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Ceilingfan.com
WEB SITE TERMS OF USE AND LEGAL RESTRICTIONS
ATTENTION:
PLEASE READ ALL THESE PROVISIONS ("TERMS") CAREFULLY BEFORE
USING THIS WEB SITE. USING THIS WEB SITE INDICATES YOUR AGREEMENT AND
ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE
THIS WEB SITE OR DOWNLOAD MATERIALS FROM THIS SITE.
The
Site and its Use
The Ceilingfan.com Web site is owned and provided by Ceilingfan.com from
its offices in California. The applicable Web site or sites are referred
to herein as the "Site." Each Site is provided for your personal
information and non-commercial use. Please feel free to browse the Site;
however, your access to and use of the Site is subject to these Terms
and all applicable laws.
You
shall use the Site for lawful purposes only. You shall not post or transmit
through the Site any information or material which violates or infringes,
in any way, the rights of others, or which is unlawful, threatening, abusive,
defamatory, invasive of privacy or publicity rights, vulgar, obscene,
profane, harassing, or otherwise objectionable. Nor shall you post or
transmit through the Site any information or material which encourages
conduct that would constitute a criminal offense, give rise to liability
or otherwise violate any law or administrative ruling or guidelines, is
in violation of these Terms, or which, without Ceilingfan.com's prior
written approval, contain advertising or any solicitation with respect
to products or services. Any conduct by you that, in Ceilingfan.com's
opinion, restricts or inhibits any other user from using or enjoying the
Site will not be permitted.
The
Site contains information and materials, including but not limited to,
text, software, photos, video, graphics and audio, (collectively "Materials")
which are derived in whole or in part from information and materials supplied
by Ceilingfan.com and our suppliers, and are protected by international
copyright, trademark and other laws and the entire content of the Site
is copyrighted as a collective work under the United States Copyright
Laws. Ceilingfan.com owns the copyright in the overall selection, coordination,
arrangement and enhancement of such content, and owns the rights in, or
license to use, the individual components of such content. Materials may
not be copied, reproduced, republished, modified, uploaded, posted, transmitted
or distributed in any way or decompiled, reverse engineered or disassembled,
including but not limited to the text, images, audio and/or video, as
well as any software (including but not limited to any images or files
incorporated in or generated by the software or data accompanying such
software), except that you may download one copy of the materials on any
single computer for your personal, non-commercial use only, provided you
keep intact all copyright, trademark and other proprietary notices and
make no change in or deletion of author attribution. This limited authorization
is not a transfer of title in the materials and by your use of the site,
you acknowledge that you do not acquire any license, ownership or other
rights to the materials. modification of the materials or use of the materials
for any other purpose is a violation of Ceilingfan.com's or such other
sources' copyright, trademark and other proprietary rights and may violate
other laws. The use of any such materials on any other web site or networked
computer or environment is prohibited without Ceilingfan.com's express
written consent. If you breach any of these terms, your authorization
to use the site automatically terminates and you must immediately destroy
any downloaded or printed materials.
Disclaimer
THE SITE AND MATERIALS AND RELATED COMMUNICATIONS ARE PROVIDED "AS
IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILTY,
NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES.
Ceilingfan.com ALSO DOES NOT WARRANT THE ACCURACY OR COMPETENESS OF THE
MATERIALS, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE,
STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE BY THE USE OF THE SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS,
ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
Ceilingfan.com
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY
ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE (INCLUDING
ANY BULLETIN BOARD AND CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS
FROM THE SITE.
Third-Party
Sites
Ceilingfan.com may provide as a convenience to you, links to Web sites
operated by other entities and persons, but makes no representations whatsoever
about any other Web site which you may access through this one. Any link
to a non-Ceilingfan.com web site does not mean that Ceilingfan.com endorses
or accepts any responsibility for the content, or the use of such web
site. If you use these sites, you do so at your own risk. Ceilingfan.com
makes no warranty or representation regarding, and does not sponsor or
endorse, any linked web sites or the information or materials appearing
thereon or any of products and services described thereon. Furthermore,
links do not imply that Ceilingfan.comis affiliated or associated with,
or that any linked site is authorized to use any trademark, trade name,
logo, or copyright of Ceilingfan.com.
Third
Party Content
Any opinions, statements, services, offers or other information or content
expressed or made available in the Site by any third party are those of
the respective author(s) or distributor(s) and not of Ceilingfan.com.
Limitation of Liability.
Your use and browsing of the site is at your risk. If you are dissatisfied
with any of the Materials contained in the Site, or with any of these
Terms, your sole and exclusive remedy is to discontinue accessing and
using the Site.
UNDER
NO CIRCUMSTANCES WILL Ceilingfan.com, ITS SUPPLIERS OR OTHER THIRD PARTIES
MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE
BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL
OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND
EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND
BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO
USE OR THE RESULTS OF USE OF THE SITE, ANY WEB SITES LINKED TO THE SITE,
OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT
LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE;
ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT;
DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE
FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE
OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT Ceilingfan.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Ceilingfan.com
SHALL HAVE NO LIABLITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT
OF ANY USER OR OTHER THIRD PARTY.
Ceilingfan.com's
obligations and responsibilities regarding its products and services are
governed solely by Ceilingfan.com's terms and conditions of sale or license
under which such products and services are sold or licensed. Copies of
such terms and conditions are available from the applicable Ceilingfan.com
entity.
Safe
Harbor
The Materials at the Site may contain various forward-looking statements
and which may be based on or include assumptions, concerning Ceilingfan.com's
operations, future results and prospects. These forward-looking statements
are based on current expectations and are subject to risk and uncertainties.
In connection with the "safe harbor" provisions of the United
States' Private Securities Litigation Reform Act of 1995, Ceilingfan.com
provides the following cautionary statement identifying important economic,
political and technology factors which, among others, could cause the
actual results or events to differ materially from those set forth or
implied by the forward-looking statements and related assumptions.
Such
factors include the following: (1) changes in the current and future business
environment, including interest rates and capital and consumer spending;
(2) competitive factors and competitor responses to Ceilingfan.com's initiatives;
(3) successful development and market introductions of anticipated products;
(4) changes in government laws and regulations, including taxes; (5) unstable
governments and business conditions in emerging economies; (6) continuation
of the favorable environment to make acquisitions, domestic and foreign,
including regulatory requirements and market values of candidates.
Information
Provided By You
It has been and remains Ceilingfan.com's policy not to accept or consider
ideas, suggestions or materials other than those that Ceilingfan.com has
specifically requested from you. Accordingly, Ceilingfan.com does not
want you to, and you should not, send any confidential or proprietary
information to Ceilingfan.com through the Site unless specifically requested
by Ceilingfan.com. Please note that any unsolicited information or material
sent to Ceilingfan.com will be deemed not to be confidential or proprietary.
By submitting information and material to the Site, you automatically
grant to Ceilingfan.com (or warrant that the owner of such information
and material has expressly granted to Ceilingfan.com) a royalty-free,
perpetual, irrevocable, unrestricted, right and license to use, reproduce,
display, perform, modify, adapt, publish, translate, transmit and distribute,
or otherwise make available to other such information and material (in
whole or in part and for any purpose) worldwide and/or to incorporate
it in other works in any form, media, or technology now known or hereafter
developed. You also agree that Ceilingfan.com is free to use any ideas,
concepts, know-how, or techniques that you send Ceilingfan.com for any
purpose.
As
further provided above, Ceilingfan.com does not want to receive, and you
are deemed to covenant and agree through the use of the Site not to provide,
any information or materials to Ceilingfan.com that are defamatory, threatening,
obscene, harassing, in violation of any law, governmental requirements
or otherwise unlawful, or that incorporate the proprietary information
or materials of another person or entity.
You
shall not upload, post or otherwise make available on the Site any information
and material protected by copyright, trademark or other proprietary right
without the express written permission of the owner of such right(s).
You shall be solely liable for any damages resulting from any infringement
of copyright, proprietary rights, or any other harm resulting from such
a submission.
Changes
Ceilingfan.com reserves the right, in its sole discretion, to revise these
Terms at any time and correct any errors or omissions in any portion of
the Site and Materials. Materials may also be changed, modified, added,
or removed and updated without notice at any time; however, Ceilingfan.com
is under no obligation to update Materials. Ceilingfan.com may also make
changes in the products, services, programs, or prices (if any) described
in the Site at any time without notice. Your continued use of the Site
after any change Ceilingfan.com makes to the Site will be considered acceptance
of those changes. You should revisit these Terms from time to time to
review the then-current Terms because they are binding on you.
Linking
to Site:
Anyone linking to Ceilingfan.com's Site must comply with Ceilingfan.com's
guidelines for linking to Ceilingfan.com's Site and all applicable laws.
International
Users
The Site is administered by Ceilingfan.com from its offices in the United
States. Materials published at the Site may refer to products, programs,
or services that are not available in your country. Consult your local
Ceilingfan.com business contact in this regard. Furthermore, Ceilingfan.com
makes no representation that the Materials at the Site are appropriate
or available for use at other locations outside of the United States and
access to them from territories where there contents are illegal is prohibited.
You may not use the Site or export information and materials in violation
of the export laws of the United States or any other country. If you access
the Site from a location outside of the United States, you are responsible
for compliance with all applicable laws.
Governing
Law
These Terms shall be governed by the laws of the State of Missouri, without
giving effect to any principles of conflicts of law. If any provision
of this Agreement and Terms shall be unlawful, void, or for any reason
unenforceable then that provision shall be severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions.
These
Terms constitute the entire agreement between Ceilingfan.com and you with
respect to your use of the Site. Any cause of action you may have with
respect to your use of the Site must be commenced within six (6) months
after the claim or cause of action arises.
Privacy:
Overview
Ceilingfan.com is aware of the need to address Internet privacy issues
and we believe you should be aware of how we intend to treat any information
about you that we might receive on the Internet as a result of your visit
to the Site.
Information
About Ceilingfan.com On-Line Visitors
You can visit Ceilingfan.com on the Site without telling us who you are
or revealing any information about yourself. Our web servers collect the
domain names, not the e-mail addresses, of visitors. In general, we gather
information about users of the Site collectively in order to determine,
for example, which areas users access more frequently and which Materials
users access the most. This information helps us to determine what is
most beneficial for our users, and how we can continually create a better
overall experience for our users by improving the content of the Site.
There
are times however, when we may need information from you, such as your
name and address. Customarily, the personal information Ceilingfan.com
obtains is used only to respond to inquiries, to process orders, product
registration or to allow the user to access specific account information.
We may also ask you to voluntarily provide us with information for market
research such as, your interests, demographics, and experience with our
products. Occasionally, we may make the e-mail addresses of those who
provide information available to other reputable organizations whose products
or services we think you may find interesting.
Cookies
There is a technology called "cookies" which is an element of
data that a Web site can send to your browser which may then store on
your system. Some Site pages use cookies so that we can better serve you
when you return to our Site. You can set your browser to notify you when
you receive a cookie, giving the chance to decide whether to accept it.
Web
Site Links
Ceilingfan.com's Site may contain links to other Web sites such as Ceilingfan.com
distributors and sales representatives. While Ceilingfan.com tries to
link only to sites that share its high standards and respect for privacy,
Ceilingfan.com cannot take responsibility for the content or the privacy
practices employed by other sites.
Changes
If at anytime Ceilingfan.com changes its privacy commitment, Ceilingfan.com
will post those changes here so that you will know what information Ceilingfan.com
gathers and how Ceilingfan.com might use that information.
©
1996-2002, Ceilingfan.com, All Rights Reserved
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