Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE
USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and
other applicable law. If you do not agree to these terms and
conditions, please do not use this site.
Copyright The
entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of
Copano Bay Company. The collective work includes works that are
licensed to Copano Bay Company. Copyright 2003, Copano Bay Company
ALL RIGHTS RESERVED. Permission is granted to electronically copy and
print hard copy portions of this site for the sole purpose of placing
an order with Copano Bay Company or purchasing Copano Bay Company
products. You may display and, subject to any expressly stated
restrictions or limitations relating to specific material, download or
print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with
Copano Bay Company or to purchase Copano Bay Company products. Any
other use, including but not limited to the reproduction, distribution,
display or transmission of the content of this site is strictly
prohibited, unless authorized by Copano Bay Company. You further agree
not to change or delete any proprietary notices from materials
downloaded from the site.
Trademarks All
trademarks, service marks and trade names of Copano Bay Company used
in the site are trademarks or registered trademarks of
Copano Bay Company
Warranty Disclaimer This
site and the materials and products on this site are provided "as is"
and without warranties of any kind, whether express or implied. To the
fullest extent permissible pursuant to applicable law,
Copano Bay Company disclaims all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement.
Copano Bay Company does not represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components.
Copano Bay Company does not make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of Liability Copano Bay Company
shall not be liable for any special or consequential damages that
result from the use of, or the inability to use, the materials on this
site or the performance of the products, even if Copano Bay Company
has been advised of the possibility of such damages. Applicable law may
not allow the limitation of exclusion of liability or incidental or
consequential damages, so the above limitation or exclusion may not
apply to you.
Typographical Errors In
the event that a Copano Bay Company product is mistakenly listed at an
incorrect price, Copano Bay Company reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price.
Copano Bay Company reserves the right to refuse or cancel any such
orders whether or not the order has been confirmed and your credit card
charged. If your credit card has already been charged for the purchase
and your order is cancelled, Copano Bay Company shall issue a credit
to your credit card account in the amount of the incorrect price.
Term; Termination These
terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by
Copano Bay Company without notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice Copano Bay Company
may deliver notice to you by means of e-mail, a general notice on the
site, or by other reliable method to the address you have provided to
Copano Bay Company.
Miscellaneous Your
use of this site shall be governed in all respects by the laws of the
state of Texas, U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international sale
of goods. You agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of Copano Bay Company
products) shall be in the state or federal courts located in Los
Angeles County, California. Any cause of action or claim you may have
with respect to the site (including but not limited to the purchase of
Copano Bay Company products) must be commenced within one (1) year
after the claim or cause of action arises. Copano Bay Company's
failure to insist upon or enforce strict performance of any provision
of these terms and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties
nor trade practice shall act to modify any of these terms and
conditions. Copano Bay Company may assign its rights and duties under
this Agreement to any party at any time without notice to you.
Use of Site Harassment
in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Copano Bay Company or other
licensed employee, host, or representative, as well as other members or
visitors on the site is prohibited. You may not upload to, distribute,
or otherwise publish through the site any content which is libelous,
defamatory, obscene, threatening, invasive of privacy or publicity
rights, abusive, illegal, or otherwise objectionable which may
constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law.
You may not upload commercial content on the site or use the site to
solicit others to join or become members of any other commercial online
service or other organization.
Participation Disclaimer Copano Bay Company
does not and cannot review all communications and materials posted to
or created by users accessing the site, and is not in any manner
responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and
distribute user-generated content on the site, Copano Bay Company is
merely acting as a passive conduit for such distribution and is not
undertaking any obligation or liability relating to any contents or
activities on the site. However, Copano Bay Company reserves the right
to block or remove communications or materials that it determines to be
(a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or
misleading, (c) in violation of a copyright, trademark or; other
intellectual property right of another or (d) offensive or otherwise
unacceptable to Copano Bay Company in its sole discretion.
Indemnification You
agree to indemnify, defend, and hold harmless Copano Bay Company, its
officers, directors, employees, agents, licensors and suppliers
(collectively the "Service Providers") from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of these terms and conditions or any
activity related to your account (including negligent or wrongful
conduct) by you or any other person accessing the site using your
Internet account.
Third-Party Links In
an attempt to provide increased value to our visitors,
Copano Bay Company may link to sites operated by third parties.
However, even if the third party is affiliated with
Copano Bay Company, Copano Bay Company has no control over these
linked sites, all of which have separate privacy and data collection
practices, independent of Copano Bay Company. These linked sites are
only for your convenience and therefore you access them at your own
risk. Nonetheless, Copano Bay Company seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any
feedback on not only its own site, but for sites it links to as well
(including if a specific link does not work).
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