Unless otherwise indicated, this Web Site and its contents are the property of Sheilam Nursery (hereinafter “SHEILAM”), affiliates, licensors or assigns (collectively "SHEILAMS") and are protected, without limitation, pursuant to USA and foreign copyright and trademark laws. By accessing this Web Site, you agree to the following terms and conditions. If you do not agree, you have no right or license to access this Web Site and you should not do so. As used herein, the phrase "this Web Site" refers to any sites on the World Wide Web originating in USA which are owned and/or operated by SHEILAMS, except as may be otherwise indicated on any such Web site.
Personal, Non-Commercial Use.
You are authorized to download one copy of the material on this Web Site on one
computer for your personal, non-commercial use only, and to print one hard copy
of the material on this Web Site for your personal, non-commercial use only. In
doing so, you may not remove or in any way alter any trademark, copyright, or
other proprietary notice. You may not modify, copy, distribute, republish,
translate, commercially exploit, or upload any of the material on this Web Site
without the prior written consent of SHEILAMS, except as expressly allowed in the
first sentence of this paragraph and except to the extent as may be expressly
allowed in this Web Site from time to time. In no event may you
commercially exploit any such material without the prior written consent of
SHEILAMS. No intellectual property or other rights in and to this Web Site, other
than the limited right to use set forth above, are transferred to you.
Disclaimer.
SHEILAMS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEB SITE OR
ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." SHEILAMS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED
WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY WEB SITE WITH WHICH IT
IS LINKED. SHEILAMS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE
INFORMATION ACCESSIBLE VIA THIS WEB SITE, OR ANY WEB SITE WITH WHICH IT IS
LINKED, IS ACCURATE, COMPLETE, OR CURRENT. It is your responsibility to evaluate
the completeness and accuracy of all information on this Web Site or any web
site with which it is linked. Price information and promotions are subject to
change without notice.
No
Liability.
To the fullest extent permitted by applicable law, SHEILAMS and its directors,
officers, employees, agents, representatives, suppliers, and contractors (all of
the foregoing, collectively, the "Representatives") shall in no event be liable
for any claims, charges, demands, damages, liabilities, losses, and expenses of
whatever nature and howsoever arising, including without limitation any
compensatory, incidental, direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a computer or electronic
virus, loss of income or profit, loss of or damage to property, claims of third
parties, or other losses of any kind or character, even if SHEILAMS has been
advised of the possibility of such damages or losses, arising out of or in
connection with the use of this Web Site or any web site with which it is
linked. You assume total responsibility for establishing procedures for checking
viruses and backing up data as you may consider necessary.
Indemnification.
You hereby agree to indemnify and hold harmless SHEILAMS and the Representatives
from and against any and all claims, charges, demands, damages, expenses,
liabilities, and losses of whatever nature and howsoever arising (including but
not limited to any legal or other professional fees and the costs of defending
or prosecuting any claim and any loss of profit, goodwill, and any other direct
or consequential loss) incurred or suffered by SHEILAMS and the Representatives,
directly or indirectly, by reason of any act or omission which you commit in
breach of these terms and conditions (including but not limited to your
obligations, representations and warranties contained herein) and any other
terms and conditions or policies set forth elsewhere in this Web Site.
Disclosure of Communications.
You are
cautioned that online communications may not be fully confidential. You should
ALSO be aware that some personnel of SHEILAMS may, in the course of their regular
duties, have access to communications for technical or operational purposes.
SHEILAMS may also disclose any communications as may be required by law. The
"Privacy Policy" sets forth SHEILAM’s privacy policy for this Web Site.
USA
Export Control Laws.
The U.S. export control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic transmission of
information and software to foreign countries and to certain foreign nationals.
You agree to abide by these laws and their regulations, including but not
limited to the Export Administration Act and the Arms Export Control Act, and
not to transfer, by electronic transmission or otherwise, any material from this
Web Site to either a foreign national or a foreign destination in violation of
such laws.
Applicable Law.
This Web Site is created and controlled by SHEILAM in Hawaii, USA. As such, the
substantive laws of Hawaii will govern these terms and conditions.
Miscellaneous.
These terms and conditions, together with any other terms and conditions or
policies set forth elsewhere in this Web Site, set forth the entire
understanding between you and SHEILAM regarding this Web Site. SHEILAM reserves the
right to make changes in its sole discretion at any time to this Web Site, to
these terms and conditions, and to any other terms and conditions or policies
set forth elsewhere in this Web Site.
Trademarks.
Titles, logos,
designs, and product and company names may be trademarks and/or service marks of
their respective owners.
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Copyright© 2005 Sheilam Nursery.