- Proprietary Rights
As between any user and the Fairbury Flag Lady, the Fairbury Flag Lady owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in or made available through the Site (“Site Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Material. All Site Material is protected pursuant to United States copyright, trademark, patent and other applicable laws. You may print and download portions of material from the different areas of the Site solely for your own internal use, provided you do not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and the Fairbury Flag Lady, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to the Fairbury Flag Lady or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site or the trademarks, other than the right to use the Site in accordance with these Terms.
- Unauthorized Activities
You agree that you will not use the Site for: (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Site or for modifying another website so as to falsely imply that it is associated with the Fairbury Flag Lady; (c) uploading, posting, hosting, or transmitting unsolicited email, SMSs, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other user of the Site who has requested not to be contacted; (e) stalking or harassing anyone; or (f) attempting to gain unauthorized access to the Fairbury Flag Lady’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site. the Fairbury Flag Lady will fully cooperate with any law enforcement authorities or court order requesting or directing the Fairbury Flag Lady to disclose the identity of anyone posting any such information or material. You further agree not to modify, distribute, copy, exchange, disseminate, archive, reproduce, transmit, publicly display, publicly perform, broadcast, retransmit, publish by hard copy or electronic means, adapt, edit, compile or create derivative works of the Site Material or otherwise use the Site Material in any way for any purpose without prior written approval from the Fairbury Flag Lady. You may not frame, capture, harvest, or collect any part of the Site or Site Materials without the Fairbury Flag Lady’s prior written consent. You acknowledge and agree that the unauthorized use of the Site Material could cause irreparable harm to the Fairbury Flag Lady and that in the event of such unauthorized use, the Fairbury Flag Lady shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Submissions; Materials Submitted to the Site
The Fairbury Flag Lady does not accept unsolicited ideas about new products, advertising, marketing or packaging ideas, concepts or improvements (“Ideas”). If you provide the Fairbury Flag Lady with any Ideas, such Ideas shall be considered non-proprietary and non-confidential, and shall become the exclusive property of the Fairbury Flag Lady, which may or may not use the Ideas for any purpose. The marketing staff of the Fairbury Flag Lady and its consultants may very well be considering an identical or similar Idea. The purpose of this policy is to avoid confusion about the ownership of new concepts and ideas.
- Third Party Web Sites and Content
Parties other than the Fairbury Flag Lady may provide content on the Site. Additionally, the Site may contain links to other websites for the convenience of users. Use of the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. The Fairbury Flag Lady does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites. The Fairbury Flag Lady does not endorse any product, service, or treatment provided on a third party website or advertised on the Site.
- Payment and Delivery
The Site may allow certain specialized users (flag dealers and wholesale outlets) to make purchases through the Site. By purchasing products from The Fairbury Flag Lady, you represent that you are eighteen (18) years of age or older. You are responsible for all charges incurred under your account, whether made by you or another person using your account. In order to fulfill purchases, The Fairbury Flag Lady may use the services of third parties, including payment processors and similar vendor services. In any event, the Fairbury Flag Lady expressly disclaims any responsibility for or related to: (a) the services provided by any such third party and (b) the transactions you conduct or enter into with any such third party. If for any reason The Fairbury Flag Lady does not receive payment for a purchase, the Fairbury Flag Lady may exercise its rights in law and equity, including: (x) immediately suspending or terminating your account; (y) seeking collection of the outstanding amount owed; and/or (z) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site, including sales, use or excise taxes. Prices may vary. To the extent that the Fairbury Flag Lady is obligated to collect such taxes, the applicable tax will be added to your account. For additional terms governing delivery, repairs and replacements, returns and back orders, click here to view the Fairbury Flag Lady’s Ordering Info. & Policies.
- Privacy Statement
Any personal information that you provide to the Fairbury Flag Lady on the Site is subject to its Privacy Statement. For more information, click here to view the Privacy Statement, which is incorporated into these Terms by reference, as if set forth fully herein. Please be advised that the confidentiality of any communication or material transmitted to the Fairbury Flag Lady via the Site or email cannot be guaranteed, including, for example, personal information such as your address or name. Alternatively, you may contact the Fairbury Flag Lady by regular mail at 416 S. School Ave., Mahaska, KS 66955, or by telephone at 1.785.406.0976.
Without limiting anything else in these Terms or otherwise, the Fairbury Flag Lady is not responsible for any errors or omissions in the Site or Site Material (as defined below). The Fairbury Flag Lady, its subsidiaries, consultants, and affiliates are not responsible for and do not guarantee the accuracy or completeness of any Site Material, links, advertisements or other items contained within the Site. the Fairbury Flag Lady reserves the right to immediately remove or change any Site Material for any reason or for no reason. The Fairbury Flag Lady assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or the downloading any Site Material or any other data, text, images, video or audio from the Site. You agree that you must evaluate and bear all risks associated with the use of Site Material and that you may not rely on such Site Material.THE SITE, THE SITE MATERIALS AND MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, AND THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK.Fairbury Flag Lady AND ITS CONSULTANTS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE SITE MATERIALS, THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO THE SITE AND ANY AND ALL SITE MATERIALS, AND THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.Certain statements contained in this Site may constitute forward-looking statements. Such forward-looking statements involve a number of known and unknown risks, uncertainties and other factors which may cause the actual results, performance or achievements of the Fairbury Flag Lady to be materially different from any future results, performance or achievements expressed or implied by such forward-looking statements. The Fairbury Flag Lady undertakes no obligation to update any forward-looking statements contained on this Site.
THE FAIRBURY FLAG LADY AND ITS CONSULTANTS AND LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE SITE MATERIALS, THE PRODUCTS, SERVICES, INFORMATION AND OTHER MATERIALS ON AND IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR Fairbury Flag Lady HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF THE FAIRBURY FLAG LADY AND ITS CONSULTANTS AND LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, THE SITE MATERIALS ON, IN, AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, INFORMATION, OR PRODUCTS OFFERED IN CONNECTION THEREWITHEXCEED THE AMOUNT PAID BY YOU TO THE FAIRBURY FLAG LADY FOR PRODUCTS PURCHASED THROUGH THE SITE DURING THE PRECEDING THREE MONTHS, IF ANY. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF THE FAIRBURY FLAG LADY AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10) AND SHALL OTHERWISE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.If you are dissatisfied with the Site, or with any of these Terms, or feel the Fairbury Flag Lady has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify Fairbury Flag Lady and its directors, officers, employees, agents, contractors and licensors (“Fairbury Flag Lady Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site or products or services obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Materials, the products, services, information and other materials on, in and made available through the Site, (except to the extent attributable to Fairbury Flag Lady), or any breach by you of these Terms and shall indemnify and hold Fairbury Flag Lady Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of the Fairbury Flag Lady.The Fairbury Flag Lady or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If the Fairbury Flag Lady or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to the Fairbury Flag Lady, subject to the right of the Fairbury Flag Lady to assume, at its sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Third Party Rights
The provisions regarding use of the Site and the provisions regarding Indemnification are for the benefit of the Fairbury Flag Lady and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities may be afforded by the Fairbury Flag Lady the right to assert and enforce those provisions directly against you on its own behalf.
- Internet Security
The Fairbury Flag Lady uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. The Fairbury Flag Lady will use reasonable commercial efforts to minimize such disruption where it is within the Fairbury Flag Lady’s reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from the Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Fairbury Flag Lady via the Site or the Internet, including, for example, personal information such as your name, address, or credit card information.
- Complaint Procedures
If you believe that any content or postings on this Site violates your intellectual property or other rights, the Fairbury Flag Lady at email@example.com a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Changes to These Terms
The Fairbury Flag Lady reserves the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. The Fairbury Flag Lady reserves the right to terminate your access to this Site with or without notice in the event that you violate these Terms, or for any other reason whatsoever or for no reason, in which case all provisions necessary for the Fairbury Flag Lady to enforce its rights hereunder shall survive termination.
- Governing Law and Jurisdiction
These Terms represent the entire agreement between you and the Fairbury Flag Lady with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Kansas, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, content, or materials on the Site, you consent and agree to: (a) the exclusive jurisdiction of the federal and state courts located in Kansas; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
The Site is controlled and operated from within the United States. Without limiting anything else, the Fairbury Flag Lady makes no representation that the Site, Site Materials, products, services, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of the Fairbury Flag Lady to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. The Fairbury Flag Lady may assign its rights and duties under these Terms to any party at any time without notice to you. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”
Updated: March 8, 2017
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