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Grannies On Safari: Terms of Use

Introduction. Thank you for visiting the Grannies on Safari Web site (the "GOS Site"). We've set up some ground rules to ensure we can keep this area useful, fun, and safe for everyone. The Art Explorers, Inc., including its officers, directors, employees and agents ("TAEI") reserves the right to change these terms, conditions and disclaimers at any time, and you agree that each visit you make to the GOS Site shall be subject to the then current terms and conditions, which shall constitute a binding agreement between you and TAEI.

Communications. We encourage you to share your comments and questions with us and other users. We promise to read all the mail you send to us, but we may not be able to respond to all of them. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future TAEI or GOS programs. Also, please remember that you are responsible for whatever material you submit, and that you, and not TAEI, have full responsibility for the message, including its reliability, contents, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials and ideas submitted to us become the exclusive property of TAEI.

Other Web Sites. The GOS Site contains links to and frames of sites that are not maintained by TAEI. While we try to include only links to or frames of those sites which are in good taste and safe for our visitors, we are not responsible for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links and frames in the GOS Site does not imply TAEI's endorsement of the linked or framed sites or their content.

Disclaimer of Warranties. THE MATERIALS AND INFORMATION YOU FIND ON THE GOS SITE ARE PROVIDED "AS IS" AND, TO THE EXTENT PERMITTED BY LAW, TAEI GIVES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CONDITION, QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT IN RELATION TO INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE GOS SITE. WE DO NOT WARRANT THAT THIS SITE, ITS SERVICES, OR E-MAIL SENT FROM OUR LOCATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Operational Failures. To the extent permitted by law, TAEI further disclaims liability on behalf of itself and its agents and contractors (which agents and contractors are third party beneficiaries under these terms and conditions) for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether as a result of breach of contract, tortious behavior, negligence, or under any other cause of action.

Liability for Defamation. You specifically acknowledge that TAEI is not liable for your defamatory, offensive, infringing or illegal materials or conduct, or that of third parties, and TAEI reserves the right to remove such materials from the GOS Site without liability. You further agree to indemnify TAEI for all damages, costs or expenses TAEI suffers or incurs as a result of your defamatory, offensive, infringing or illegal materials or conduct.

Risk of Loss. All items purchased on the GOS Site are delivered pursuant to a shipment contract. As a result, when you order shipments of items from the GOS Site you are agreeing that ownership of and title to your purchased item, and the risk of loss during shipment, passes to you once the items are picked up by the carrier.

Product Descriptions. We try to be as accurate as possible; however, we do not warrant that product descriptions or other content of this site are accurate, complete, reliable, current or error-free. If a product offered by us is not as described, your sole remedy is to return it, consistent with our Returns Policy, in an unused condition for a refund, exchange or credit.

Copyrights and Trademarks. The contents of the GOS Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by TAEI and contain TAEI's name, logos, trademarks, service marks, and trade names. You may download one copy of these materials on any single computer and print a copy of the materials for your use in learning about, evaluating, or acquiring TAEI services or products. No other permission is granted to you, or anyone acting on your behalf, to print, copy, reproduce, distribute, transmit, transfer, upload, download, stream, store, display in public, alter or modify these materials or to make any commercial or derivative use of these materials. No permission is granted here to you to use, or permit others to use the TAEI icons, logos, graphics or other content, site address, trademarks and service marks, or other means to hyperlink other Internet sites with any page in the GOS Site. Although TAEI hereby grants to you a limited, revocable license to create a simple word link to our site, you may do so only so long as the link does not portray our site or the products or services in or referenced on our site in any misleading, derogatory or otherwise offensive manner. As a result, you may not use any content, logo or graphic from our site as a part of the link without express written permission. In all cases, TAEI assumes no responsibility for any other party's site hyperlinked to the GOS Site or in which any part of the GOS Site has been hyperlinked.

Disputes. Any disputes relating in any way to your visit to or use of the GOS Site or to products and services you purchase from the GOS Site may only be submitted for resolution to confidential and expeditious arbitration by a single arbitrator acceptable to TAEI in Cook County for the State of Illinois using the expedited commercial arbitration rules of the American Arbitration Association. However, you may not institute such arbitration unless the parties fail to amicably resolve the dispute during not less than 30 days of good-faith negotiations after you declare in writing that a “dispute” exists between us. In the event a dispute you declare is not resolved in said 30-day period of time, and if you wish to seek arbitration, you must, within 60 days after the end of the above-referenced unsuccessful 30-day period of negotiations, first seek mediation of the dispute administered by the American Arbitration Association in Chicago, Illinois. Any failure to timely seek mediation will cause a waiver of your right to seek arbitration and, you agree, waiver of your rights to prosecute the dispute in any forum or jurisdiction. If said mediation is unsuccessful, which mediation shall not be continued for a period exceeding 10 business days once it is commenced, arbitration hereunder may be instituted by either party. Subject to any reallocation by the arbitrator, the administrative costs and fees of arbitration shall be equally shared between you and TAEI. In no event may the arbitrator award attorneys fees or punitive damages under any such arbitration or mediation. To the extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any third party subject to this agreement. The arbitrator’s decision or award shall be binding and may be entered as a judgment and enforced by any court of competent jurisdiction. Notwithstanding any other provision of this agreement, TAEI (including its successors and assigns) may seek injunctive or other appropriate relief should you violate or threaten to violate TAEI’s intellectual property or confidentiality rights.

Applicable Law. TAEI may make improvements and/or changes in the products and/or programs described in the GOS Site, including the terms and conditions of your use of this site, without liability. Additionally and unless otherwise precluded by law, you agree that these terms and conditions, and any dispute arising hereunder, are governed by the laws of the State of Illinois, USA, and that any legal action you may wish to bring against TAEI, its officers, directors, employees and agents pursuant to these terms and conditions, may only be brought in a court of competent jurisdiction in the County of Cook for the State of Illinois, USA.

Worldwide Service. TAEI may provide services and programs in many parts of the world. The GOS Site may refer to certain services or programs that are not available worldwide without specifically mentioning the countries in which the services or programs are available. Such reference does not imply that TAEI intends to offer such service or programs in all countries or locations.

Registered Marks. The Grannies on Safari Logo, GRANNIES ON SAFARI, PAT AND REGINA'S AMAZING ADVENTURES, THE ART EXPLORERS, theartexplorers.com and granniesonsafari.com are registered and unregistered trademarks and service marks of The Art Explorers, Inc.

Terms of Use. These Terms of Use were last updated on November 6, 2006.

 

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