Terms & Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
By using or downloading information from this Web site, you represent that you have read and understand these Terms and Conditions of Use and agree to be bound by them. If you do not agree with these Terms and Conditions of Use, in whole or in part, please do not continue to use this Web site.
Changes to these Terms and Conditions of Use
John Brian Losh, Inc., doing business as EwingandClark.com ("EwingandClark.com," "us," or "we") may modify these Terms and Conditions of Use at any time, without notice, by updating this page. Please check this page periodically for changes since your continued use of this Web site following the posting of changes will indicate your acceptance of those changes.
These Terms and Conditions of Use were last updated on July 24, 2003.
Copyright and Restrictions on Use
The materials on this Web site ("Materials") as well as its organization and design are the property of EwingandClark.com and are protected by worldwide copyright laws and treaty provisions. You may access, print, and make personal use of this Web site for the sole purpose of facilitating your personal, non-commercial use and retention of information from this Web site. Except for the purpose of page caching and as otherwise explicitly set forth in this paragraph, you may not copy, distribute, republish, modify, display, publicly perform or use the Materials in any manner, without our prior written consent. You may not use spiders and other search robots on this Web site. Your use of spiders or search robots in violation of these Terms and Conditions of Use, may be a violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 et seq., state or other federal law, and EwingandClark.com shall take all actions it deems necessary to enforce its rights.
Intellectual Property Notice
Nothing contained in these Terms and Conditions of Use shall be construed as conferring any license or right to any trademark or other intellectual property right of EwingandClark.com or any other party. EwingandClark.com, and the lion head door knocker design are registered trademarks of John Brian Losh, Inc. All other trademarks, trade names, service marks and logos displayed throughout this Web site are the property of John Brian Losh, Inc., licensed by John Brian Losh, Inc., or owned by third parties. You may not display, use as a link, use as a meta tag, or otherwise use any of the trademarks, trade names, service marks and logos displayed throughout this Web site without the prior written consent of the owner of the trademark, trade name, service mark and logo.
Compliance with Law
We control and operate this Web site from our offices within the State of Washington, United States of America. EwingandClark.com makes no representation that the Materials are appropriate or available for use in other locations. You are solely responsible for compliance with all applicable laws and regulations that may govern your access and use of this Web site.
Other Businesses and Links
This Web site may contain links to Web sites or be linked to Web sites not under the control of EwingandClark.com. EwingandClark.com does not endorse the companies, products or Web sites that are linked to this Web site. Accordingly, we do not assume any responsibility or liability for the actions, products, or content of these Web sites. If you decide to access any of the third party Web sites linked to this Web site, you do so entirely at your own risk.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THIS WEB SITE AND THE MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EWINGANDCLARK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THIS WEB SITE OR THE MATERIALS ARE COMPLETELY ERROR FREE, WILL OPERATE WITHOUT INTERRUPTION, ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS, FREE OF VIRUSES, ERRORS, OR OTHER HARMFUL COMPONENTS, OR WILL OTHERWISE MEET YOUR NEEDS.
Computer systems are vulnerable in varying degrees to computer viruses, bugs, power disruptions, communication line disruptions, Internet access failures, Internet content failures, attacks by hackers and other problems ("E-Problems"). We have taken reasonable steps so that E-Problems will not materially affect our business, but do not guarantee that our Web site is immune to E-Problems. It is your responsibility to protect yourself from E-Problems. Steps you may consider taking to mitigate the vulnerability of your computer system to E-Problems include using firewalls, password protection, and anti-virus programs.
Limitation on Liability
IN NO EVENT SHALL EWINGANDCLARK.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR INCOME, OR LOSS OF USE OF EQUIPMENT, SOFTWARE OR DATA) RELATED TO OR THAT ARISE FROM (A) YOUR USE OF OR INABILITY TO USE THIS WEB SITE OR THE MATERIALS, (B) YOUR RELIANCE ON ANY MATERIALS CONTAINED ON THIS WEB SITE, OR (C) ANY GOODS OR SERVICES ADVERTISED OR LINKED TO THIS WEB SITE, EVEN IF EWINGANDCLARK.COM IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ACTED NEGLIGENTLY OR IF THE EXCLUSIVE REMEDIES STATED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use is held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in the jurisdiction where the provision was held to be invalid or unenforceable.
Governing Law, Venue and Dispute Resolution
These Terms and Conditions of Use shall be interpreted, construed and enforced in accordance with, and the rights of the parties shall be governed by, the laws of the State of Washington, excluding its choice of law rules and the United Nations Convention on Contracts for the International Sale of Goods. All claims or actions arising out of or related to these Terms and Conditions of Use and your use of this Web site and the Materials shall be settled by final and binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Such arbitration shall be held in King County, Washington before one arbitrator selected by mutual agreement of the parties or, absent such agreement, in accordance with the AAA rules. The arbitrator may not award any punitive damages. Any award of the arbitrator may be enforced in any court of competent jurisdiction. NOTWITHSTANDING THE DISPUTE RESOLUTION REQUIREMENTS SET FORTH ABOVE, EWINGANDCLARK.COM MAY SEEK INJUNCTIVE RELIEF RELATING TO YOUR ACCESS TO, OR USE OF, THIS WEB SITE IN THE STATE AND FEDERAL COURTS LOCATED IN KING COUNTY, WASHINGTON AND YOU IRREVOCABLY AND UNCONDITIONALLY CONSENT TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
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