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User Agreement
Winnick's Cottage (www.winnickscottage.com) is offered to the user on the condition the user accepts without modification the terms, conditions and notices contained herein. BY ACCESSING AND USING WINNICKSCOTTAGE.COM, THE USER AGREES TO THE TERMS AND CONDITIONS DESCRIBED BELOW.
Winnick's Cottage contains material which is protected by copyright and trademark laws. Our site is for the user's personal, noncommercial use, and the user may not modify, copy, sell, distribute, transmit, display, perform, reproduce, publish or license any material from our site, including code or software.
All form submissions, emails, comments, suggestions, ideas, notes, drawings, concepts or information disclosed or offered to or in response to Winnick's Cottage through our website shall remain the property of Winnickscottage.com. By utilizing our website as a vehicle for communication, the user grants Winnickscottage.com a royalty free, perpetual, non-exclusive, unrestricted license to use any comments for any purpose, commercial or otherwise, without compensation to the author or provider of the comments.
Prohibited Uses
While using the site you agree not to (1) restrict or inhibit any other visitor or member from using the site, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of any of the site; (2) use the site for any unlawful purpose; (3) express or imply that any statements you make are endorsed by us, without our prior written consent; (4) transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); (5) engage in spamming or fo oding; (6) transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; (7) modify, adopt sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the site; (8) remove any copyright, trademark, or other proprietary rights notices contained in the site; (9) "Frame" or "mirror" any part of the site without our prior written authorization; (10) use any robot, spider, site search/retrieval application, or other manual or automatic device or process or retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the site or its contents; (11) harvest or collect information about site visitors or members without their express consent; or (12) permit anyone else whose access was terminated to use any of the site through your username or password.
Applicable Laws
The user must abide by all applicable federal, state or local laws, including, but not limited to, areas such as libel, slander, indecency, trade libel, product disparagement, harassment, invasion of privacy, obscenity, indecency, and copyright and trademark infringement.
Limitations of Liability
Use of Winnickscottage.com is at the discretion of the user. UNDER NO CIRCUMSTANCES SHALL WINNICKSCOTTAGE.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, WINNICKSCOTTAGE.COM'S MATERIALS, INCLUDING THOSE COMPRISING OUR WEBSITE. The user specifically acknowledges and agrees that Winnick's Cottage is not liable for any defamatory, offensive or illegal conduct of any user. If the user is dissatisfied with any of Winnickscottage.com's materials, or with any of the our terms and conditions, the user's sole and exclusive remedy is to discontinue using or visiting Winnickscottage.com.
Links
Pages within our website may contain links and pointers to other websites that are maintained by third parties and are not under the control of Winnickscottage.com. Accordingly, Winnick's Cottage makes no representation or endorsement concerning the content of any third party website, which the user shall use at his/her own discretion.
No Warranties
THIS SITE AND THE CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WINNICKSCOTTAGE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR FREEDOM FROM MALICIOUS PROGRAMS (SUCH AS VIRUSES, WORMS OR TROJAN HORSES) OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE OR ITS CONTENTS AND EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES. WINNICKSCOTTAGE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION CONTAINED IN THIS SITE IS ACCURATE, COMPLETE OR UP-TO-DATE, THAT THIS SITE IS FREE OF DEFECTS OR THAT ANY DEFECTS WILL BE REMEDIED. YOU AGREE, BY USING THIS SITE, THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL LOSS OF USE, LOSS OF DATA AND COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT AND/OR SOFTWARE THAT YOU USE IN CONNECTION WITH THIS SITE, AND THAT WINNICKSCOTTAGE.COM SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF, CAUSED BY OR RELATED TO YOUR USE OF THIS SITE. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SOME OR ALL OF THE FOREGOING DISCLAIMERS OF WARRANTY MAY NOT APPLY TO YOU.
Waiver of Responsibility
Winnick's Cottage disclaims responsibility for any errors or omissions, including technical inaccuracies or typographical errors. Furthermore, Winnick's Cottage cannot and does not guarantee or warrant that files made available for downloading will be free of viruses, infections or similar software contaminations which may render the software useless or cause damage or destruction to the user's hardware, software or system(s). Users are responsible for implementing sufficient procedures and protections against possible damage. Use of Winnickscottage.com and the Internet in general is at the user's own risk.
Miscellaneous
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in Philadelphia, Pennsylvania, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sub-licensable by you except with our prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreemen t is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us.
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