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The
following terms and conditions ("Terms and
Conditions") govern your use
of this web site (the "Site"), and by accessing,
viewing, or using the material on the Site, you indicate that
you understand and intend these Terms and Conditions to be the
legal equivalent of a signed, written contract, and equally
binding, and that you accept such Terms and Conditions and
agree to be legally bound by them. If you do not agree with
the Terms and Conditions, you are not granted permission to
use the Site and should exit immediately.
1.
Proprietary Rights. All
material contained in this Site is protected by law, including
but not limited to, United States copyright law. Except as
indicated, the entire content (including images, text and look
and feel attributes) of WWW.ARTHBYS.COM is ╘ 1999
Arthby's. Corp. All rights reserved. Removing or altering the
copyright notice on any material on the Site is prohibited.
Arthby's Corp("Arthby's"). also owns a copyright in
this Site as a collective work and/or compilation, and in the
selection, coordination, arrangement, organization and
enhancement of such content. Any commercial use of this
content is prohibited without the prior written consent of
Arthby's Corp. All trademarks and logos are proprietary to
Arthby's Corp. Use or misuse of these trademarks is expressly
prohibited and may violate federal and state trademark law.
The reproductions of works of art herein displayed are not to
be duplicated for personal use, for distribution, nor for
sale. All rights reserved. Violators of these rights will be
prosecuted to the full extent of the law.
2.
Communications With Our Web Site.
Arthby's welcomes your feedback and suggestions about how to
improve our products and services and this Site. By
transmitting any suggestions, information, material, or other
content (collectively, "content") to Arthby's, you
automatically grant Arthby's the royalty-free, perpetual,
irrevocable, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, redistribute, transmit,
perform and display such content (in whole or part) worldwide
and/or to incorporate it in other works in any form, media, or
technology now known or later developed for the full term of
any rights that may exist in such content. Further, Arthby's
is free to use any ideas, concepts, know-how, techniques, and
suggestions contained in any communications you send to this
Site for any purpose whatever, including but not limited to
creating and marketing products and/or services using such
information.
3.
No Solicitation or Offer or Medical Services or Advice.
This Site is designed to provide general information about
Arthby's and its products and services. Information on the
Site is not intended to constitute an offer to sell or a
solicitation of any particular product or service. Some
products and/or services may not be available.
4.
No Legal Advice. Nothing
contained, expressed, or implied in this Site is intended as,
nor shall be construed or understood as, legal advice,
guidance, or interpretation. No attorney-client relationship
is established between Arthby's and you by reason of your use
of this Site or under any circumstances whatever. The
information in this Site if for general informational purposes
only. If you have questions about any law, statute,
regulation, or requirement expressly or implicitly referenced
in this Site, you should contact your own legal counsel.
5.
Confidentiality Cannot be Guaranteed.
Please be advised that the confidentiality of any
communication or material transmitted to Arthby's Corp. via
ARTHBYS.COM or Internet electronic mail cannot be guaranteed,
including personal information. To ensure private and
personalized attention, you may also contact Arthby's by
telephone at 215-673-3194, or write us at Arthby's Corp., P.O.
Box 51217. Philadelphia, PA 19116, or E-mail us arthbys@mailcity.com.
6.
Privacy Statement. Arthby's
has a Privacy Statement disclosing what information we collect
about visitors, how we use such information, the steps we take
to secure such information, how you can view and correct such
information, and how you can decline to have information about
you collected or used. Click here to view the
Privacy Statement, which is incorporated by reference, as
if set forth fully herein.
7.
Disclaimer of Warranty and Liability. USE
OF THIS SITE IS ENTIRELY AT YOUR OWN RISK. NEITHER ARTHBY'S
NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONSEQUENCES OF
RELIANCE ON ANY INFORMATION CONTAINED IN OR SUBMITTED TO THE
SITE, AND THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH YOU. THESE MATERIALS ARE PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. ARTHBY'S SHALL NOT BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST
PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR
INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL
THE TOTAL LIABILITY OF ARTHBY'S TO YOU EXCEED THE PRICE PAID
FOR USE OF THE SITE.
8.
Corrections and Changes. While
we endeavor to keep these materials up to date, Arthby's
cannot assume responsibility for any errors or omissions in
these materials. Arthby's further does not warrant the
accuracy or completeness of the information, text, graphics,
links or other items contained within these materials.
Arthby's may make changes to these materials, or to the
products or services described herein, at any time without
notice, and makes no commitment to update the information
contained herein. Arthby's reserves the right to terminate
your access to the Site in the event that you violate these
Terms and Conditions, or for any reason whatever.
9.
Indemnification. You agree to
defend, indemnify, and hold harmless Arthby's, its affiliates
and subsidiaries, and all of their respective directors,
officers, employees, representatives, proprietors, partners,
shareholders, servants, principals, agents, predecessors,
successors, assigns, and attorneys from and against any and
all claims, proceedings, damages, injuries, liabilities,
losses, costs, and expenses (including attorney's fees and
litigation expenses) relating to or arising from your use of
the Site and any breach by you of these Terms and Conditions.
10.
Links to Other Web Sites. This
Site may, from time to time, contain links to other Internet
web sites for the convenience of users in locating information
and services that may be of interest. These sites are
maintained by organizations over which Arthby's exercises no
control, and expressly disclaims any responsibility for the
content, the accuracy of the information and/or quality of
products or services provided by or advertised on these
third-party sites. Arthby's does not control, endorse,
promote, or have any affiliation with any other web site
unless expressly stated herein.
11.
Use of the Internet. Use of the
Internet is solely at your own risk and is subject to all
applicable state, national and international laws and
regulations. Neither Arthby's nor its affiliates will be
liable for any loss resulting from a cause over which they do
not have direct control, including but not limited to failure
of electronic or mechanical equipment or communication lines,
telephone or other interconnect problems, computer viruses,
unauthorized access, theft, operator errors, severe weather,
earthquakes, natural disasters, strikes or other labor
problems, wars, or governmental restrictions.
12.
Governing Law and Jurisdiction.
These Terms and Conditions will be governed by and construed
in accordance with the laws of the Commonwealth of
Pennsylvania, without reference to its choice of law rules. By
accessing, viewing, or using the material on the Site, you
consent to the jurisdiction of the federal and state courts
presiding in Philadelphia, Pennsylvania, and agree to accept
service of process by mail and hereby waive any and all
jurisdictional and venue defenses otherwise available. This
Site is controlled and operated by Arthby's from its offices
within the United States. Arthby's makes no representation
that materials in the Site appropriate or available for use in
other locations, and access to them from territories where
their contents are illegal is prohibited. Those who choose to
access this Site from other locations do so on their own
volition and are responsible for compliance with applicable
local laws.
These
Terms and Conditions constitute the entire agreement between
you and Arthby's Corp. with respect to your use of the Site.
You acknowledge that, in providing you access to and use of
the Site, Arthby's has relied on your agreement to be legally
bound by these Terms and Conditions. |