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Conditions
Amended
March 12, 2010
Welcome to MillCrafters.com The
following describes the conditions
in which Mill Crafters and its
affiliates, hereinafter called "site
or sites" "Mill Crafters"
"MC"" "we" and "our" offers you
access to our services.
1. By using the services on the
site, users/visitors (hereinafter
referred to as "you" or "your")
agree, to the following terms and
conditions and the general
principles of the site; regarding
your use of it, and do declare and
confirm that you are at least 18
years of age, and capable of
entering into a binding agreement,
and that you have or will enter
accurate information. If for any
reason you do not agree with these
terms and conditions, and those of
our privacy policy, do not use or
access this site.
You agree not to use this site,
until you have read, understood,
accepted, and agreed to all of the
terms and conditions contained in
this user agreement, and
privacy policy,
which includes those set out below,
and included by hyperlink, or
reference. Reading this
agreement, and accessing and reading
policies stated on individual pages
of this site, as well as other terms
of use as specified on the
individual pages, comprise the total
agreement, and are a part thereof.
2.
Fair
Trade Practices
Visitors and users of this site
agree to not use this site to
promote, or advertise any other
service, product, or other web site,
without our prior written consent.
This site is provided to those who
wish to purchase services, or
products, and we reserve the right
to discontinue or block use of
anyone who does not comply with
these regulations, or uses this site
in any manner that we consider
inappropriate. You agree to not
charge for any information you
provide on this site.
3.
Privacy
Please review our
privacy policy available at
MillCrafters.com/privacypolicy.htm
to understand our practices.
4.Communications
When you send emails,
phone, fax, text message, or any
other form of communication, you are
providing information to us, and
consent for us to contact you as
well. In addition in the normal
course of business, we
may also contact you, and you agree
to receive communications from us even though you may be on a
local, state, or federal "Do Not
Call" list. By using or contacting
this site, you agree that you are
entering into a business
relationship with us, and consent to
receive communications from us
regarding the normal course of our
business, within reason as well as
marketing emails. You hereby agree
that all agreements, disclosures,
notices, and other forms of
communications that we provide to
you electronically, satisfy any
legal requirement that such
communication be in writing.
5.Using Information from Mill Crafters
By
using the services at
MillCrafters.com and affiliated
pages of our site, you understand
and agree that you may copy
information for your personal use,
but that you will not use such
information for commercial purposes
or advertising. You agree to not
commercially exploit any information
provided by this site. You agree to
not reproduce, publish, transmit, or
distribute information derived from
this site, or from using our
services without the express written
consent of the copyright owner, and
that includes faxing, transmitting,
posting on any forum/bulletin board,
storage accessible to persons other
than yourself, or making the
information available
electronically, or in any other
form. You agree that our
professional profiles, feedback,
reviews, screening information,
(including any content posted by
you) is the sole and exclusive
property of this site. You
acknowledge and understand that a
violation of those principles could
result in damages, and you agree to
indemnify this site against those
damages, in the event that any third
party holds this site liable for any
damages as a result of your
violation of these terms.
6.Infringement
By using this web
site, users and visitors agree to
not transmit, or publish any
information that could be
considered, illegal, inflammatory,
abusive, dishonest, or in any way
affects the environment in a
negative way of this web site. We
reserve the right to discontinue
access to anyone who infringes on
the rights of others, or violates
these terms or policies in any way.
7.Payment and Refunds
Please refer to our
return policy on our
terms and conditions page section on
payments and refunds.
8.Pricing
The list price displayed for
products on the site, represents the
full retail price of the product
itself, either suggested by the
manufacturer, supplier, or estimated
in accordance with standard industry
practice, or the estimated retail
value for a comparably featured item
offered elsewhere. The list price is
a comparative price estimate, and
may or may not represent the
prevailing price in every area on
any particular day.
9.Errors and Omissions
In spite of our best efforts to
provide accurate and useful
information, it is possible that
errors may appear from time to time.
Mill Crafters or its affiliates does
not warrant that product
descriptions, or other content is
accurate, complete, reliable, or
error free. If a product as listed
by Mill Crafters is not as
described, your sole remedy it to
return it in unused condition.
10.Registration
In
consideration of your use of this
sites services, you represent that
you are of a legal age to form a
binding contract, and are not a
person barred from receiving, or
engaging in services under the laws
of the country of the United States,
or other jurisdictions. You hereby
agree to provide true, accurate,
current, and complete information
about yourself, and maintain, and
promptly update the registration
applications data to keep it true,
accurate, current, and complete. You
are certifying that the information
that you provide is accurate,
current, and truthful. This site
reserves the right to refuse to
continue service to anyone who in
the sole discretion of this site is
providing, false, or misleading
information.
11.
Links, Referrals, and other
businesses
As a courtesy, we provide links to
web sites. Although we encourage you
to visit these web sites, we can not
assure the quality, pricing,
guarantees, or reliability provided
by these sites. You agree to release
this site from any claims or damages
that may arise out of using these
third party services.
For the convenience of our users, we
also provide links to websites
operated by sponsors or agencies. We
are not responsible, or liable for
any information posted on those
sites, or any coupon, or
sweepstakes, lotteries that may
appear on them. You agree to release
this site, and its affiliates or
assigns, from any claims, or damages
you may incur as a result of using
them. You should carefully review
their privacy policies, and
conditions of use.
12.Release
If
you have a dispute with one or more
of our affiliates, users, employees,
service providers, and or consumers,
you release us (and our officers,
directors, agents, subsidiaries,
joint ventures and employees) from
claims, demands, suits and damages
(actual and consequential) of every
kind and nature, known and unknown,
disclosed and undisclosed, arising
out of or in any way connected with
such disputes.
YOU HEREBY
AGREE TO SETTLE ANY DISPUTES BETWEEN
THIRD PARTIES, SERVICE
PROFESSIONALS, AND OR CONSUMER
DIRECTLY. In the event a user or
visitor resides in a state where a
general release prior to the event
is not binding, they shall agree to
waive their right to such protection
under such civil codes, statutes, or
regulatory ordinances, except in
those cases where such release from
such regulations is against the law.
California residents agree to waive
California Civil Code
§1542
which states, "A
general release does not extend to
claims which the creditor does not
know or suspect to exist in his
favor at the time of executing the
release, which if known by him must
have materially affected his
settlement with the debtor."
The specifications listed by our
affiliates and service providers
came directly from the listing party
or owner of the business, and
although this site may attempt to
qualify a service provider, this
site made no independent evaluation
of the specifications as provided,
or their correctness, whereas we are
dependent upon third party providers
of the same, therefore this site
does not assume any liability for
the accuracy of the specifications.
This site strongly suggests anyone
using the affiliates or service
providers, to independently verify
all information with the owner, and
independently inspect the
reputation, and ability of the
service provider themselves, in
order to confirm their
specifications as provided, or their
competency.
13.DISCLAIMER OF WARRANTIES AND
LIMITATION OF LIABILITY
THIS SITE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. OUR
EMPLOYEES, SUPPLIERS, DIRECTORS,
AGENTS, OWNERS, OR REPRESENTATIVES
PROVIDE OUR SERVICES AND WEB SITE
WITHOUT ANY GUARANTEES EITHER
EXPRESSED OR IMPLIED, AND USERS AND
VISITORS AGREE TO USE THIS SITE
STRICTLY AS IS WITHOUT ANY
ASSUMPTION OF CONDITION OR
RELIABILITY; ADDITIONALLY THIS SITE,
OUR EMPLOYEES, SUPPLIERS, DIRECTORS,
AGENTS, OWNERS, OR REPRESENTATIVES
DISCLAIM ANY WARRANTIES OF TITLE, OR
MERCHANTABILITY FOR A SPECIFIC
PURPOSE. This disclaimer may not
apply to you if you reside in a
state that does not allow the
disclaimer of warranties. In
addition to the specified legal
rights in this warranty, you may
also have legal rights that vary
from state to state.
By using this web
site, you do hereby agree to do so
at your sole risk, and assume any
risks that are as a result of using
our services, or general use of our
site. It is understood and agreed
that their may be delays, service
interruptions, omissions, incomplete
or inaccurate information, viruses,
or other harmful computer
destructive impairments, loss of
revenue, profits, or data, and this
site will not be responsible, or
held responsible for losses or
liabilities connected with such
problems, and user or visitor agrees
to hold this site harmless from any
and all claims of any kind arising
out of such damages or losses, and
any other losses that may arise out
of use of this site, or any site
that may be linked to or referred by
this site.
TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, THIS SITE, IN NO WAY
SHALL BE LIABLE TO YOU OR ANY ONE
ELSE, FOR LOST PROFITS, OR ANY
SPECIAL, INCIDENTAL CONSEQUENTIAL,
OR COMMERCIAL DAMAGES ARISING OUT
OF, OR IN CONNECTION WITH THIS SITE,
WEB LINKS, OR THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION TO
CONSEQUENTIAL, INCIDENTAL, PUNITIVE,
EXEMPLARY, SPECIAL, DIRECT OR
INDIRECT DAMAGES OF ANY KIND, EVEN
IF ARISING OUT OF NEGLIGENCE ON OUR
PART, INCLUDING WITHOUT LIMITATION
THE BREACH OF THIS AGREEMENT, OR
TERMINATION OF THIS AGREEMENT,
WHETHER SUCH LIABILITY IS ASSERTED
ON THE BASIS OF CONTRACT, TORT
(INCLUDING NEGLIGENCE OR STRICT
LIABILITY), OR OTHERWISE, EVEN IF
THIS SITE HAS BEEN WARNED OF SUCH
LIABILITY. THIS SITES LIABILITY AND
THE LIABILITY OF OUR EMPLOYEES,
SUPPLIERS, DIRECTORS, AGENTS,
OWNERS, ASSIGNS, OR REPRESENTATIVES
SHALL BE LIMITED TO AND NOT EXCEED
THE AMOUNT YOU PAID, IF ANY, FOR USE
OF THIS SITE, OF WHICH THE LIABILITY
ARISES. In the event that you reside
in a state that does not allow the
limitation of liability or
disclaimers, for consequential or
incidental damages, all or part of
these disclaimers may not apply to
you, only restricting those sections
not enforceable by law, and all
other tenets and terms, and
conditions shall remain in full
force and effect.
14.Permissions, Copyrights, and
Ownership This site is made
available for non commercial uses.
All information submitted to this
site, shall be considered the
property of this site, and may not
be reproduced, in whole or in part,
and are subject to the US Copyright
laws, other copyright laws, and
international laws. Users and
Visitors do hereby agree to not
copy, distribute, transmit, display,
reproduce, modify, create derivative
works from, or otherwise, use, or
exploit information found on this
site. Notwithstanding you may print
or copy one page from this site, for
your personal, and not for
commercial use. You may not
reproduce or distribute any material
or information found on this site,
without prior written permission
from this site. You may post a link
to this site, on your site, as long
as it does not imply an endorsement
of your company or site by this site
or any of its affiliates. However
you may not frame any of the content
found on this site without prior
written permission from this site.
15.
Severability
In the event that any part of this
agreement should be found by a court
to be invalid, illegal, or
unenforceable in any way, the
validity, legality, and
enforceability of the remaining
provisions, contained herein, and in
the privacy agreement, that
condition shall be deemed severable
and shall not affect the validity
and enforceability of any remaining
conditions.
16.
Jurisdiction and Arbitration
There terms of use, privacy policy,
and agreement, has been made in, and
will be considered in accordance
with the laws of the Commonwealth of
Pennsylvania. By using this website
you consent to the exclusive
jurisdiction and venue of the State
and Federal Courts in Media,
Pennsylvania in all disputes arising
out of, or in any way relating to
this agreement, or use of this web
site. Unless prohibited by law, any
dispute, claims, or causes of
action, in law or equity, arising
from, or relating to this agreement,
or by using this site, or by using
our services shall be resolved
solely and exclusively by
confidential final and binding
arbitration in Media Pennsylvania,
excepting that to the extent that
you have in any manner violated or
threatened to violate this sites
intellectual property rights, This
site may seek injunctive or other
appropriate relief in any state or
federal court including in the State
of Pennsylvania, and you consent to
exclusive jurisdiction and venue in
such courts. Furthermore,
arbitration under this agreement
shall be conducted under the rules,
then prevailing of the American
Arbitration Association. The
arbitrator’s award shall be binding,
and as well may be entered as a
judgment in any court of competent
jurisdiction. No arbitration under
this agreement, to the fullest
extent allowed by applicable law,
shall be joined to an arbitration
involving any other party subject to
this agreement, whether through
class arbitration proceedings or
otherwise.
17.
Termination of Account
You may
cancel your participation of the
HandyBids services at any time, and
for any reason whatsoever by faxing
a cancellation letter to us at
610.544.8414 pause, then #22. Using
any other form of communication
other than faxing may result in a
delay in cancelling your account.
This site reserves the right to
immediately cancel your account at
any time, and for any reason in this
sites sole discretion is worthy of
cancellation. However a cancellation
of your account by either party does
not cancel your obligations to pay
any and all fees and charges, that
are a result of using the Mill
Crafters
service, prior to the termination.
18.Changes and Amendments
This site may
amend the terms and conditions of
this agreement at any time by
posting them here on this site,
without notice to you.
Your continued use of this site,
constitutes your agreement to be
bound by the amended terms.
Otherwise, this agreement may not be
amended, unless reduced to writing
and signed by both you and this
site. Different states have
differing regulations pertaining to
commerce, and what an individual or
business is allowed to do. This site
reserves the right to restrict
access, modify, change, discontinue
use of, and cancel or discontinue
this site, any service, or any
portion thereof at any time. If
legal authority intervenes and
imposes on this site to cease and
desist activities, or any portion of
activities, this site reserves the
right to discontinue those services,
at any time after such demand is
made, and you agree to not hold this
site liable for any refunds or
reimbursement for any balances, for
any services, or terms not
completed.
19.Remedies
In
the event a dispute arises between
this site, and you, in regard to our
services, you may report it to
customer support by clicking on
"Contact Us" on our index or home
pages at
www.MillCrafters.com.
If a dispute arises
between users of this site, we are
willing to help resolve the dispute,
although we are not assuming
responsibility of the same, nor does
any limited assistance on our part
nullify the release and
indemnification described in these
terms and conditions, and we reserve
the right to discontinue our
involvement. This
site is interested in any
information that materially affects
the safety, legality, or competency
of anyone using this site.
We hope to provide the users of our
site, with a safe and enjoyable
experience. Thank you for giving us
the opportunity to be of service to
you.
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