AGREEMENT BETWEEN USER AND Bronze West Imports
The Bronze West Imports Web Site is comprised of various Web
pages operated by Bronze West Imports.
The Bronze West Imports Web Site is
offered to you conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein. Your use of the
Bronze West Imports Web Site constitutes your agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Bronze West Imports
reserves the right to change the terms, conditions, and notices under which the
Bronze West Imports Web Site is offered, including but not limited to the
charges associated with the use of the Bronze West Imports Web Site.
COPYRIGHT AND TRADEMARK DISCLOSURE:
- Bronze West Imports, Inc. is a registered trademark of the United States Patent and Trademark Office, Reg. No. 3,893,710, Registered Dec. 21, 2010 (link this statement to certificate). Any use of our company name in any manner for on-line purposes is unlawful and strictly prohibited.
- All contents and materials on the Bronze West Imports website, including but not limited to any or all written materials, images, photographs, logos, including the design, layout and other elements of the website, are copyrighted and cannot be used for any purpose without the express permission of Bronze West Imports, Inc. Please contact us at info@BronzeWestImports.com for information or if you are interested in developing a business relationship with our company and obtaining any or our copyrighted materials.
- Permission to use any materials from the Bronze West Imports website is valid only for the term of the business relationship between Bronze West Imports and its affiliates. Us e of any materials after the termination of business is prohibited.
- Any rights not expressly granted herein are reserved.
Release of Liability for injury caused by improperly installed or maintained sculpture
- Bronze West Imports sells bronze sculpture and marble pieces, many of which are large and heavy and often installed in public places for the viewing pleasure of others.
- Bronze West Imports, Inc. does not perform installation service or warrant the installation of the bronze sculpture or marble statuary it sells in any manner. It is the responsibility of the buyer to properly install and maintain the sculpture in a safe manner that does not result in the potential for the accidental tipping over, falling or breaking of the sculpture or marble statuary, which may cause injury to others. Further, it is the responsibility of the buyer to maintain the sculpture for its intended use; i.e., as outdoor art to be viewed for aesthetic purposes, and not promote the sculpture as an “attractive nuisance” or play item for children or others, thereby creating potentially unsafe conditions for the public or others.
- Bronze West Imports will provide guidance on the proper installation and maintenance of its sculpture to its customers to ensure the safe and proper installation and use of the sculpture and marble statuary it sells.
LINKS TO THIRD PARTY SITES
The Bronze West Imports Web Site may
contain links to other Web Sites ("Linked Sites"). The Linked Sites are not
under the control of Bronze West Imports and Bronze West Imports is not responsible
for the contents of any Linked Site, including without limitation any link
contained in a Linked Site, or any changes or updates to a Linked Site.
Bronze West Imports is not responsible for webcasting or any other form of
transmission received from any Linked Site. Bronze West Imports is providing
these links to you only as a convenience, and the inclusion of any link does
not imply endorsement by Bronze West Imports of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the
Bronze West Imports Web Site, you warrant to Bronze West Imports that you will not
use the Bronze West Imports Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
Bronze West Imports Web Site in any manner which could damage, disable,
overburden, or impair the Bronze West Imports Web Site or interfere with any
other party's use and enjoyment of the Bronze West Imports Web Site. You may not
obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Bronze West Imports Web
Sites.
MATERIALS PROVIDED TO Bronze West Imports OR POSTED AT ANY Bronze West Imports WEB
SITE
Bronze West Imports does not claim ownership of the materials you provide to
Bronze West Imports (including feedback and suggestions) or post, upload, input
or submit to any Bronze West Imports Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Bronze West Imports, its
affiliated companies and necessary sublicensees permission to use your
Submission in connection with the operation of their Internet businesses
including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat
your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Bronze West Imports is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time in
Bronze West Imports's sole discretion.
By posting, uploading, inputting,
providing or submitting your Submission you warrant and represent that you own
or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to
provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Bronze West Imports WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. Bronze West Imports AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE Bronze West Imports WEB SITE AT ANY
TIME. ADVICE RECEIVED VIA THE Bronze West Imports WEB SITE SHOULD NOT BE RELIED
UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT
AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Bronze West Imports AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Bronze West Imports WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
Bronze West Imports AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Bronze West Imports AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE
Bronze West Imports WEB SITE, WITH THE DELAY OR INABILITY TO USE THE
Bronze West Imports WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Bronze West Imports WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Bronze West Imports WEB SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Bronze West Imports OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
THE Bronze West Imports WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Bronze West Imports WEB SITE.
SERVICE CONTACT : info@BronzeWestImports.com
TERMINATION/ACCESS RESTRICTION
Bronze West Imports reserves the right, in its sole discretion, to terminate your
access to the Bronze West Imports Web Site and the related services or
any portion thereof at any time, without notice. GENERAL To the maximum extent
permitted by law, this agreement is governed by the laws of the State of
Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and
venue of courts in King County, Washington, U.S.A. in all disputes arising out
of or relating to the use of the Bronze West Imports Web Site. Use of the
Bronze West Imports Web Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these terms and conditions, including without
limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Bronze West Imports as
a result of this agreement or use of the Bronze West Imports Web Site.
Bronze West Imports's performance of this agreement is subject to existing laws
and legal process, and nothing contained in this agreement is in derogation of
Bronze West Imports's right to comply with governmental, court and law
enforcement requests or requirements relating to your use of the
Bronze West Imports Web Site or information provided to or gathered by
Bronze West Imports with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including,
but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the agreement shall
continue in effect. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Bronze West Imports with
respect to the Bronze West Imports Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and Bronze West Imports with respect to the
Bronze West Imports Web Site. A printed version of this agreement and of any
notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d subject to the same conditions as other business documents and
records originally generated and maintained in printed form. It is the express
wish to the parties that this agreement and all related documents be drawn up
in English.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.