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CONDITIONS AND
TERMS OF USE AGREEMENT
The following represents the terms
of the agreement between the party viewing this site and
Charliesantiquemall.com. If you view this site, you agree to the terms and
conditions defined herein. Please read the following carefully:
- Conditions of Use: All
individuals, companies, organizations, and other entities accessing or
using any part of this website in any way expressly agree to the terms set
forth herein and elsewhere on this site. "Customer" or "you" or "your"
refers to any and all individuals, companies, organizations, and other
entities who access or use this website in any way imaginable, whether
through existing technology or through technology not heretofore
manufactured or discovered. "Charliesantiquemall.com" or "the Company" or
"We" refers to Hazel Enterprises, LLC., d/b/a “Charliesantiquemall.com”,
its parents, subsidiaries, officers, directors, employees,
representatives, attorneys, partners, successors, and assigns. "Customer
Agreement" or "Agreement" or "Terms of Use" refers to this document in its
entirety, whether located on the same or different web pages.
- Agreement: This Agreement constitutes the
entire and only agreement between Charliesantiquemall.com and a user of
the Site ("User"), and supersedes any and all prior or contemporaneous
agreements, representations, warranties, and understandings with respect
to the Site, the content provided by or through the Site, and the subject
matter of this Agreement. Users agree to review this Agreement prior
to reviewing any information.
- Copyright: The content, organization,
gathering, 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, and, the copying, redistribution, use or
publication by a User of any such content or any part of the Site, except
as allowed by Section 3, is prohibited. The User does not acquire
ownership rights to any content or document obtained by or through the
Site.
- Limited Right to Use: The viewing or
downloading of any content, form or document grants the User only a
limited non-exclusive license for use solely by the User for his or her
own personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part of
any content, form or document may be reproduced in any form, including but
not limited to by photostat, microfilm, xerography, digitally, or
incorporated into any information retrieval system, electronic or
mechanical, other than for the User's personal use (but not for re-sale or
re-distribution).
- Editing, Deleting, and Modification:
Charliesantiquemall.com reserves the right in its sole discretion to edit
or delete any documents, information, or other content appearing on the
Site.
- Indemnification. User agrees to
indemnify, defend and hold Charliesantiquemall.com and its partners,
attorneys, staff and affiliates (together "Affiliated Parties") harmless
from any liability, loss, claim and expense, including reasonable
attorney's fees, related to a User's violation of this Agreement or use of
the Site.
- Non-Transferable: User's right to use
the Site is not transferable. Any password given to User is not
transferable.
- Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," 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). CHARLIESANTIQUEMALL.COM AND ITS AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR A USER’S USE OF ANY INFORMATION. IN
PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CHARLIESANTIQUEMALL.COM AND
THE 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 OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS
OF THE BASIS OF THE BARGAIN BETWEEN CHARLIESANTIQUEMALL.COM AND USER. THIS
SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CHARLIESANTIQUEMALL.COM IS IN NO WAY AFFILIATED WITH THE CITY OF
HAZEL. THIS SITE AND ALL OF ITS CONTENT IS THE SOLE CREATION AND OPINIONS
OF CHARLIESANTIQUEMALL.COM AND ITS CREATORS. EVERY EFFORT HAS BEEN MADE TO
MAKE SURE THAT ONLY ACCURATE INFORMATION HAS BEEN PLACED ON THIS SITE. IN
THE EVENT OF A MISTAKE OR ERROR, CHARLIESANTIQUEMALL.COM AND ITS
AFFILIATES WILL BE HELD HARMLESS FROM LIABILITY.
- Use of Information.
Charliesantiquemall.com reserves the right, and Users authorize
Charliesantiquemall.com, to the use and assignment of all information
regarding Site uses by User and all information provided by User.
- Miscellaneous: This Agreement shall be
treated as though it were executed and performed in Murray, KY. and shall
be governed by and construed in accordance with the laws of the United
States of America and of the State of Kentucky (without regard to conflict
of law principles). Any cause of action of User with respect to the Site
(and/or information, forms and agreements, thereon) must be instituted
within six (6) months after the cause of action arose (if any) or be
forever waived and barred. All actions shall be subject to the limitations
set forth in Section 7. The language in this Agreement shall be
interpreted as to its fair meaning and not strictly for or against either
party. All legal proceedings arising out of or in connection with this
Agreement shall be brought solely in Murray, KY., and User expressly
submits to the exclusive jurisdiction of said courts and User consents to
extra-territorial service of process. Should any part of this Agreement be
held invalid or unenforceable, that portion shall be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the
Site is in conflict or inconsistent with this Agreement, this Agreement
shall take precedence. Failure of Charliesantiquemall.com to enforce any
provision of this Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. This Agreement may only be
amended in a writing that specifically refers to this Agreement, executed
by both parties hereto.
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