Terms and Conditions of Site Use
Please read these Terms carefully before
using this Web site, further referred to as the “Site”. By
using the Site, you agree to be bound by the Terms of EarthWonders LLC
as set out below. If you do not wish to be bound by such Terms
you should not use this Site.
- You are wholly responsible
for use of the Site by a person using your computer or point of presence
and it is your responsibility to ensure that any such person fully complies
with these Terms.
- You agree to use the Site
in a manner consistent with all applicable laws and regulations.
This Site is intended for use only by persons based in the United States
of American, and by using this Site, you confirm that you meet this
- Although EarthWonders has
taken reasonable care to ensure that the information posted on this
Site is accurate, EarthWonders provides no warranty of any kind, express
or implied, with regard to the accuracy, timeliness or completeness
of the information posted on this Site.
- All EarthWonders registered
trademarks, logos, graphics, all product names and all page headers,
custom graphics and button icons contained on this Site are service
marks, trade marks, trade names and/or trade dress of Inn Serendipity.
All other trade marks, service marks and companies names or logos cited
on the Site are the property of their respective owners.
- EarthWonders owns all copyright
on this Site and the information contained in it. You may use
the information and reproduce it in hard copy for your personal reference
only. The information may not otherwise be reproduced, distributed,
transmitted to any other person or incorporated in any way into another
document or other material without EarthWonder’s prior written permission.
Any cop of the information which you make must retain all copyright
and other proprietary notices shown on the initial download or print-out.
- Where EarthWonders provides
hypertext links to other locations on the Internet, EarthWonders does
so for information purposes only and such links are not an endorsement
by EarthWonders of any products or services in such web sites and EarthWonders
does not necessarily support or approve of the same. You use such
links entirely at your own risk and EarthWonders accepts no responsibility
for the content or use of such web sites or information contained in
such web sites. EarthWonders has not verified the truth or accuracy
of any content of such web sites.
- EarthWonders may hold and
process personal information obtained about you when you access the
Site and use it within the EarthWonders Organizations to identify other
products and services which may be relevant to you. EarthWonders
will not disclose this information to any other Third Party except if
required by law or a regulator, under a strict code of secrecy to sub-contractors
or persons acting as our agents or to any person who may assume our
rights in respect of this Site or its provision. By agreeing to
these Terms you agree to such data being so used and that is may be
transmitted to others as stated above.
- The Site may log IP addresses
for systems administration purposes. IP addresses are logged to
track a user’s session. This enables IS to determine which parts
of the Site users are visiting. We do not link IP addresses to
anything personally identifiable. This means that a user’s session
will be tracked, but the user will be anonymous.
- All purchases made through
the Site must be paid for at the time of order by credit card or Pay
Pal service. All prices quoted on the Site are exclusive of delivery
costs and you are solely responsible for all sales, use, customs and
delivery taxes, charges and duties.
- All items purchased through
the Site are delivered pursuant to a shipment contract. This means
that the risk of loss and title for such items pass to you upon our
delivery to the carrier.
- Disclaimer of Warranties
and Limitation of Liability. This site is provided on an
“as is” and “as available” basis. EarthWonders makes no
representations or warranties of any kind, express or implied, as to
the operation of this site or the information, content, materials, or
products included on this site. You expressly agree that your
use of this site is at your sole risk. To the full extent permissible
by applicable law, EarthWonders disclaims all warranties, express or
implied, including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose. EarthWonders does not warrant
that this site, its servers, or e-mail sent from EarthWonders is free
of viruses or other harmful components. EarthWonders will not
be liable for any losses of any kind arising from the use of this site,
including, but not limited to direct, indirect, incidental, punitive,
and consequential losses. Certain 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 may have additional rights.
- EarthWonders reserves
the right to make changes to this Site, these Terms and its products
at any time. If any provision of these Terms is held to be illegal,
invalid or unenforceable in whole or in part, these Terms shall continue
to be valid as to their other provisions and the remainder of the affected
- By using this Site, you:
- Agree that the laws of the
state of Wisconsin, without regard to principles of conflict of laws,
will govern these Terms and any dispute of any sort that might arise
between you and EarthWonders.
- Irrevocably submit to the
jurisdiction of the state courts of the State of Wisconsin and to the
jurisdiction of the United States District Court of Wisconsin for the
purpose of any suit, action or other proceeding arising out of or based
upon your visit to this Site or on products you purchase through this
- Waive to the extent not prohibited
by applicable law, and agree not to assert, by way of motion, as a defense
or otherwise, in any such proceeding brought in any of the above-named
courts, any claim that you are not subject personally to the jurisdiction
of such court, that your property is exempt or immune from attachment
or execution, that such proceedings are brought in an inconvenient forum,
that the venue of such proceeding is improper, or that these Terms or
the subject matter hereof may not be enforced in or by such court.
We treat our customers the way we want
to be treated. We respect your privacy and will never distribute your
personal information to any third parties without your consent.
This includes any personal information you input during your use of
the site as well as your e-mail address. We reserve the right
to change this policy in the future but only with advance notice and
will always offer you a provision to opt out.
Copyright and Trademarks
All website design, text, graphics, the
selection and arrangement thereof, Copyright © 2007-2009 EarthWonders LLC.
All rights reserved.
EarthWonders LLC and EarthWonders logo,
all product names, all page headers, custom graphics, button icons on
this site are service marks, trademarks, trade names and/or trade dress
of EarthWonders LLC. All other trademarks, service marks and company
names or logos cited herein are the property of their respective owners.