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WEB SITE TERMS AND CONDITIONS
Date of last Revision: October 11, 2003
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE
These terms and conditions (the "Site Terms") apply exclusively to your access to, and use of, this Web site (the "Site") and do not alter in any way the terms or conditions of any other agreement you may have with PrepareSmart, LLC, ("PrepareSmart") for products, services or otherwise.
If you have any question regarding the use of this Site, please direct such questions to the firstname.lastname@example.org or call us at (425) 881-5354.
for information on how PrepareSmart collects and uses information from users of the Site.
2. Limited License
PrepareSmart grants you a limited license to make personal use only of the Site. Such license is subject to the Site Terms and does not include: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings, pictures or descriptions; (c) making derivative uses of the Site and its contents; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site or any information contained on the Site, except as expressly permitted on the Site; or (f) any use of the Site other than for its intended purpose. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in under any patent, trademark, or proprietary right of PrepareSmart or any third party.
3. Terms and Conditions of Sale
Please refer to our Terms and Conditions of Sale for the terms, conditions and policies applicable to your purchase of products from PrepareSmart. By ordering products through this Site, you agree to be bound by and accept such terms and conditions
Unless otherwise indicated, all Web site materials and content, including, without limitation, the PrepareSmart logo, and all designs, text, graphics, other files, and the selection and arrangement thereof are the proprietary and copyrighted property of PrepareSmart or its licensors. You may electronically copy and print to hard copy portions of this Web site for the sole purpose of using materials it contains for informational, non-commercial, personal use only. Any other use of the materials in this Web site including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance without the prior written permission of PrepareSmart is strictly prohibited.
PrepareSmart, the PrepareSmart logo, and any product or service name or slogan contained in this Web site, are trademarks of PrepareSmart and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PrepareSmart or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of PrepareSmart, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PrepareSmart. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
You are granted a limited, non-exclusive right to create a hyperlink to this Web site for noncommercial purposes provided such link does not portray PrepareSmart or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any PrepareSmart trademark, logo or other proprietary information, including the images found at this Web site, the content of any text or the layout/design of any page or form contained on a page without PrepareSmart's express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of PrepareSmart or any third party. PrepareSmart makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site. The linked sites are not under the control of PrepareSmart and PrepareSmart is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. PrepareSmart is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by PrepareSmart of the site or any information contained therein.
7. Third Party Content & Services
PrepareSmart may provide links to Web pages and content of third parties ("Third Party Content") as a service to those interested in this information. PrepareSmart does not monitor nor have any control over any Third Party Content or third party Web sites. PrepareSmart does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. PrepareSmart does not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or other submissions to PrepareSmart, or postings on this Web site, are non-confidential and shall become the sole property of PrepareSmart. PrepareSmart shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
THIS WEB SITE AND THE MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PREPARESMART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PREPARESMART DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. PREPARESMART DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PrepareSmart reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by PrepareSmart.
10. Limitation of Liability
IN NO EVENT SHALL PREPARESMART, ITS OWNERS, MANAGERS, MEMBERS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM PREPARESMART, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PREPARESMART'S RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PREPARESMART (WHETHER IN CONTRACT, WARRANTY TORT INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF PREPARESMART'S WEB SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO PREPARESMART FOR ACCESS TO OR USE OF THIS WEB SITE.
11. Applicable Law
These Site Terms and your use of this Site shall be governed by and construed in accordance with the laws of the State of Washington, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, PrepareSmart reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
14. Questions & Contact Information
Questions or comments about PrepareSmart's Site may be directed to PrepareSmart, Inc. at info@PrepareSmart.com, or you may telephone us at (425) 881-5354.