TERMS AND CONDITIONS OF WEBSITE ACCESS AND USE
This website (the "Site") is provided as a service to our
customers for your non-commercial use. Please review the following basic rules
that govern your use of our Site (the "Agreement"). Please note that
your use of our Site constitutes an unconditional agreement to follow and be
bound by these Terms and Conditions. Clover, LLC expressly reserves the right
to update or modify these Terms and Conditions at any time without prior
notice. Your use of the villagesofmillwood.com Site following any such change
constitutes your unconditional agreement to follow and be bound by the Terms
and Conditions as changed. Because of this, Clover, LLC requests that all users
review these Terms and Conditions whenever you visit the Site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, text,
illustrations, designs, icons, photographs, programs, video clips and written
and other materials that are part of this Site (collectively, the
"Contents") are copyrights, trademarks, trade dress and/or other
intellectual property owned, controlled or licensed by Clover, LLC and are
protected by U.S. and international copyright laws. The compilation (meaning
the collection, arrangement, and assembly) of all content on this Site is the
exclusive property of Clover, LLC and is also protected by U.S. and
international copyright laws.
© 2010 Clover, LLC All Rights Reserved.
Clover, LLC, and its suppliers and licensors expressly reserve all
intellectual property rights in all text, programs, products, processes,
technology, content and other materials which appear on this Site. Access to
this Site does not confer, and shall not be considered as conferring upon
anyone, any license under any of Clover, LLC's or any third party's
intellectual property rights.
The Clover, LLC names and logos and all related products and names, design
marks and slogans are trademarks or service marks of Clover, LLC All other
marks are the property of their respective companies. No trademark or service
mark license is granted in connection with the materials contained on this
Site. Access to this Site does not authorize anyone to use any name, logo or
mark in any manner.
References on this Site to any names, marks, products or services of third
parties or hypertext links to third party sites or information are provided
solely as a convenience to you and do not in any way constitute or imply Clover,
LLC's endorsement, sponsorship or recommendation of the third party,
information, product or service. Clover, LLC is not responsible for the content
or accuracy of material on any other websites. If you decide to link to any
third party websites via a hyperlink on the Site, you do so entirely at your
own risk and agree to hold Clover, LLC harmless from any damage you might
suffer by accessing or using the third party website.
USE OF THIS SITE
This Site and all its Contents are intended solely for personal,
non-commercial use. You may not reproduce, publish, transmit, distribute,
display, modify, create derivative works from, sell or participate in any sale
of or exploit in any way, in whole or in part, any of the Contents, the Site or
any related software. All software used on this Site is the property of Clover,
LLC or its suppliers and protected by U.S. and international copyright laws.
Any unauthorized usage, including, without limitation, the reproduction,
modification, distribution, transmission, republication, display, or performance,
of the content of this Site is strictly prohibited.
SITE SECURITY
Users are prohibited from violating or attempting to violate the security
of the Site, including, without limitation, (a) accessing data not intended for
the user or logging onto a server or an account which the user is not
authorized to access; (b) attempting to probe, scan or test the vulnerability
of a system or network or to breach security or authentication measures without
proper authorization; (c) attempting to interfere with service to any user,
host or network, including, without limitation, via means of submitting a virus
to the Site, overloading, "flooding," "spamming,"
"mailbombing," or "crashing;" (d) sending unsolicited
email, including promotions and/or advertising of products or services; or (e)
forging any TCP/IP packet header or any part of the header information in any
email or newsgroup posting.
Violations of system or network security may result in civil or criminal
liability. Clover, LLC will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting users who are involved in such violations. You agree not to use any
device, software or routine to interfere or attempt to interfere with the
proper working of this Site or any activity being conducted on this Site. You
further agree not to use or attempt to use any engine, software, tool, agent or
other device or mechanism (including without limitation browsers, spiders,
robots, avatars, or intelligent agents) to navigate or search this Site other
than the search engine and search agents available from Clover, LLC on this
Site and other than generally available third party web browsers (e.g. Firefox,
Microsoft Explorer).
LINKING
You may provide hyperlinks to the Site from other websites only if you
satisfy the following requirements:
1. You
agree to immediately disable and discontinue any hyperlinks to the Site if
requested to do so by Clover, LLC whether orally or in written or electronic
form.
2. You
do not remove or otherwise obscure any content on the Site including, without
limitation, any copyright notices, advertisements, or any other notices or
identifiable information by any method including, without limitation,
"framing."
3. You agree that the failure to comply with these
requirements constitutes an improper and unlawful accessing of the Site which
is likely to cause damage to the efficiency and operation of the Site.
GENERAL
This Agreement represents the complete agreement between the parties and
supersedes all prior agreements and representations between them. If any
provision of this Agreement is held to be unenforceable for any reason, such
provision shall be reformed only to the extent necessary to make it enforceable
and the other terms of this Agreement shall remain in full force and effect.
The failure of Clover, LLC to act with respect to a breach of this Agreement by
you or others does not constitute a waiver and shall not limit Clover, LLC's
rights with respect to such breach or any subsequent breaches. This Agreement
shall be governed by and construed under Delaware law. Any action or proceeding
arising out of or related to this Agreement or your use of this Site must be
brought in the state or federal courts of Delaware. The prevailing party under
any such suit shall be entitled to an award of reasonable costs and attorneys
fees.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to Clover, LLC on or by this Site
or otherwise disclosed, submitted or offered in connection with your use of
this Site (collectively, the "Comments") shall be and remain Clover,
LLC's property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to Clover, LLC of all worldwide rights, titles and
interests in all copyrights and other intellectual properties in the Comments.
Thus, Clover, LLC will own exclusively all such rights, titles and interests
and shall not be limited in any way in its use, commercial or otherwise, of any
Comments.
Clover, LLC is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for Comments; or
(3) to respond to any user Comments. You agree that no Comments submitted by
you to the Site will be or contain libelous or otherwise unlawful, abusive or
obscene material. You are and shall remain solely responsible for the content
of any Comments you make.
Clover, LLC will be entitled to use, reproduce, disclose, publish and
distribute any material you submit for any purpose whatsoever, without
restriction and without compensating you in any way. For this reason, we ask
that you not send us any comments that you do not wish to assign to us,
including any confidential information or any original creative materials such
as stories, product ideas, computer code or original artwork.
INDEMNIFICATION
You agree to defend, indemnify and hold Clover, LLC harmless from and
against any and all claims, damages, costs and expenses, including attorneys'
fees, arising from or related to your use of the Site.
TERMINATION
These terms are effective unless and until terminated by either you or Clover,
LLC You may terminate this Agreement at any time, provided that you discontinue
any further use of this Site. Clover, LLC also may terminate this Agreement at
anytime and may do so immediately without notice, and accordingly deny you
access to the Site, if in Clover, LLC's sole discretion you fail to comply with
any term or provision of this Agreement. Upon any termination of the Agreement
by either you or Clover, LLC, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of use or otherwise.
COLORS
We have made every effort to display as accurately as possible the colors
of our products that appear on the Site. However, as the actual colors you see
will depend on your monitor, we cannot guarantee that your monitor's display
will be accurate.
DISCLAIMER
THIS SITE IS PROVIDED BY Clover, LLC ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Clover, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION,
CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT
PERMISSIBLE BY APPLICABLE LAW, Clover, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Clover,
LLC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE
OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Clover, LLC SITE,
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY
TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING
LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL Clover, LLC OR ANY OF ITS
EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU
OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF
OR INABILITY TO USE THE Clover, LLC SITE, INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE,
ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED
REPRESENTATIVE OF Clover, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Clover, LLC BE LIABLE FOR ANY
DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE
SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
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