Geraniumcottage.com Web Site (the "Site") is an online information
service provided by Geranium Cottage ("Geraniumcottage.com "),
subject to your compliance with the terms and conditions set forth below.
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY
ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS,
YOU MAY NOT ACCESS OR USE THE SITE. Geraniumcottage.com MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY
UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE
AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED
ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE
1. Copyright, Licenses and Idea Submissions.
contents of the Site are protected by international copyright and trademark
laws. The owner of the copyrights and trademarks are Geraniumcottage.com, its
affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL
ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and
download portions of material from the different areas of the Site solely for
your own non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
Geraniumcottage.com a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sub-license, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas contained therein
for new or improved products and services) you submit to any public areas of
the Site (such as bulletin boards, forums and newsgroups) or by e-mail to
Geraniumcottage.com by all means and in any media now known or hereafter
developed. You also grant to Geraniumcottage.com the right to use your name in
connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against Geraniumcottage.com
for any alleged or actual infringement or misappropriation of any proprietary
right in your communications to Geraniumcottage.com.
TrafficServer 1.01 TRADEMARKS.
products, content or services referenced herein or on the Site are the
exclusive trademarks or servicemarks of Geraniumcottage.com. Other product and
company names mentioned in the Site may be the trademarks of their respective
2. Use of the Site.
that, except for information, products or services clearly identified as being
supplied by Geraniumcottage.com, Geraniumcottage.comdoes not operate, control
or endorse any information, products or services on the Internet in any way.
Except for Geraniumcottage.com- identified information, products or services,
all information, products and services offered through the Site or on the
Internet generally are offered by third parties, that are not affiliated with
Geraniumcottage.com a. You also understand that Geraniumcottage.com cannot and
does not guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET.
Geraniumcottage.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS"
AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR
ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR
NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
Geraniumcottage.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR
RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL
OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. Geraniumcottage.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME
OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH
MATERIALS IS AT YOUR RISK. Geraniumcottage.com HAS NO CONTROL OVER AND ACCEPTS
NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
IN NO EVENT WILL
Geraniumcottage.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY
DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Geraniumcottage.com OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, Geraniumcottage.com LIABILITY IS LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
Geraniumcottage.com makes no representations whatsoever about any other
web site which you may access through this one or which may link to this Site.
When you access a non-Geraniumcottage.com web site, please understand that it
is independent from Geraniumcottage.com, and that Geraniumcottage.com has no
control over the content on that web site. In addition, a link to a
Geraniumcottage.com web site does not mean that Geraniumcottage.com endorses or
accepts any responsibility for the content, or the use, of such web site.
You agree to
indemnify, defend and hold harmless Geraniumcottage.com, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs, including reasonable attorneys' fees, resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
4. Third Party Rights.
The provisions of
paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit
of Geraniumcottage.com and its officers, directors, employees, agents,
licensors, suppliers, and any third party information providers to the Service.
Each of these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
This Agreement may
be terminated by either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6
(Miscellaneous) shall survive any termination of this Agreement.
shall all be governed and construed in accordance with the laws of Australia
applicable to agreements made and to be performed in Australia. You agree that
any legal action or proceeding between Geraniumcottage.com and you for any
purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction
sitting in Australia . Any cause of action or claim you may have with respect
to the Service must be commenced within one (1) year after the claim or cause
of action arises or such claim or cause of action is barred.
Geraniumcottage.com's failure to insist upon or enforce strict performance of
any provision of this Agreement 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 provision of this Agreement.
Geraniumcottage.com may assign its rights and duties under this Agreement to
any party at any time without notice to you.
Any rights not expressly granted herein are reserved.