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Copyright
All
Web site design, text, graphics, the selection and arrangement thereof,
Copyright © 2001-2003 by Inn Serendipity. All rights reserved.
Trademarks
The
Inn Serendipity and Inn Serendipity logo, all
product names, and all page headers, custom graphics, and button icons
contained on this site are service marks, trademarks,trade names and/or
trade dress of Inn Serendipity ("Inn Serendipity"), a d.b.a. held by JDI Enterprises, Inc. All
other trademarks, service marks and companies names or logos cited herein
are the property of their respective owners.
THE
INN SERENDIPITY SITE TERMS AND CONDITIONS
Please read these Terms carefully before using this Web site (the "Site").
By using the Site, you agree to be bound by the Terms of Inn Serendipity ("IS") set out below. If you do not wish to be bound by such
Terms you should not use this Site.
1. You are wholly responsible for use of the Site by any person using
your terminal or point of presence and you must ensure that any such
person fully complies with these Terms.
2. You agree to use the Site in a manner consistent with all applicable
laws and regulations. This Site is intended for use only by persons
based in the United States of America, and by using this Site, you confirm
that you are such a person.
3. Although IS has taken reasonable care to ensure that the information
posted on this Site is accurate, IS gives no warranty of any kind,
express or implied, with regard to the accuracy, timeliness or completeness
of the information posted on this Site. [If a product offered by IS
on the Site is not as described, your sole remedy is to return it unused.]
4. INN SERENDIPITY, INN SERENDIPITY LOGO,
all product names and all page headers, custom graphics and button icons
contained on this Site are service marks, trade marks, trade names and/or
trade dress of Inn Serendipity. All other trade marks,
service marks and companies names or logos cited on the Site are the
property of their respective owners.
5. IS own all copyright in this Site and the information contained in it. You
may use the information and reproduce it in hard copy for your personal
reference only. The information may not otherwise be reproduced, distributed,
transmitted to any other person or incorporated in any way into another
document or other material without IS's prior written permission. Any
copy of the information which you make must retain all copyright and
other proprietary notices shown on the initial download or print-out.
6. Where IS provides hypertext links to other locations on the Internet,
[IS does so for information purposes only and such links are not an
endorsement by IS of any products or services in such web sites and
IS does not necessarily support or approve of the same. You use such
links entirely at your own risk and IS accepts no responsibility for
the content or use of such web sites or information contained in such
web sites. IS has not verified the truth or accuracy of any content
of such web sites.
7. IS may hold and process personal information obtained about you
when you access the Site and use it within the IS Group (meaning IS and their subsidiaries, holding companies,
affiliates and joint venture partners from time to time) to identify
other products and services which may be relevant to you, [to evaluate
the effectiveness of IS's marketing and for statistical analysis.
IS will not disclose such information outside IS except:
(a) if required by law or a regulator;
(b) under a strict code of secrecy to sub-contractors or persons acting
as our agents;
(c) to any person who may assume our rights in respect of this Site
or its provision. By agreeing to these Terms you agree to such data
being so used and that it may be transmitted to others as stated above.]
8. The Site may log IP addresses for systems administration purposes.
IP addresses are logged to track a user's session. This enables IS
to determine which parts of the Site users are visiting. We do not link
IP addresses to anything personally identifiable. This means that a
user's session will be tracked, but the user will be anonymous.
9. All purchases made through the Site must be paid for at the time
of order by credit card. All prices quoted on the Site are exclusive of delivery costs and all sales, use, customs and delivery taxes, charges
and duties, for which you are solely responsible.
10. All items purchased through the Site are delivered pursuant to
a shipment contract. This means that the risk of loss and title for
such items pass to you upon our delivery to the carrier.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY IS ON AN "AS IS" AND "AS AVAILABLE" BASIS.
IS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE
OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, IS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. IS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS,
OR E-MAIL SENT FROM IS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IS WILL NOT BE LIABLE FOR ANY LOSSES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE, AND CONSEQUENTIAL LOSSES. CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
12. IS reserves the right to make changes to this Site, these Terms
and its products at any time. If any provision of these Terms is held
to be illegal, invalid or unenforceable in whole or in part, these Terms
shall continue to be valid as to their other provisions and the remainder
of the affected provision.
13. By using this Site, you :
(a) agree that the laws of the state of Wisconsin, without
regard to principles of conflict of laws, will govern these Terms and
any dispute of any sort that might arise between you and IS;
(b) irrevocably submit to the jurisdiction of the state courts of the
State of [New York / Washington] and to the jurisdiction of the United
States District Court for Wisconsin for the purpose of any suit, action or other proceeding
arising out of or based upon your visit to this Site or on products
you purchase through this Site.
(c) waive to the extent not prohibited by applicable law, and agree
not to assert, by way of motion, as a defense or otherwise, in any such
proceeding brought in any of the above-named courts, any claim that
you are not subject personally to the jurisdiction of such court, that
your property is exempt or immune from attachment or execution, that
such proceedings are brought in an inconvenient forum, that the venue
of such proceeding is improper, or that these Terms or the subject matter
hereof may not be enforced in or by such court.
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Copyright and Website Use