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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS
AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All
users of this site agree that access to and use of this site
are subject to the following terms and conditions and other applicable
law. If you do not agree to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site, including but not limited
to text, graphics or code is copyrighted as a collective work
under the United States and other copyright laws, and is the
property of Owen's Originals Inc.. The collective work includes
works that are licensed to Owen's Originals Inc. Copyright 2005,
Owen's Originals Inc. ALL RIGHTS RESERVED. Permission is granted
to electronically copy and print hard copy portions of this site
for the sole purpose of placing an order with Owen's Originals
Inc.or purchasing Owen's Originals Inc. products. You may display
and, subject to any expressly stated restrictions or limitations
relating to specific material, download or print portions of
the material from the different areas of the site solely for
your own non-commercial use, or to place an order with Owen's
Originals Inc. or to purchase Owen's Originals Inc. products.
Any other use, including but not limited to the reproduction,
distribution, display or transmission of the content of this
site is strictly prohibited, unless authorized by Owen's Originals
Inc.. You further agree not to change or delete any proprietary
notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Owen's Originals
Inc. used in the site are trademarks or registered trademarks
of Owen's Originals Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided
"as is" and without warranties of any kind, whether
express or implied. To the fullest extent permissible pursuant
to applicable law, Owen's Originals Inc.disclaims all warranties,
express or implied, including, but not limited to, implied warranties
of merchantability and fitness for a particular purpose and non-infringement.
Owen's Originals Inc.does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server
that makes the site available are free of viruses or other harmful
components. Owen's Originals Inc. does not make any warrantees
or representations regarding the use of the materials in this
site in terms of their correctness, accuracy, adequacy, usefulness,
timeliness, reliability or otherwise. Some states do not permit
limitations or exclusions on warranties, so the above limitations
may not apply to you.
Limitation of Liability
Owen's Originals Inc.shall not be liable for any special or consequential
damages that result from the use of, or the inability to use,
the materials on this site or the performance of the products,
even if Owen's Originals Inc. has been advised of the possibility
of such damages. Applicable law may not allow the limitation
of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that aOwen's Originals Inc. product is mistakenly
listed at an incorrect price, Owen's Originals Inc. reserves
the right to refuse or cancel any orders placed for product listed
at the incorrect price. Owen's Originals Inc. reserves the right
to refuse or cancel any such orders whether or not the order
has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order
is cancelled, Owen's Originals Inc.shall issue a credit to your
credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing
the site and/or completing the registration or shopping process.
These terms and conditions, or any part of them, may be terminated
by Owen's Originals Inc. without notice at any time, for any
reason. The provisions relating to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification and Miscellaneous, shall
survive any termination.
Notice
Owen's Originals Inc. may deliver notice to you by means of e-mail,
a general notice on the site, or by other reliable method to
the address you have provided to Owen's Originals Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the
laws of the state of Kansas, U.S.A., without regard to choice
of law provisions, and not by the 1980 U.N. Convention on contracts
for the international sale of goods. You agree that jurisdiction
over and venue in any legal proceeding directly or indirectly
arising out of or relating to this site (including but not limited
to the purchase of Owen's Originals Inc. products) shall be in
the state or federal courts located in Washington County, Kansas.
Any cause of action or claim you may have with respect to the
site (including but not limited to the purchase of Owen's Originals
Inc. products) must be commenced within one (1) year after the
claim or cause of action arises. Owen's Originals Inc's. failure
to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a waiver
of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these
terms and conditions. Owen's Originals Inc. may assign its rights
and duties under this Agreement to any party at any time without
notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Owen's Originals Inc. or
other licensed employee, host, or representative, as well as
other members or visitors on the site is prohibited. You may
not upload to, distribute, or otherwise publish through the site
any content which is libelous, defamatory, obscene, threatening,
invasive of privacy or publicity rights, abusive, illegal, or
otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise
give rise to liability or violate any law. You may not upload
commercial content on the site or use the site to solicit others
to join or become members of any other commercial online service
or other organization.
Participation Disclaimer
Owen's Originals Inc. does not and cannot review all communications
and materials posted to or created by users accessing the site,
and is not in any manner responsible for the content of these
communications and materials. You acknowledge that by providing
you with the ability to view and distribute user-generated content
on the site, Owen's Originals Inc. is merely acting as a passive
conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site.
However, Owen's Originals Inc. reserves the right to block or
remove communications or materials that it determines to be (a)
abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Owen's Originals Inc. in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Owen's Originals
Inc., its officers, directors, employees, agents, licensors and
suppliers (collectively the "Service Providers") from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of these
terms and conditions or any activity related to your account
(including negligent or wrongful conduct) by you or any other
person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, Owen's
Originals Inc. may link to sites operated by third parties. However,
even if the third party is affiliated with Owen's Originals Inc.,
Owen's Originals Inc. has no control over these linked sites,
all of which have separate privacy and data collection practices,
independent of Owen's Originals Inc.. These linked sites are
only for your convenience and therefore you access them at your
own risk. Nonetheless,Owen's Originals Inc.seeks to protect the
integrity of its web site and the links placed upon it and therefore
requests any feedback on not only its own site, but for sites
it links to as well (including if a specific link does not work).
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