|
Last updated January 16, 2010
Welcome to the Winter Sun & Summer Moon Web sites, which include
but are not limited to WinterSunSummerMoon.com and
WinterSun.localdeals.biz (the "Sites"). The Sites are
provided as a service to our customers. Please review the following
terms and conditions of use, which govern your use of the Sites (the "Agreement").
Your use of the Sites constitutes your agreement to follow and be
bound by the Agreement. We reserve the right to update or modify this
Agreement at any time without prior notice. For this reason, we
encourage you to review the Agreement whenever you use any of the
Sites. If you do not agree to these terms, please do not use the Sites.
Site Transactions
We reserve the right to refuse any order you place with us. We may,
in our sole discretion, limit or cancel quantities purchased per
person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit
card, and/or orders that use the same billing and/or shipping
address. In the event we make a change to or cancel an order, we will
attempt to notify you by contacting the e-mail and/or billing
address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole
judgment, appear to be placed by dealers, resellers or distributors.
Right to Change Sites
We reserve the right, at any time in our sole discretion, to: modify,
suspend or discontinue the Sites or any service, content, feature or
product offered through the Sites, with or without notice; charge
fees in connection with the use of the Sites; modify and/or waive any
fees charged in connection with the Sites; and/or offer opportunities
to some or all users of the Sites. You agree that we shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the Site, or any service, content, feature or
product offered through the Sites.
Site Contents
Unless otherwise noted, the Sites, and all materials on the Sites,
including text, images, illustrations, designs, icons, photographs,
video clips and other materials, and the copyrights, trademarks,
trade dress and/or other intellectual property in such materials
(collectively, the "Contents"), are owned, controlled or
licensed by Winter Sun & Summer Moon Trademarks appearing on the
Sites are the trademarks of Winter Sun & Summer Moon and/or its subsidiaries.
The Sites and the Contents are intended solely for personal,
non-commercial use. You may download or copy the Contents and other
downloadable materials displayed on the Sites for your personal use
only. No right, title or interest in any downloaded Content is
transferred to you as a result of any such downloading or copying.
You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or
exploit in any way any of the Contents or the Sites.
Unless otherwise specified, the Sites and the Contents are intended
to promote Winter Sun & Summer Moon's products and services
available in the United States. The Sites are controlled and operated
by Winter Sun & Summer Moon from its offices in Rhinebeck, New
York. One or more patents may apply to the Sites.
User Comments, Feedback, and Other Submissions
Winter Sun & Summer Moon is pleased to hear from users and
welcomes your comments regarding our products and services. Winter
Sun & Summer Moon's longstanding company policy does not allow us
to accept or to consider creative ideas, suggestions, proposals,
plans, or other materials other than those we have specifically
requested. We hope that you will understand that the intent of this
policy is to avoid the possibility of future misunderstandings when
projects developed by Winter Sun & Summer Moon's employees and
agents might seem to be similar to creative works submitted by users.
Accordingly, while we value your feedback, we must ask that you do
not send creative ideas, suggestions, proposals, plans, or other
materials for our business. If, at our request, you send certain
specific submissions (for example contest entries) or without out a
request from us you send creative ideas, suggestions, proposals,
plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, "Comments"), you agree that
Winter Sun & Summer Moon may, at any time, without restriction,
edit, copy, publish, distribute, translate, and otherwise use in any
medium any Comments that you forward to Winter Sun & Summer Moon.
Winter Sun & Summer Moon is and shall be under no obligation (1)
to maintain any Comments in confidence; (2) to pay compensation for
any Comments; or (3) to respond to any Comments. Winter Sun &
Summer Moon has the right but not the obligation to monitor and edit
or remove any Comments.
You agree that your Comments will not violate any right of any third
party, including copyright, trademark, privacy or other personal or
proprietary right. You further agree that your Comments will not
contain libelous or otherwise unlawful, abusive or obscene material,
or contain any computer virus or other malware that could in any way
affect the operation of the Sites. You may not use a false e-mail
address, pretend to be someone other than yourself, or otherwise
mislead Winter Sun & Summer Moon or third parties as to the
origin of any Comments. You are solely responsible for any Comments
you make and their accuracy. Winter Sun & Summer Moon takes no
responsibility and assumes no liability for any Comments posted by
your or any third party.
Personal Information Submitted Through the Sites
Your submission of personal information through the Sites is governed
by our privacy policy, which can be reached by clicking on the
"Privacy Policy" link located in the footer section of the
Sites (the "Privacy Policy"). This Agreement incorporates
by reference the terms and conditions of the Privacy Policy.
Copyright Complaints
Winter Sun & Summer Moon respects the intellectual property of
others. If you believe that your work has been copied in any way that
constitutes copyright infringement, please follow our Notice and
Procedure for Making Claims of Copyright Infringement.
Product Information
The prices displayed on the Sites are quoted in U.S. Dollars.
Certain products are available exclusively online through the Sites.
These products may have limited quantities and are subject to return
or exchange only through the Sites according to the applicable return
policy.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Sites that contains
typographical errors, inaccuracies, or omissions that may relate to
product descriptions, pricing, promotions, offers, and availability.
We reserve the right to correct any errors, inaccuracies or omissions
and to change or update information or cancel orders if any
information on the Sites is inaccurate at any time without prior
notice (including after you have submitted your order).
Colors
We have made every effort to display as accurately as possible the
colors of our products that appear at the Sites. We cannot guarantee
that your computer monitor's display of any color will be accurate.
Links to Other Web Sites and Services
The Sites may contain links to other Web sites that are not under the
control of Winter Sun & Summer Moon. Winter Sun & Summer Moon
has no responsibility for the linked Web sites nor does linking
constitute an endorsement of any linked Web site. Links are provided
solely for the convenience and information of the Sites' users.
Disclaimer
The materials on the Sites are provided "as is" without
warranties of any kind, either express or implied, including without
limitation, warranties of title, implied warranties of
merchantability, fitness for a particular purpose or non-infringement
of intellectual property. Winter Sun & Summer Moon expressly
disclaims any duty to update or revise the materials on the Sites,
although Winter Sun & Summer Moon may modify the materials at any
time without notice. Your use of the Sites is at your sole risk, and
you assume full responsibility for any costs associated with your use
of the Sites. Winter Sun & Summer Moon shall not be liable for
any damages of any kind related to your use of the Sites.
Indemnification
You agree to defend, indemnify and hold Winter Sun & Summer Moon
harmless from and against any and all claims, damages, costs and
expenses, including attorneys' fees, arising from or related to your
use of the Sites and/or your breach of any representation, warranty,
or other provision of the Agreement.
Dispute Resolution
Mindful of the high cost of litigation, not only in dollars but also
in time and energy, both you and Winter Sun & Summer Moon agree
to the following dispute resolution procedure: In the event of any
controversy, claim, action or dispute arising out of or related to
any transaction conducted on the Sites, or the breach, enforcement,
interpretation, or validity of this Agreement or any part of it
("Dispute"), the party asserting the Dispute shall first
try in good faith to settle such Dispute by providing written notice
to the other party (by first class or registered mail) describing the
facts and circumstances (including any relevant documentation) of the
Dispute and allowing the receiving party 30 days in which to respond
to or settle the Dispute. Notice shall be sent
(1) to Winter Sun & Summer Moon at: Winter Sun & Summer Moon
10-14 East Market Street, Rhinebeck, NY 12572, or
(2) to you at: your last-used billing address or the billing and/or
shipping address in your online profile.
Both you and Winter Sun & Summer Moon agree that this dispute
resolution procedure is a condition precedent which must be satisfied
prior to initiating any litigation or filing any claim against the
other party.
Choice of Law
This Agreement shall be construed in accordance with the laws of the
State of New York, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved
exclusively by the state and/or federal courts of the State of New
York, County of Dutchess. The waiver of any provision of the
Agreement shall not be considered a waiver of any other provision or
of Winter Sun & Summer Moon's right to require strict observance
of each of the terms herein. If any provision of the Agreement is
found to be unenforceable or invalid for any reason, that provision
shall be severable, and all other provisions shall remain in full
force and effect. This Agreement constitutes the entire agreement
between us relating to your use of the Sites.
Termination
These terms are effective unless and until terminated by either you
or Winter Sun & Summer Moon You may terminate this Agreement at
any time. Winter Sun & Summer Moon also may terminate this
Agreement at any time without notice, and accordingly may deny you
access to the Sites, if in our sole judgment you fail to comply with
any term or provision of the Agreement. The obligations and
liabilities of the parties incurred prior to the termination date
shall survive the termination of this Agreement for all purposes.
|
