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These terms and conditions apply
to your use of the R & P
Cook, dba S and C – Treasures
Found Web Site. By
accessing this Web Site,
you agree to be bound by them.
DEFINITIONS
"Conditions" means
these terms and conditions:
"Personal Information" means any
personal details provided by you
via the Web Site;
"User(s)" means (a) user(s) of
the Web Site either
collectively or individually, as
the context requires;
"We/us/our" means R & P Cook,
L.C. and/or S and C -
Treasures Found, "Web
Site" means the Web Site
located at
http://www.sandc-treasuresfound.com
or any subsequent URL which may
replace it; and "You/your" means
you as a user of the Web Site.
ACCESS
We
will provide you with access to
the Web Site in
accordance with these
Conditions.
YOUR OBLIGATIONS
You:
-
agree not to use the
Web Site (or any
part of) for any illegal
purpose and agree to use
it in accordance with
all relevant laws;
-
agree not to upload or
transmit through the
Web Site any
computer viruses, macro
viruses, trojan horses,
worms, keyloggers or
anything else designed
to interfere with,
interrupt or disrupt the
normal operating
procedures of any
computer;
-
agree not to upload or
transmit through the
Web Site any
computer viruses, macro
viruses, trojan horses,
worms, keyloggers or
anything else designed
to capture, copy or
transmit information of
any kind from a
computer;
-
will not upload or
transmit through the
Web Site any
material which is
defamatory, offensive,
or of an obscene or
menacing character, or
that may cause
annoyance, inconvenience
or needless anxiety;
-
will not use the Web
Site in a way that
may cause the Web
Site to be
interrupted, damaged,
rendered less efficient
or such that the
effectiveness or
functionality of the
Web Site is in any
way impaired;
-
will not use the Web
Site in any manner
which violates or
infringes the rights of
any person, firm or
company (including, but
not limited to, rights
of intellectual
property, rights of
confidentiality or
rights of privacy);
-
agree that in the event
that you have any right,
claim or action against
any Users arising out of
that User's use of the
Web Site, then
you will pursue such
right, claim or action
independently of and
without recourse to us.
INDEMNITY
You agree to be fully
responsible for (and fully
indemnify us against) all
claims, liability, damages,
losses, costs and expenses,
including legal fees, suffered
by us and arising out of any
breach of the Conditions by you
or any other liabilities arising
out of your use of the Web
Site, or the use by any
other person accessing the
Web Site using your PC or
internet access account.
OUR RIGHTS
We reserve
the right to:
-
modify
or withdraw, temporarily
or permanently, the
Web Site (or any
part of) with or without
notice to you and you
confirm that we shall
not be liable to you or
any third party for any
modification to or
withdrawal of the Web
Site; and/or
-
change these Conditions
from time to time, and
your continued use of
the Web Site (or
any part of) following
such change shall be
deemed to be your
acceptance of such
change. It is your
responsibility to check
regularly to determine
whether the Conditions
have been changed. If
you do not agree to any
change to the Conditions
then you must
immediately stop using
the Web Site.
-
We
will use our reasonable
endeavors to maintain
the Web Site. The
Web Site is
subject to change from
time to time. You will
not be eligible for any
compensation because you
cannot use any part of
the Web Site or
because of a failure,
suspension or withdrawal
of all or part of the
Web Site due to
circumstances beyond our
control.
THIRD PARTY LINKS
In
an attempt to provide increased
value to our Users, we may
provide links to other Web Sites
or resources. You acknowledge
and agree that we are not
responsible for the availability
of such external sites or
resources, and do not endorse
and are not responsible or
liable, directly or indirectly,
for the privacy practices or the
content (including
misrepresentative or defamatory
content) of such Web Sites,
including (without limitation)
any advertising, products or
other materials or services on
or available from such Web Sites
or resources, nor for any
damage, loss or offence caused
or alleged to be caused by, or
in connection with, the use of
or reliance on any such content,
goods or services available on
such external sites or
resources.
MONITORING
We have the right, but not the
obligation, to monitor any
activity and content associated
with the Web Site. We may
investigate any reported
violation of these Conditions or
complaints and take any action
that we deem appropriate (which
may include, but is not limited
to, issuing warnings,
suspending, terminating or
attaching conditions to your
access and/or removing any
materials from the Web Site).
YOUR DATA
We respect
your personal information and
undertake to comply with
applicable US Data Protection
legislation from time to time in
place.
You should
be aware that:
-
If we are requested by
the police or any
regulatory or government
authority investigating
suspected illegal
activities, or upon
receipt of a court
order, to provide your
Personal Information
and/or information
concerning your
activities while using
the Web Site we shall do
so; and
-
We reserve the right in
our reasonable
discretion to disclose
details of your use of
the Web Site in relation
to any, or any
threatened, Court
Proceedings in
connection with your
use, or the use of
anyone under your
control, or the use by
any other person
accessing the Web Site
using your PC or
internet access account
of the Web Site whether
in connection with the
matters set out in these
Conditions or otherwise.
Please view
our Privacy Policy, which forms
part of these Conditions.
INTELLECTUAL PROPERTY AND RIGHT
TO USE
You
acknowledge and agree that all
copyright, trademarks and all
other intellectual property
rights in all material or
content supplied as part of the
Web Site shall remain at
all times vested in us or our
licensors. You are permitted to
use this material only as
expressly authorized by us.
Copyright
2009 R & P Cook, L.C. [dba S
and C - Treasures Found].
All rights reserved.
NOTICES
You may send
us notices under or in
connection with these
Conditions:
As proof of
sending does not guarantee our
receipt of your notice, you must
ensure that you have received an
acknowledgement from us, which
will be sent within 5 working
days of our receipt and should
be retained by you.
LIMITATION OF LIABILITY
WHILE WE WILL USE REASONABLE
ENDEAVORS TO VERIFY THE ACCURACY
OF ANY INFORMATION WE PLACE ON
THE WEB SITE, WE MAKE NO
WARRANTIES, WHETHER EXPRESS OR
IMPLIED IN RELATION TO ITS
ACCURACY.
The Web Site is provided
on an "as is" and "as available"
basis without any representation
or endorsement. Unless specified
in separate terms and conditions
related to a particular product
or service, we make no
warranties of any kind, whether
express or implied, in relation
to the Web Site, or
products or services offered on
the Web Site whether by
us or on our behalf including
but not limited to, implied
warranties of satisfactory
quality, fitness for a
particular purpose,
non-infringement, compatibility,
security, accuracy, condition or
completeness, or any implied
warranty arising from course of
dealing or usage or trade.
Unless specified in separate
terms and conditions related to
a particular product or service,
we make no warranty that the
Web Site or products or
services offered on the Web
Site whether by us or on our
behalf will meet your
requirements or will be
uninterrupted, timely, secure or
error-free, that defects will be
corrected, or that the Web
Site or the server that
makes it available or products
or services offered on the
Web Site whether by us or on
our behalf are free of viruses
or bugs or are fully functional,
accurate, or reliable. We will
not be responsible or liable to
you for any loss of content or
material as a result of
uploading to or downloading from
the Web Site.
Notwithstanding any other
provision in the Conditions,
nothing shall limit your rights
as a consumer under United
States law.
You acknowledge that we cannot
guarantee and therefore shall
not be in any way responsible
for the security or privacy of
the Web Site and any
information provided to or taken
from the Web Site by you.
We will not be liable in
contract, tort or otherwise if
you incur loss or damage
connecting to the Web Site
through a third party's
hyper-text link.
We will not be liable, in
contract, tort (including,
without limitation, negligence),
pre-contract or other
representations (other than
fraudulent misrepresentations)
or otherwise out of or in
connection with the Web Site
or products or services offered
on the Web Site whether
by us or on our behalf for:
-
any economic losses
(including without
limitation loss of revenues,
profits, contracts, business
or anticipated savings); or
-
any loss of goodwill or
reputation; or
-
any special or indirect or
consequential losses; in any
case whether or not such
losses were within the
contemplation of either of
us at the date on which the
event giving rise to the
loss occurred.
Nothing in the Conditions shall
exclude or limit our liability
for death or personal injury
resulting from our negligence or
that of our servants, agents or
employees.
SEVERANCE
If
any part of the Conditions shall
be deemed unlawful, void or for
any reason unenforceable, then
that provision shall be deemed
to be severable from these
Conditions and shall not affect
the validity and enforceability
of any of the remaining
provisions of the Conditions.
WAIVER
Nothing shall be construed as a
waiver by us of any preceding or
succeeding breach of any
provision.
SURVIVAL
Each provision of these
Conditions shall be construed as
separately applying and
surviving even if for any reason
one or other of those provisions
is held to be inapplicable or
unenforceable in any
circumstances.
ENTIRE AGREEMENT
These Conditions (as amended
from time to time) contain the
entire agreement between you and
us relating to the subject
matter covered and supersede any
previous agreements,
arrangements, undertakings or
proposals, written or oral,
between you and us in relation
to such matters. No oral
explanation or oral information
given by either of us shall
alter the interpretation of
these Conditions. You confirm
that, in agreeing to accept
these Conditions, you have not
relied on any representation
save insofar as the same has
expressly been made a
representation in these
Conditions and you agree that
you shall have no remedy in
respect of any misrepresentation
which has not become a term of
these Conditions save that your
agreement contained in this
Clause shall not apply in
respect of any fraudulent
misrepresentation whether or not
such has become a term of these
Conditions.
LAW
The Conditions will be
exclusively governed by and
construed in accordance with the
laws of United States whose
Courts will have exclusive
jurisdiction in any dispute,
save that we have the right, at
our sole discretion, to commence
and pursue proceedings in
alternative jurisdictions.
Designated
trademarks and brands are the
property of their respective
owners.
Use of this Web site constitutes
acceptance of the Terms &
Conditions and Privacy Policy.
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