information, which is covered
under the Privacy Policy, any material you transmit or
post to the Site shall be considered non-confidential
and non-proprietary. The Company shall have no
obligations with respect to such material. The Company
and its designees shall be free to copy, disclose,
distribute, incorporate and otherwise use such material
and all data, images, sounds, text and other things
embodied therein for any and all commercial or
non-commercial purposes.
2.
You are prohibited from posting or transmitting to or from the Site
any material:
1.
that is threatening, defamatory, obscene, indecent, seditious,
offensive, pornographic, abusive, liable to incite
racial hatred, discriminatory, menacing, scandalous,
inflammatory, blasphemous, in breach of confidence, in
breach of privacy or which may cause annoyance or
inconvenience; or
for which you have not obtained all necessary licenses and/or
approvals; or
which constitutes or encourages conduct that would be considered a
criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the
rights of any third party, in the US or any other
country in the world; or which is technically harmful
(including, without limitation, computer viruses, logic
bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful
data).
3.
You may not misuse the Site (including, without limitation, by
hacking).
4.
The Company shall fully co-operate with any law enforcement
authorities or court order requesting or directing the
Company to disclose the identity or locate anyone
posting any material in breach of paragraph 5.2 or
paragraph 5.3.
5.
The content of all advertising on the site is the responsibility of
the advertiser and neither the Company nor its
affiliates shall be held responsible for any statements,
opinions or advice they may contain.
6. In the event that you consider the content of any advertising page
posted on the Site to be incorrect, offensive or in
breach of our terms you can contact Josef's Art
Woodturning & Son, Inc. as directed by clicking "Contact
Josef's Art Woodturning & Son, Inc." at the foot of
every page.
7. We may restrict, suspend or terminate your access to the Site if we
believe that you have breached these terms at any time.
Any such restriction, suspension or termination will be
without prejudice to any rights which we may have
against you in respect of your breach of these terms. We
may also remove any sections or features of the Site at
any time, at our sole discretion.
8.
We do not vet any information received from Third Parties before it
is posted onto the Website and hereby exclude all
liability in relation to such information in so far as
it is permitted by law.
6. Links to and from other websites
1. You may create links to the Site.
2.
We do not provide any third party links from the Site.
7.
Registration
1. Each registration is for a single user only. The Company does not
permit you to share your user name and password with any
other person nor with multiple users on a network.
2.
Responsibility for the security of any passwords issued rests with
you.
8.
Disclaimer
1.
Whilst every reasonable effort has been made to ensure that the
information on the Site is correct, the Company does not
warrant the accuracy and completeness of the material on
the Site. The Company may make changes to the material
on the Site, or to the products and prices described in
it, at any time without notice. The material on this
Site may be out of date, and the Company makes no
commitment to update such material.
2.
The material on the Site is provided on an "as is" basis, without
any conditions, warranties or other terms of any kind.
Accordingly, to the maximum extent permitted by law, the
Company provides you with this Site on the basis that
the Company excludes all representations, warranties,
conditions and other terms (including, without
limitation, the conditions implied by law of
satisfactory quality, fitness for purpose and the use of
reasonable care and skill) which but for this legal
notice might have effect in relation to the Site.
9.
Liability
1.
The Company, any other party (whether or not involved in creating,
producing, maintaining or delivering the Site), and any
of the Company’s group companies and the officers,
directors, employees, shareholders or agents of any of
them, exclude all liability and responsibility for any
amount or kind of loss or damage that may result to you
or a third party (including without limitation, any
direct, indirect, punitive or consequential loss or
damages, or any loss of income, profits, goodwill, data,
contracts, use of money, or loss or damages arising from
or connected in any way to business interruption, and
whether in tort (including without limitation
negligence), contract or otherwise) in connection with
this Site in any way or in connection with the use,
inability to use or the results of use of this Website,
any websites linked to this Site or the material on such
websites, including but not limited to loss or damage
due to viruses that may infect your computer equipment,
software, data or other property on account of your
access to, use of, or browsing this Website or your
downloading of any material from this Website or any
websites linked to this Website.
2.
Nothing in this legal notice shall exclude or limit Josef's Art
Woodturning & Son, Inc. liability for:
1.
death or personal injury caused by negligence (as such term is
defined by the Unfair Contract Terms Act 1977); or
fraud; or misrepresentation as to a fundamental matter;
or any liability which cannot be excluded or limited
under applicable law.
3. If your use of material on this Site results in the need for
servicing, repair or correction of equipment, software
or data, you assume all costs thereof.
10. Governing law and jurisdiction
This legal notice shall be governed by and
construed in accordance with United States law. Disputes
arising in connection with this legal notice shall be
subject to the exclusive jurisdiction of the US courts.
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