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Bailey's Embroidery
TERMS OF SERVICE AGREEMENT
Terms and Conditions of Use
Welcome to Bailey's Embroidery ("B. E"), an online service of Bailey's
Embroidery and www.baileysembroidery.com
(" B. E."). Your use of the Service will be subject to the terms of this Terms
of Service Agreement (TOS). The TOS may change from time to time. Use of service after a
change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE
THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.
Participation and Conduct
During the term of this Agreement,("B. E") grants to you a terminable at will
non-exclusive license to use and display the Service, and to download materials available
through the Service, all solely for your personal, non-commercial use. You may not
transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You
may not link to our site if you sell ads on your site or you charge a subscription fee to
use or access your site. No deep linking directly to articles is permitted if you sell ads
on your site or you charge a subscription fee to use or access your site. Any use in
violation of these limits shall constitute a violation of the terms of this license.
Absolutely no framing of our site is permitted.
You may participate in any forums or messaging threads offered through the Service, but
you agree not to post any material the content of which (i) is defamatory, libelous,
obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii)
infringes the copyright, trademark right, or other intellectual property right of any
third party. You will be solely responsible for all content that you post on the Service.
You agree to indemnify ("B. E") and its officers and employees from and against
all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any
of them which arise out of or are related to the content that you post. Forums and
messaging are intended only for the personal use of subscribers, and may not be used for
commercial purposes or for organized political activity.
("B. E") reserves the right to monitor content posted on the Service, and to
modify or remove any messages or postings that it deems, in its sole discretion, to be
abusive, defamatory, in violation of the copyright, trademark right, or other intellectual
property right of any third party, or otherwise inappropriate for the Service. ("B.
E") also reserves the right to edit or modify any submissions in response to requests
for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing,
("B. E") is not obligated to take any such actions, and will not be responsible
or liable for content posted by any subscriber in any forum, message board, or other area
within the Service.
Copyright and Trademarks
The Service is the personal property of ("B. E"). ("B. E")retains the
right to bar any individual or entity from the Service. Accessing the Service after being
barred shall constitute an act of trespass. The Service and all materials published
therein, including but not limited to articles, graphical images, interactive
applications, audio clips, and video clips (collectively, the "Content"), are
protected by copyright and are owned by("B. E"). or its licensors. You may not
modify the Content or re-publish, re-transmit, or otherwise distribute directly or via
links any Content to any third person except for your personal, non-commercial use, as
permitted by the license granted above. It is understood that some of the content
appearing on the site is news and as such releases are not obtained from individuals or
entities for the use of the name, likeness, or trademarks. It is your sole obligation to
a) determine if your uses require releases or permission, and b) to obtain the necessary
releases.
("B. E") and their respective logos are trademarks of ("B. E"). All
other trademarks on the Service are the property of their respective holders.
DISCLAIMER OF PRODUCT LIABILITY
("B. E") PURCHASES PRODUCTS AND SERVICES FROM WHOLESALE PROVIDERS ("B.
E") MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, AS
TO THE INFORMATION, PRODUCTS OR SERVICES PROVIDED BY ANY INDEPENDENT WHOLESALE PROVIDER.
("B. E") DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR
PURPOSE OF THE GOODS AND SERVICES MADE AVAILABLE BY ANY WHOLESALE PROVIDER.
("B. E") WILL NOT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL,
PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED, INCLUDING, BUT NOT WITHOUT LIMITATION, DAMAGES
CAUSED BY FAILURE OF PERFORMANCE, NEGLIGENCE, DISASTER OR UNDER ANY CAUSE OF ACTION. NO
INFORMATION, PRODUCT OR SERVICE PROVIDED BY ANY WHOLESALE PROVIDER IS GUARANTEED BY
("B. E"), AND ("B. E") DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OF
ANY DATA PROVIDED BY AN INDEPENDENT WHOLESALE PROVIDER.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, BANKRUPTCY, DISASTER, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION
OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR
UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT("MOMS") IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF WHOLESALE PROVIDERS OR
THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
You agree to hold ("B. E") harmless from any claims and expenses, including
reasonable attorney's fees and court costs, related to this Agreement, including the Terms
of Service.
This Agreement constitutes the entire agreement between the parties with respect to the
subject matter contained herein and supersedes all previous and contemporaneous
agreements, proposals and communications, written or oral between ("B. E")
representatives and you. ("B. E") may amend or modify this Agreement or impose
new conditions at any time.
This Agreement shall be construed and controlled by the laws of the State of Washington.
Further, any dispute arising from the terms of this agreement or a breach of this
Agreement will be governed by the laws of the State of Washington. Customer agrees to
personal jurisdiction by the state and federal courts sitting in the State of Washington.
Permissions
All requests for licensing, reprints, linking and other usage of material on (B. E) should
be addressed to thehatman@hughes.net .
We will review your request, and provide you with an approval or rejection as soon as we
have evaluated the request.
We will attempt to approve or disapprove within 24 hours of each request.
Exclusions of Warranty and Liability
THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR
IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ("B. E") DOES NOT WARRANT
THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU
DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND
PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. ("B. E") IS NOT RESPONSIBLE FOR
THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND("B. E") DOES
NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.("B. E") DOES NOT
WARRANT THAT THE CONTENT OF ITS STORIES WILL BE ERROR FREE.
("B. E") WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS
OR REVENUE; LOSS OF USE OF OR RELIANCE ON THE SERVICE, INFORMATION PROVIDED OR OF ANY
EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING
OUT OF THE USE OR INABILITY TO USE THE SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH
THE SERVICE, EVEN IF ("B. E") HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH
DAMAGES. IN NO EVENT SHALL ("B. E") TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE
SERVICE EXCEED $100.
SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Notices
("B. E") may give notice to you through general posting on the Service, through
postal notification, or through E-mail notification, in its sole discretion. You may give
notice to ("B. E") via E-mail at mailto:thehatman@hughes.net,
by postal mail
Marvin Bailey
322 Meridian Dr. Kelso,WA 98626 Phone: 360-423-2407 Office
"B. E") reserves the right, in its sole discretion, to restrict or block the
access of any subscriber to the Service, or any section thereof.
General
Any failure by ("B. E") to enforce any provision of this Agreement shall not be
construed as a continuing waiver of any rights under such provision. In the event that any
portion of this Agreement is held unenforceable, the remaining provisions of the Agreement
shall remain in full force and effect.
Indemnity
In the event you breach the terms of this license, or if, any claims are made against
("B. E") (its employees, officers or directors resulting from your actions) you
shall be liable to ("B. E") for all damages, costs, judgments, expenses
(including reasonable attorney fees) which it incurs.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Washington, as applied to contracts entered into and performed within You agree to
grant jurisdiction over yourself to the courts of Washington designate it as the forum for
resolution of all disputes arising under this Agreement.
This Agreement states the entire agreement between the parties with respect to the
Service, and all prior or contemporaneous agreements are merged herein and superseded
hereby.
Bailey's Embroidery
Marvin Bailey
322 Meridian Dr.
Kelso,WA 98626
Tel: 1-360-423-2407
E-mail: Customer Service
11/06/07
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