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Introduction
Welcome to TruffleZone.com. This site is provided as a service to our customers.
Please review the following basic rules that govern your use of our Site
(the "Agreement"). Please note that
your use of our Site constitutes your unconditional agreement to follow
and be bound by these Terms and Conditions. Although you may
"bookmark" a particular portion of this Site and thereby
bypass this Agreement, your use of this Site still binds you to the
Terms. TruffleZone.com reserves the right to update or modify these
Terms and Conditions at any time without prior notice. Your use of the TRUFFLEZONE.COM
Web site following any such change constitutes your
unconditional agreement to follow and be bound by the Terms and
Conditions as changed. For this reason, we encourage you to review these
Terms and Conditions whenever you use this Web 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 TRUFFLEZONE.COM, one of its affiliates or by third parties who have
licensed their materials to TRUFFLEZONE.COM 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 TRUFFLEZONE.COM and is also protected by U.S.
and international copyright laws.
© 2002 TruffleZone.com All Rights Reserved.
TruffleZone.com 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 Web site. Access to this Web
site does not confer and shall not be considered as conferring upon
anyone any license under any of TruffleZone.com's or any third party's
intellectual property rights.
The TRUFFLEZONE names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of TruffleZone. 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 website. Access to this website does not authorize
anyone to use any name, logo or mark in any manner.
References on this Web
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
TruffleZone.com's, endorsement, sponsorship or recommendation of the
third party, information, product or service. TruffleZone.com is not
responsible for the content of any third party sites and does not make
any representations regarding the content or accuracy of material on
such sites. If you decide to link to any such third party web sites, you
do so entirely at your own risk.
Use of
this Site
This Site and all its
Contents are intended solely for personal, non-commercial use. You may
download or copy the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title or interest in
any downloaded materials or software is transferred to you as a result
of any such downloading or copying. You may not reproduce (except as
noted above), 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 TRUFFLEZONE.COM
or its suppliers and protected by U.S. and
international copyright laws. The content and software on this site may
be used only as a shopping resource. Any other use, including the
reproduction, modification, distribution, transmission, republication,
display, or performance, of the content on 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 such
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. The Company 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 agree,
further, 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
Company on this Site and other than generally available third party web
browsers (e.g., Netscape Navigator, Microsoft Explorer).
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 Company to act with respect to a breach
of this Agreement by you or others does not constitute a waiver and
shall not limit Company's rights with respect to such breach or any
subsequent breaches. This Agreement shall be governed by and construed
under Oregon law as such law applies to agreements between Oregon
residents entered into and to be performed within Oregon. 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 Oregon.
User
Comments, Feedback, Postcards and Other Submissions
All comments,
feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to TRUFFLEZONE.COM 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 TRUFFLEZONE.COM's property. Such disclosure, submission or offer
of any Comments shall constitute an assignment to TRUFFLEZONE.COM of
all worldwide rights, titles and interests in all copyrights and other
intellectual properties in the Comments. Thus, TRUFFLEZONE.COM 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.
TRUFFLEZONE.COM is and shall be under no obligation (1) to maintain any
Comments in confidence; (2) to pay to user any compensation for any
Comments; or (3) to respond to any user Comments. You agree that no
Comments submitted by you to the Site will violate any right of any
third party, including copyright, trademark, privacy or other personal
or proprietary right(s). You further 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. We welcome your comments
regarding the TRUFFLEZONE.COM Web site. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications
(collectively, "Comments") submitted by you shall be and
remain the exclusive property of TRUFFLEZONE.COM. Your submission of
any such Comments shall constitute an assignment to TRUFFLEZONE.COM of
all worldwide rights, titles and interests in all copyrights and other
intellectual property rights in the Comments. TRUFFLEZONE.COM 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.
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
of any color will be accurate.
Indemnification
You agree to defend,
indemnify and hold TRUFFLEZONE.COM 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 TRUFFLEZONE.COM.
You may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. TRUFFLEZONE.COM also may
terminate this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in TRUFFLEZONE.COM'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 TRUFFLEZONE.COM, 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.
These terms are effective unless and until terminated by either you or TRUFFLEZONE.COM. You may terminate this Agreement at any time, provided
that you discontinue any further use of this Site. TRUFFLEZONE.COM also
may terminate this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the Site, if in TRUFFLEZONE.COM'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 TRUFFLEZONE.COM, 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.
Disclaimer
THIS SITE IS PROVIDED
BY TRUFFLEZONE.COM ON AN "AS IS" AND "AS AVAILABLE"
BASIS. TRUFFLEZONE.COM MAKES NO REPRESENTATIONS 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, TRUFFLEZONE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. WITHOUT LIMITING THE FOREGOING, TRUFFLEZONE.COM DISCLAIMS ANY
AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON
THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE TRUFFLEZONE.COM WEB
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 THIS
AGREEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation
of Liability
UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT,
STRICT LIABILITY OR OTHERWISE, SHALL TRUFFLEZONE.COM 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 TRUFFLEZONE.COM WEB
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 TRUFFLEZONE.COM
HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TRUFFLEZONE.COM 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.
Copyright © 2002 TruffleZone
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