Elias LLC and Shop Whittier Dot Com Web Site Agreement
The ShopWhittier.com Web Site (the "Site") is an online information service provided by Elias LLC and Shop Whittier Dot Com ("ShopWhittier.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. ShopWhittier.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are ShopWhittier.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to ShopWhittier.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to ShopWhittier.com by all means and in any media now known or hereafter developed. You also grant to ShopWhittier.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against ShopWhittier.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to ShopWhittier.com.
We provide no compensation for Your Submission or for Our use of a Submission. We will not sell individual reproductions of your Submission. We assume no responsibility or liability for the timeliness, deletion, delivery failure or failure to store images.
1.1 TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of ShopWhittier.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by ShopWhittier.com, ShopWhittier.comdoes not operate, control or endorse any information, products or services on the Internet in any way. Except for ShopWhittier.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with ShopWhittier.com a. You also understand that ShopWhittier.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ShopWhittier.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND ShopWhittier.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. ShopWhittier.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. ShopWhittier.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
While we will strive to keep ShopWhittier.com up to date, and as accurate as possible, we cannot and do not take responsibility for any errors or omissions in our materials. We We further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We may make changes to these materials, or to the products or services described herein, at any time without notice, and make no commitment to update the information contained herein. If You do become aware of an error, please contact us at (562) 696-6868.
LIMITATION OF LIABILITY
IN NO EVENT WILL ShopWhittier.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF ShopWhittier.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ShopWhittier.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ShopWhittier.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-ShopWhittier.com web site, please understand that it is independent from ShopWhittier.com, and that ShopWhittier.com has no control over the content on that web site. In addition, a link to a ShopWhittier.com web site does not mean that ShopWhittier.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless ShopWhittier.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of ShopWhittier.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Third Party Vendors
We use third-party advertising companies, Such as Google's Adsense, to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. The information that is gathered does not reveal your personal identity. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here.
When a Google cookie is set on your browser, it allows Google to gather information about your browser’s interaction with a given ad. This information helps Google deliver ads that are relevant to your interests, control the number of times you see a given ad, and measure the effectiveness of ad campaigns. Anyone who prefers not to see ads with this level of relevance can opt out of advertising cookies. This opt-out will be specific only to the browser that you are using when you click the “Opt out” button at Google's privacy center.
6.Code of Conduct.
You agree not to do the following:
- Use the Site for any unlawful purposes.
- Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: Using, or attempting to use, any account without the User’s permission, obtaining or soliciting another User’s password or other personal information under false pretenses, or impersonating another User or otherwise misrepresenting Yourself to Us, the Site’s systems, or other entities.
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, accessing, or attempting to access, any portion of the Site that You are not authorized to access; and/or modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site. Unauthorized access (or attempts) may subject You to civil and/or criminal penalties.
- Post, store, or transmit any unlawful, harassing, inflammatory, libelous, threatening, false, defamatory, abusive, obscene, harmful, vulgar, nude, pornographic, profane, racial or religions prejudice, that which is offensive to people of a particular race or religion, hateful, copywritten, threatening, or otherwise objectionable, as determined by Us.
- Post, store, or transmit any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.
- Post, store, or transmit any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose, and subject to applicable Site rules.
- Use the Site to post, store, or transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
- Use the Site to post, store, or transmit materials in violation of another party’s copyright or other intellectual property rights. You are solely responsible for determining whether any material You post, store, or transmit is subject to a third party’s rights.
- Misuse any Email information available on or through the Site. This includes, without limitation, sending unsolicited commercial Email to any User, bulk Emails, “spam,” chain letters, “mail bombs,” or other disruptive transmissions.
We provide no guarantee that a Submission will be posted or published. We reserve the right to refuse to post, or may remove at any time, any Submission received through this Site for any reason.
7.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
8. Law Enforcement
Unauthorized use of the Site may result in criminal and/or civil prosecution. For the protection of our Users and the Community, We reserve the right to view, monitor, and record activity on the Site without notice or permission from You. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on the Site. We will comply with all court orders involving requests for such information.
Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between ShopWhittier.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. ShopWhittier.com's failure to insist upon or enforce strict performance of any provision of this Agreement 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 provision of this Agreement. ShopWhittier.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
We reserve the right to refuse service (by blocking IP, disallowing entry, or deleting any entries) to anyone.
Any rights not expressly granted herein are reserved.
