|
HIS WITNESS |
 |
|
|
HIS WITNESS® TERM & CONDITIONS
Welcome to the HisWitnessScents.com website
(the "Site"). HisWitnessScents.com provides the content and services available on the Site to you subject
to the following terms and conditions ("Terms and Conditions"). By accessing or using the Site, you are acknowledging
that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions
which include our Privacy Policy. These Terms and Conditions were last updated on 2/18/2008. Please review our Privacy Policy, which also governs
your visit to the Site, so that you may understand our privacy practices. The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples
thereof, you purchase or otherwise receive from us,unless you have been issued a whole account number. For such a number,
please submit information by form or by calling 1.423.453.5415. We reserve the right, with or without notice, to cancel or
reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. For additional policies related to orders placed through this Site (such as order processing, shipping and handling,
returns and exchanges), please call Customer Service at 1.423.453.5415. We attempt to be as accurate as possible when describing our products
on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or
other content available on the Site are accurate, complete, reliable, current, or error-free. All content available on the Site, including but
not limited to text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation
thereof (collectively, the "Content") is the property of His Witness Enterprises, our affiliates, partners or licensors,
and is protected by United States and international copyright laws. The trademarks, logos, and
service marks displayed on the Site (collectively, the "Trademarks") are the registered and unregistered
marks of His Witness Enterprises, our affiliates, partners or licensors, and in the United States and other countries, and
are protected by United States and international trademark laws. Except as set forth in the limited
licenses in Section 5 below, or as required under applicable law, neither the Content or Trademarks nor any portion of the
Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in
part, for any purpose without our prior written consent. We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited
license does not include the right to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof;
(ii) modify or download the Site or Content (except caching or as necessary to view the Site); (iii) make any use of the Site
or Content other than personal use; (iv) create any derivative work based upon either the Site or Content; (v) collect account
information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing
our name or the Trademarks or to otherwise use the Trademarks; or (vi) use software robots, spiders, crawlers, or similar
data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the
home page of the Site for personal, non-commercial use only. A website that links to the Site (i) may link to, but not replicate,
our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent
its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial,
and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services,
in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products,
services, or opinions; (vi) may not use any Trademark; and (vii) may not link to any page of the Site other than the home
page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you
shall immediately remove such link. Any unauthorized use by you of the Site terminates the limited
licenses set forth in this Section 5 without prejudice to any other remedy provided by applicable law or these Terms and Conditions. In the access or use
of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted
on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration
to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation
of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently
or willfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be
liable for all the losses and damages that this may cause to His Witness Enteprises, our affiliates, partners or licensors. You may choose to register at our Site. If you
do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality
of your account, username and password and for restricting access to your computer. You agree to accept responsibility for
all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms
and Conditions or if we decide, in our sole discretion, that it would be in His Witness Enterprises's best interests to
do so. We are not
responsible for the content of any off-website pages or any other websites linked to or from the Site, including, without
limitation, HisWitness.net. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates
or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or
other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings
of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for
the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies
and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages
and other websites that you visit. It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited
suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions")
will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Policy by transmitting or posting
any Submission, you hereby grant us a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable
right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display
any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works.
You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know
how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing
products. If you make a Submission, you represent and warrant that you own or otherwise control
the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software
viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email
address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify
us for all claims arising from or in connection with any claims to any rights in any Submission. THE SITE IS PRESENTED
"AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS
FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER
IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR
DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (E) COMPUTER VIRUSES,
SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR
FROM THIRD PARTY WEBSITES (F) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including
reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site.
You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your
use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that
imposes an unreasonable burden or load on our infrastructure. With respect to any dispute regarding the Site, all rights and obligations and all actions
contemplated by these Terms and Conditions shall be governed by the laws of Tennessee, as if the Terms and Conditions were
a contract wholly entered into and wholly performed within Tennessee. Any dispute relating in any way to your visit to the
Site shall be submitted to confidential arbitration in Tennessee, except that, to the extent you have in any manner violated
or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners
or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and
venue in any such court. Arbitration under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an
arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. You acknowledge and agree that these Terms and Conditions,
which include our PRIVACY POLICY, constitute the complete and exclusive agreement between us concerning your use of the Site,
and supersede and govern all prior proposals, agreements, or other communications. We reserve
the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any
changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all
such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions.
You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Copyright © 2008 HIS WITNESS ENTERPRISES. All worldwide rights reserved. |
||||||||||||||||||
|
|