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Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
Effective Date: This Terms of Use Agreement was last updated
on 9/17/2009.
This Terms of Use Agreement sets forth the standards of use of
the CherryLand Soaps, LLC Online Service. By using the cherrylandsoaps.com
website you (the “Member”) agree to these terms and conditions.
If you do not agree to the terms and conditions of this agreement,
you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and
conditions of this agreement without prior notice. Modifications
shall become effective immediately upon being posted at cherrylandsoaps.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the Agreement
and its modifications. Except as provided in this paragraph, this
Agreement may not be amended.
- Description of Service
CherryLand Soaps, LLC is providing Member with internet ordering
access to hand made soaps. Member must provide (1) all equipment
necessary for their own Internet connection, including computer
and modem and (2) provide for Member’s access to the Internet,
and (3) pay any fees relate with such connection.
- Disclaimer of Warranties.
The site is provided by CherryLand Soaps, LLC on an “as is”
and on an “as available” basis. To the fullest extent permitted
by applicable law, CherryLand Soaps, LLC makes no representations
or warranties of any kind, express or implied, regarding the
use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. CherryLand Soaps, LLC shall
have no liability for any interruptions in the use of this Website.
CherryLand Soaps, LLC disclaims all warranties with regard to
the information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
- Limitation of Liability
CherryLand Soaps, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR CherryLand Soaps, LLC SHALL NOT
BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS
OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION
CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE,
TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF
CherryLand Soaps, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
- Indemnification
Member agrees to indemnify and hold CherryLand Soaps, LLC,
its parents, subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including reasonable attorneys’
fees and costs, made by any third party due to or arising out
of Member’s use of the Service, the violation of this Agreement,
or infringement by Member, or other user of the Service using
Member’s computer, of any intellectual property or any other
right of any person or entity.
- Modifications and Interruption to Service
CherryLand Soaps, LLC reserves the right to modify or discontinue
the Service with or without notice to the Member. CherryLand
Soaps, LLC shall not be liable to Member or any third party
should CherryLand Soaps, LLC exercise its right to modify or
discontinue the Service. Member acknowledges and accepts that
CherryLand Soaps, LLC does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website
may be interfered with or adversely affected by numerous factors
or circumstances outside of our control.
- Third-Party Sites
Our website may include links to other sites on the Internet
that are owned and operated by online merchants and other third
parties. You acknowledge that we are not responsible for the
availability of, or the content located on or through, any third-party
site. You should contact the site administrator or webmaster
for those third-party sites if you have any concerns regarding
such links or the content located on such sites. Your use of
those third-party sites is subject to the terms of use and privacy
policies of each site, and we are not responsible therein. We
encourage all Members to review said privacy policies of third-parties’
sites.
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either
been provided by the Vendors or collected from publicly available
sources. While CherryLand Soaps, LLC makes every effort to ensure
that the information on this website is accurate, we can make
no representations or warranties as to the accuracy or reliability
of any information provided on this website.
CherryLand Soaps, LLC makes no warranties or representations
whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on representations
and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Courts Wisconsin
Our website is operated and provided in the State of Wisconsin.
As such, we are subject to the laws of the State Wisconsin,
and such laws will govern this Terms of Use, without giving
effect to any choice of law rules. We make no representation
that our website or other services are appropriate, legal or
available for use in other locations. Accordingly, if you choose
to access our site you agree to do so subject to the internal
laws of the State Wisconsin.
- Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Member may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Member further
agrees not to transmit any material that encourages conduct
that could constitute a criminal offense, give rise to civil
liability or otherwise violate any applicable local, state,
national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including
site design, text, graphics, interfaces, and the selection and
arrangements thereof is ©2009 CherryLand Soaps, LLC.com, with
all rights reserved, or is the property of CherryLand Soaps,
LLC and/or third parties protected by intellectual property
rights. Any use of materials on the website, including reproduction
for purposes other than those noted above, modification, distribution,
or replication, any form of data extraction or data mining,
or other commercial exploitation of any kind, without prior
written permission of an authorized officer of CherryLand Soaps,
LLC is strictly prohibited. Members agree that they will not
use any robot, spider, or other automatic device, or manual
process to monitor or copy our web pages or the content contained
therein without prior written permission of an authorized officer
of CherryLand Soaps, LLC.
CherryLand Soaps, LLC™ and CherryLand Soaps, LLC.com™ are
proprietary marks of CherryLand Soaps, LLC.com. CherryLand Soaps,
LLC’s trademarks may not be used in connection with any product
or service that is not provided by CherryLand Soaps, LLC, in
any manner that is likely to cause confusion among customers,
or in any manner that disparages or discredits CherryLand Soaps,
LLC.
All other trademarks displayed on CherryLand Soaps, LLC’s
website are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors.
In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly,
that those Vendors endorse or have any affiliation with CherryLand
Soaps, LLC.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act,
as enacted through the Digital Millennium Copyright Act, CherryLand
Soaps, LLC.com designates the following individual as its agent
for receipt of notifications of claimed copyright infringement.
By Mail CherryLand Soaps, LLC 431 E. Mission Rd. Green Bay,
WI 54301 By Telephone: 920-737-1840 By Email:
cherrylandsoaps@aol.com
- Botnets
CherryLand Soaps, LLC retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control
points for botnets, CherryLand Soaps, LLC reserves the right
to direct the involved hostnames to a honeypot, loopback address,
logging facility, or any other destination at our discretion.
- Other Terms
If any provision of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum
possible extent. You agree that this Terms of Use Agreement
and any other agreements referenced herein may be assigned by
CherryLand Soaps, LLC, in our sole discretion, to a third party
in the event of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by,
any other written agreement between us in relation to your participation
as a Member. Member agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices
described in our Privacy Policy Statement[if applicable].
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