WEB SITE USER
Agreement between User and Lotus Pond Press
This Web site is offered to you by Lotus Pond Marketing Inc., 1979
Kalanianaole Ave., Hilo, HI 96720 (referred to as the "Company") on the
condition that you accept the terms, conditions, and notices contained
on this page and on other pages of this Web site. YOU AGREE TO READ
THESE TERMS, CONDITIONS AND NOTICES CAREFULLY BEFORE USING THIS
COMPANY'S WEB SITE. YOU MAY NOT ACCESS OR USE THIS WEB SITE UNLESS YOU
AGREE TO THEM. By using this Web site, you acknowledge that you have
read the terms, conditions and notices in this Agreement and you agree
to accept them. The Company reserves the right to change the terms,
conditions and notices under which this Web site is offered at any time
in its sole discretion.
and Non-commercial Use
This Web site is for your personal, non-commercial use. You may
download and copy information on this Web site for your own personal
use as long as you maintain all copyright and other notices contained
in the content. You may not download, copy, reproduce, modify,
distribute, publish, transmit, transfer, sell, license, display,
perform or adapt any information, products or services obtained from
this Web site.
and Prohibited Use
You warrant to the Company that you will not use this Web site for any
purpose that is unlawful or prohibited by the terms, conditions or
notices in this Agreement and on this Web site.
The Company may, in its sole discretion, deny any user access to this
Web site or any portion of the site without notice.
You agree to indemnify and hold the Company harmless from any and all
claims, losses, damages, liabilities, costs and expenses (including
reasonable attorney's fees) which arise out of, are connected with or
directly relate to your wrongful or unlawful use of this Web site or
any breach of any representation or warranty made by you in this
The Company may monitor your use of this Web site. It may use and
disclose any information and material received from you, or collected
through your use of the site, for any lawful reason or purpose.
By posting messages or engaging in other communication to the Company
Web site, you grant to the Company a perpetual, worldwide, irrevocable,
non-exclusive, royalty-free license to use, download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license,
display, perform, adapt and otherwise exploit such communication in all
media now known or hereafter devised. You waive all rights to any claim
against the Company for any alleged or actual infringement of any
proprietary, privacy, publicity, moral or attribution rights in
connection with such communication.
to Other Web Sites
This Web site may contain links to Web sites operated by parties other
than the Company. The links are provided for your convenience only. The
Company does not control the Web sites and is not responsible for the
content on such Web sites. By offering links, the Company is not
implying that it endorses anything contained on such Web sites or has
any association with the operators of the Web sites.
Information or advice received from this Web site should not be relied
upon for personal, medical, legal or financial decisions. You should
consult an appropriate professional for specific advice tailored to
your situation. The Company is an independent distributor for Clarus
Products International and EarthCalm Inc., and not an employee, agent,
partner, legal representative, or franchisee of said suppliers. The
Company offers a 90-day money back guarantee for the products sold
through this website. Q-Link products also have a one-year warranty
offered in accordance with Clarus Products International's own policy.
Any person or entity who wants to make use of this guarantee must
return the product or products they purchased directly to Lotus Pond
Marketing Inc.. ASIDE FROM THE STATED GUARANTEE & WARRANTY, THE
COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE
RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION,
PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE. ALL INFORMATION,
PRODUCTS AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND
OTHER THAN WHEN IT IS DIRECTLY STATED. THE COMPANY AND ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE
INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES
AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY OR ITS
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER. WITHOUT
LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS SHALL
NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS
OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS WEB
SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY
INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE. THE
COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE
DISSATISFIED WITH ANY PORTION OF THIS WEB SITE OR WITH ANY OF THESE
THIS WEB SITE.
You acknowledge and agree that communications and transmission to and
from the Company Web site are not confidential. There is no
confidential, fiduciary, contractually implied or other relationship
created between you and the Company other than as stated in this
Agreement. You agree that no joint venture, partnership, employment or
agency relationship exists between you and the Company as a result of
this Agreement or use of this Web site.
This Agreement is governed by the laws of the United States and of the
State of Hawaii. You consent to the exclusive jurisdiction and venue of
courts in Hawaii County, Hawaii U.S.A. in all disputes arising out of,
or relating to, use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give effect to all
provisions of the terms, conditions and notices of this Web site and
this Agreement, including this paragraph. In the event any provision of
this Agreement is determined to be invalid, illegal or otherwise
unenforceable, such provision shall be deemed to have been deleted from
this Agreement. The remainder of this Agreement shall remain in full
force and effect according to its terms. This Agreement contains the
entire understanding and agreement of the parties with respect to the
use of this Web site. It supersedes all prior oral or written
understandings and agreements relating to use of this Web site.
Company's waiver of any provision of this Agreement shall not be deemed
to waive it for the future.
and Trademark Notices:
All contents of this Web site are Copyright © 2004-
Pond Marketing Inc.. All rights reserved.
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