|
Terms of Use Agreement
Welcome to Weekend Kits. By using our site,
www.WeekendKits.com, you
are agreeing to comply with and be bound by the following terms of use. Please
review the following terms carefully. If you do not agree to these terms, you
should not use this site. The term "us" or "we" or "our" refers to Weekend Kits,
the owner of the Web site. The term "you" refers to the user or viewer of our
Web Site.
Back to Top
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms 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 at any time by us 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.
Back to Top
2. Copyright
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are
protected under applicable copyrights, 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 4 below, 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. Some of the
content on the site is the copyrighted work of third parties.
Back to Top
3. Service Marks
"WeekendKits.com" and "Weekend Kits" and "Creative Project Kits for your
Weekends at Home" and "Explore Learn Create Share" are our service marks or
registered service marks or trademarks. Other product and company names
mentioned on the Site may be trademarks of their respective owners.
Back to Top
4. Limited License; Permitted Uses
You are granted a non-exclusive, non-transferable, revocable license (a) to
access and use the Site strictly in accordance with this Agreement; (b) to use
the Site solely for internal, personal, non-commercial purposes; and (c) to
print out discrete information from the Site solely for internal, personal,
non-commercial purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version of any part of
the Site or its contents may be used by you in any litigation or arbitration
matter whatsoever under any circumstances.
Back to Top
5. Errors, Corrections, and Changes
We do not represent or warrant that the Site will be error-free, free of
viruses or other harmful components, or that defects will be corrected. We do
not represent or warrant that the information available on or through the Site
will be correct, accurate, timely or otherwise reliable. We may make changes to
the features, functionality or content of the Site at any time. We reserve the
right in our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
Back to Top
6. Product Information Disclaimer
We reserve the right at any time after receipt of your order to accept or
decline your order, or any portion thereof, even after your receipt of an order
confirmation. We reserve the right, at our sole discretion, to limit the
quantity of items purchased. WeekendKits.com reserves the right to correct any
errors, inaccuracies or omissions and to change or update information at any
time without prior notice, including after your order has been submitted.
The prices displayed on the Site are quoted in U.S. dollars and are valid and
effective only in the United States. In the
event that a product is listed at an incorrect price, we shall have the right to
refuse or cancel orders placed for the product listed at the incorrect price,
regardless of whether the order has been confirmed and/or your credit card
charged. If your credit card has already been charged for the purchase and your
order is canceled, we will promptly issue a credit to your credit card account
in the amount of the incorrect price.
Back to Top
7. Indemnification.
You agree to indemnify, defend and hold us and our partners, agents,
officers, directors, employees, subcontractors, successors, assigns, third party
suppliers of information and documents, attorneys, advertisers, product and
service providers, 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.
Back to Top
8. Disclaimer
THE SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE,"
WITH "ALL FAULTS", 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.
WEEKENDKITS.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. WE AND OUR
AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 9(b). IN PARTICULAR, BUT NOT AS A
LIMITATION THEREOF, 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 AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS,
SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED
WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.
Back to Top
9. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss, injury,
claim, liability, or damage of any kind resulting in any way from (a) any errors
in or omissions from the Site or any services or products obtainable therefrom,
(b) the unavailability or interruption of the Site or any features thereof, (c)
your use of the Site, (d) the content contained on the Site, or (e) any delay or
failure in performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH
ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS OR
INFORMATION PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY
AFFILIATED PARTY.
Back to Top
10. Privacy Policy
Any information you provide to us is subject to our Privacy Policy. For
more information, review our full
Privacy Policy.
Back to Top
11. Payments
You represent and warrant that if you are purchasing something from us that
(i) any credit information you supply is true 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 applicable
taxes.
Back to Top
12. Refund and Return Policy
To the extent that you purchase any goods directly from us, we will refund
you your purchase price within 30 days of receipt. You must notify us in
writing of your desire for the refund, together with the reason for the request,
with the product returned to us in substantially the same condition as when
purchased, new, unused, and ready for resale. You may request a refund by
contacting us by email at
customerservice@weekendkits.com.
Back to Top
13. 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.
Back to Top
14. Legal Compliance
You agree to comply with all applicable domestic and international laws,
statutes, ordinances and regulations regarding your use of the Site and the
Content and Materials provided therein.
Back to Top
15. Applicable Law
The laws of the State of Oregon will govern these Terms of Use without
giving effect to any principles of conflict of law.
Back to Top
Last Modified: October 15, 2007
|
