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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. Dailey Woodworking
reserves the right to update or modify these Terms and Conditions
at any time without prior notice. Your use of the Dailey Woodworking
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.
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 Dailey Woodworking
, one of its affiliates or by third parties who have licensed
their materials to Dailey Woodworking 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 Dailey Woodworking
and is also protected by U.S. and international copyright
laws.
© 2002 Dailey Woodworking, Inc. All
Rights Reserved.
Dailey Woodworking, Inc. 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 Dailey
Woodworking's or any third party's intellectual property rights.
The Dailey Woodworking name and logo and
all related product and service names, design marks and slogans
are the trademarks or service marks of Dailey Woodworking.
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 Dailey Woodworking's, endorsement, sponsorship or recommendation
of the third party, information, product or service. Dailey
Woodworking 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.
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. 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 Dailey Woodworking 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.
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,"
"mail bombing" 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).
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 Maine
law as such law applies to agreements between Maine residents
entered into and to be performed within Maine. 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 Maine.
All comments, feedback, postcards,
suggestions, ideas, and other submissions disclosed, submitted
or offered to Dailey Woodworking 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 Dailey Woodworking 's property. Such disclosure,
submission or offer of any Comments shall constitute an assignment
to Dailey Woodworking of all worldwide rights, titles and
interests in all copyrights and other intellectual properties
in the Comments. Thus, Dailey Woodworking 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.
Dailey Woodworking 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 Dailey Woodworking 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 Dailey Woodworking. Your submission of any such Comments
shall constitute an assignment to Dailey Woodworking of all
worldwide rights, titles and interests in all copyrights and
other intellectual property rights in the Comments. Dailey
Woodworking 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.
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.
You agree to defend, indemnify and
hold Dailey Woodworking 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.
These terms are effective unless and
until terminated by either you or Dailey Woodworking. You
may terminate this Agreement at any time, provided that you
discontinue any further use of this Site. Dailey Woodworking
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 Dailey Woodworking'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 Dailey
Woodworking, 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 Dailey Woodworking. You may terminate this
Agreement at any time, provided that you discontinue any further
use of this Site. Dailey Woodworking 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 Dailey
Woodworking'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 Dailey Woodworking, 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.
THIS SITE IS PROVIDED BY Dailey Woodworking
ON AN "AS IS" AND "AS AVAILABLE" BASIS.
Dailey Woodworking MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE
SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE Dailey Woodworking
WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
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.
UNDER NO CIRCUMSTANCES AND UNDER NO
LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT
LIABILITY OR OTHERWISE, SHALL Dailey Woodworking 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 Dailey Woodworking 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 Dailey Woodworking HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Dailey
Woodworking 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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