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The User Agreement for CarringtonCreations.com provides protection for
the Company and its Users so that the best web site possible can be
provided by promoting trust among all members of our online community.
THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH CARRINGTON
CREATIONS OFFERS YOU ACCESS TO OUR SERVICES AS A REGISTERED USER. BY
PRESSING THE 'I ACCEPT' BUTTON IN THE USER AGREEMENT SECTION OF THE
GUEST BOOK REGISTRATION FORM OR THE ORDER FORM, YOU ACCEPT THE TERMS AND
CONDITIONS BELOW.
Welcome to CarringtonCreations.com User Agreement. This Agreement
describes the terms and conditions applicable to your use of our
services at CarringtonCreations.com. By clicking
the 'I AGREE' button in the USER AGREEMENT section of the Carrington
Creations Guest Book Registration Form, Affiliate Program Registration
Form, and the Order Form, you accept the terms and conditions of this
Agreement as a participating user. If you do not accept these
terms and conditions and/or have questions regarding these conditions,
please contact us here.
Carrington Creations may amend this Agreement at any time by posting the
amended terms on the web site. The amended terms shall automatically be
effective 30 days after they are initially posted. This agreement was
revised on March 30, 2007.
- Eligibility for Membership - Our services are available only
to individuals who can form legally binding contracts under applicable
law. Without limiting the foregoing, our services are not available to
minors. If you do not qualify, please do not use our services.
Carrington Creations may refuse our service (such as, but not limited to
the Guest Book) to anyone at any time, in our sole discretion.
- System Integrity - You may not use any device,
software or routine to interfere or attempt to interfere with the proper
working of the CarringtonCreations.com site. You may not take any
action which imposes an unreasonable or disproportionately large load on
our infrastructure.
- Breach - We may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership
if you breach this Agreement or if we are unable to verify or
authenticate any information you provide to us.
- Privacy - Our then-current privacy policies,
available at http://www.CarringtonCreations.com/PrivacyPolicy.asp,
are incorporated herein by reference.
- No Warranty - WE PROVIDE THE CARRINGTONCREATIONS.COM
WEB SITE AND OUR SERVICES 'AS IS' AND WITHOUT ANY WARRANTY OR
CONDITION, EXPRESS OR IMPLIED. WE AND OUR SUPPLIERS SPECIFICALLY
DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the
disclaimer of implied warranties, so the foregoing disclaimer may not
apply to you. This warranty gives you specific legal rights and you may
also have other legal rights which vary from state to state.
- Limit of Liability - IN NO EVENT SHALL WE BE LIABLE
FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
(HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED
TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS
PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states
do not allow the limitation of liability, so the foregoing limitation
may not apply to you.
- General Compliance with Laws - You shall comply with
all applicable laws, statutes, ordinances and regulations regarding
your use of our service and your bidding on and purchase of items.
- Notices - Except as explicitly stated otherwise, any
notices shall be given by e-mail to this e-mail address (in
the case of Carrington Creations) or to the email address you provide to
Carrington Creations during the guest book registration process on
CarringtonCreations.com (in your case), or such other address as the
party shall specify. Notice shall be deemed given 24 hours after e-mail
is sent, unless the sending party is notified that the e-mail address is
invalid. Alternatively, we may give you notice by certified mail,
postage prepaid and return receipt requested, to the address provided to
Carrington Creations during the registration process. In such case,
notice shall be deemed given 3 days after the date of mailing.
- Arbitration - Any controversy or claim arising out
of or relating to this Agreement shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American
Arbitration Association. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
arbitration shall be conducted in Orange County, Florida, and judgment
on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or Carrington Creations may seek any
interim or preliminary relief from a court of competent jurisdiction in
Orange County, Florida necessary to protect the rights or property of
you or Carrington Creations pending the completion of arbitration.
- General - This Agreement shall be governed in all
respects by the laws of the State of Florida as such laws are applied to
agreements entered into and to be performed entirely within Florida
between Florida residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of our site may be
interfered with by numerous factors outside of our control. If any
provision of this Agreement is held to be invalid or unenforceable, such
provision shall be struck and the remaining provisions shall be
enforced. Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section. Our
failure to act with respect to a breach by you or others does not waive
our right to act with respect to subsequent or similar breaches. This
Agreement sets forth the entire understanding and agreement between us
with respect to the subject matter hereof.
- Disclosures - The services hereunder are offered by
Carrington Creations, located at 8474 Shady Glen Drive, Orlando, Florida
32819. If you are a Florida resident, you may have this same
information emailed to you by sending a letter to the foregoing address
with your email address and a request for this information.
The Florida Division of Consumer Services may be contacted in writing
at:
Florida Department of Agriculture and Consumer Services
Division of Consumer Services
407 South Calhoun Street, Mayo Building
Tallahassee, Florida 32399-0800
or by telephone at (800) 435-7352.
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