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TERMS OF USE (c) Copyright 2003 Andrew Mealey All Rights Reserved Below is a bunch of legal stuff. You should read it, and know that you can trust us to be fair. We hope that you will always enjoy and bookmark our site, and share it with your friends and associates. Web-Site Legal Information, Licensing Agreements, Disclaimers, Warnings, Copyrights, Notices, and Privacy Policies. Web Site: All rights, title, interest, and property of this web site and this domain name is solely owned by Andrew Mealey, Also Know As [AKA] MarryPoetry.com. Carefully
Read the Following Legal Agreement Before Using this Website: The use of the above
named site constitutes an agreement by the user to assent to these terms of
use. If you
do not agree to these terms of use, then you must disconnect from and not use
the above Web Site. TERMS OF USE AGREEMENT Neither the Web Site nor any element thereof (Hereafter referred to as INFO), including without limitations, text, graphics, images, sounds, poetry, poems, charts, time lines, maps, information, processes, or other materials, may be copied, reproduced, repurposed, sold, sublicesesd, published, transfered, uploaded, posted, transmitted, given, gifted, redistributed, in any form whatsoever, except under the license provisions of Article II. Both Users and Purchasers of INFO from the Web Sites agree to these terms of this agreement.
A. Any INFO for sale, such as poetry, or any other type or form of download for pay, are licensed to you, one user, by Andrew Mealey for your personal use only (See Article II B. for Sound/Video Recordings, Framing, Printing, and Albums). You may not modify or prepare derivative works based upon the INFO downloaded from this Web Site, and you may not redistribute, sell, sublicense, publish, transfer, upload, copy, post, repurpose, or give this INFO to another person, machine, organization, or entity for resale or free distribution. Article III
All INFO for sale on this Web Sites are designed
to represent the opinion of the Author, Publisher, Editor, Teacher, or
Associate on the subject matter presented herein. It is sold with the
understanding that the publisher and the author are not rendering legal
advice or professional services, nor are they compelling any reader of this
INFO to take any action which may be or may become harmful to themselves or
others. If legal, financial, or other professional consultation is required,
the services of a competent professional should be sought. Article V PRICING: All prices are subject to change or
withdrawal without notice. These prices do not constitute an offer to sell.
All prices are based on standard domestic packaging and do not include
special packaging for overseas export or other special requirements. We
reserve the right to change prices from time to time. Orders will be invoiced
at prices in effect on date of receipt of order. Article VI SALES TERMS: All INFO is presold with payment by credit card. If the customer receives our download and their credit card refuses payment then we will contact the purchaser by email and ask for another means of payment for their delivered order. Past due accounts (any account over 30 days) may be assessed a 2% service charge monthly (24% annually). When an order is received from a customer whose account is past due, it will be necessary to hold the order and contact them before our merchandise can be shipped. We are not a bank. We will ship promptly and expect prompt payment. Returned checks (non-sufficient funds), C.O.D. refusal (other than obvious damaged merchandise), or a stop payment on a check will immediately suspend all account privileges, and future orders will be shipped on a cash in advance basis until further notice from our credit manager. We retain the right to refuse service to anyone, anytime, anywhere. Article VII SALES SHIPPING: All shipping charges of printed Poetry, Frames, and Albums are included in the purchase price and will be shipped by either Priority Mail or U.P.S. Notice to the carriers and claims with the carriers must be made promptly by customers.
CLAIMS: If you have received less merchandise
than expected, different merchandise than expected, or merchandise that is
inferior in any way (damaged in manufacturing process or wrong label)---please
double check your purchase order, invoice, and packing list---then call us
WITHIN 72 HOURS after receipt of merchandise. Under no circumstances will MarryPoetry.com
be liable for claims in excess of the value of the defective merchandise.
Please consult product warranty below for more specific remedies.
DISCOUNTS: From time to time discounts and other
sales incentives will be offered on new products and on existing merchandise.
Appropriate customers will be notified of these discounts in advance. Article X TAXES: Applicable taxes will be charged and paid by the buyer.
LIMITATION OF LIABILITY: This Web Site and their
INFO are provided on an "as is" basis and MARRYPOETRY.COM will not
accept any liability for claims for tort, for contract, for labor, loss of
profit, or other expenses incidental to repair, replacement, or disposal from
you or any other party. THE LIMITED WARRANTY OF MARRYPOETRY.COM IS EXPRESSLY
IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF
ALL OTHER LIABILITIES OR OBLIGATIONS ON MARRYPOETRY.COM'S PART, INCLUDING
LIABILITY FOR INCIDENTAL, INDIRECT, SPECIAL, RELIANCE, OR CONSEQUENTIAL
DAMAGES WITH RESPECT TO THE SALE OR USE OF THE PRODUCTS WARRANTED, INCLUDING
WITHOUT LIMITATION, ANY DAMAGES RELATING TO LOST DATA, COMPUTER FAILURE OR
MALFUNCTIONING, OR OTHERWISE, WHETHER OR NOT SUIT OR OTHER PROCEEDINGS BE
INSTITUTED, AND MARRYPOETRY.COM NEITHER ASSUMES NOR AUTHORIZES ANY
REPRESENTATIVE OF MARRYPOETRY.COM OR ANY OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE PRODUCTS. THIS LIMITED
WARRANTY MAY NOT BE VERBALLY CHANGED OR MODIFIED BY ANY REPRESENTATIVE OF MARRYPOETRY.COM.
SOME STATES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE FOREGOING MAY NOT APPLY TO YOU. THE
FOREGOING SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW. YOU AGREE TO THIS ALLOCATION OF RISK IN RELATION TO YOUR USE OF THIS WEB
SITE.
A.
This Web Site and their INFO are Hosted within the United States of
America, and MarryPoetry.com makes no representation that INFO are
appropriate or available for use in locations outside the U.S.
All disputes concerning the interpretation or
application of this Agreement which are not disposed of by mutual agreement
between the parties shall be decided by binding arbitration. Article XV In the event of one or more provisions of this
Agreement shall for any reason be held invalid, illegal, or unenforceable,
such invalidity, illegality, or unenforceability shall not affect any other
provisions of this Agreement.
This Agreement shall supersede, and replace any
prior agreement between User or purchaser of INFO and MarryPoetry.com. Any
prior Agreement between User or purchaser of INFO and MarryPoetry.com is
hereby declared null and void. Article XVI MarryPoetry.com may make changes to This Agreement at any time for any reason.
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