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Welcome to our site. We maintain this
web site as a service to our customers. By using our site, you are
agreeing to comply with and be bound by the following terms of use.
Please review the following terms carefully. If you do not agree to
these terms, you should not review information or obtain goods or
products from this site.
1. Acceptance of Agreement. You agree to the terms and
conditions outlined in this Terms of Use Agreement ("Agreement") with
respect to our site (the "Site"). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior or
contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or
services provided by or through the Site, and the subject matter of
this Agreement. This Agreement may be amended at any time by us from
time to time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement prior to
using the Site.
2. Copyright. The content, organization, graphics, design,
compilation, magnetic translation, digital conversion and other matters
related to the Site are protected under applicable copyrights,
trademarks and other proprietary (including but not limited to
intellectual property) rights. The copying, redistribution, use or
publication by you of any such matters or any part of the Site, except
as allowed by Section 4, is strictly prohibited.
3. Trademarks. Creative-Interchange.com and others are either
trademarks or registered trademarks of Creative Interchange. Other
product and company names mentioned on the Site may be trademarks of
their respective owners.
4. Limited Right to Use. The viewing, printing or downloading of
any content, graphic, form or document from the Site grants you only a
limited, nonexclusive license for use solely by you for your own
personal use and not for republication, distribution, assignment,
sublicense, sale, preparation of derivative works or other use. No part
of any content, form or document may be reproduced in any form or
incorporated into any information retrieval system, electronic or
mechanical, other than for your personal use (but not for resale or
redistribution).
5. Editing, Deleting and Modification. We reserve the right in
our sole discretion to edit or delete any documents, information or
other content appearing on the Site.
6. Indemnification. You agree to indemnify, defend and hold us
and our partners, attorneys, staff and affiliates (collectively,
"Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your
violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not
transferable. Any password or right given to you to obtain information
or documents is not transferable.
8. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS
OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS,
ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES
HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR
SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR
AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS
OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND
THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE
NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING THE FORM OR DOCUMENT IS
DISCLAIMED. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR
INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL
CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY
GOODS, SERVICES OR INFORMATION.
9. Use of Information. We reserve the right, and you authorize
us, to the use and assignment of all information regarding Site uses by
you and all information provided by you in any manner consistent with
our Privacy Policy.
10. Third-Party Services. We allow access to or advertise
third-party merchant sites ("Merchants") from which you may purchase
certain goods or services. You understand that we do not operate or
control the products or services offered by Merchants. Merchants are
responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered
into between you and Merchants. You agree that use of such Merchants is
AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US,
EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS
FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE
TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING
ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
11. Third-Party Merchant Policies. All rules, policies
(including privacy policies) and operating procedures of Merchants will
apply to you while on such sites. We are not responsible for
information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any
representations or commitments on behalf of the other.
12. Privacy Policy. Our Privacy
Policy, as it may change from time to time, is a part of this
Agreement.
13. Payments. You represent and warrant that if you are
purchasing something from us or from Merchants that (i) any credit
information you supply is true and complete, (ii) charges incurred by
you will be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including any
applicable taxes.
14. Securities Laws. This Site may include statements concerning
our operations, prospects, strategies, financial condition, future
economic performance and demand for our products or services, as well
as our intentions, plans and objectives, that are forward-looking
statements. These statements are based upon a number of assumptions and
estimates which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like
"anticipates," "expects," "believes," "estimates," "seeks," "plans,"
"intends" and similar expressions are intended to identify
forward-looking statements designed to fall within securities law safe
harbors for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation of an
offer for sale of any securities. None of the information contained
herein is intended to be, and shall not be deemed to be, incorporated
into any of our securities-related filings or documents.
15. Links to other Web Sites. The Site contains links to other
Web sites. We are not responsible for the content, accuracy or opinions
express in such Web sites, and such Web sites are not investigated,
monitored or checked for accuracy or completeness by us. Inclusion of
any linked Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site and
access these third-party sites, you do so at your own risk.
16. Copyrights and Copyright Agents. We respect the intellectual
property of others, and we ask you to do the same. If you believe that
your work has been copied in a way that constitutes copyright
infringement, please provide our Copyright Agent the following
information:
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An electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
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A description of the copyrighted work that you claim
has been infringed;
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A description of where the material that you claim is
infringing is located on the Site;
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Your address, telephone number, and email address;
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A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law; and
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A statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright
infringement on the Site is the Intellectual Property Rights Manager
who can be reached as follows:
Creative Interchange
Intellectual Property Rights Manager
1800 Camden Road
Suite 107 #159
Charlotte, NC 28203
Copyrights@Creative-Interchange.com
17. Refund Policy. If a product purchased by you
proves to be defective or not to your reasonable satisfaction, you can
return the product within 10 days of receipt, to the following address:
Creative-Interchange, 1800 Camden Road, Suite 107 #159, Charlotte, NC
28203.
In such event, we will provide you a credit for other purchases on the
Site (less shipping and handling charges incurred). This Section 17
sets forth your sole and exclusive right to refund and return.
18. Information and Press Releases. The Site contains
information and press releases about us. While this information was
believed to be accurate as of the date prepared, we disclaim any duty
or obligation to update this information or any press releases.
Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or
endorsed by us.
19. Miscellaneous. This Agreement shall be treated as though it
were executed and performed in all 50 states and shall be governed by
and construed in accordance with the laws of the State of North
Carolina (without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information,
products or services related thereto) must be instituted within one (1)
year after the cause of action arose or be forever waived and barred.
All actions shall be subject to the limitations set forth in Section 8
and Section 10. The language in this Agreement shall be interpreted as
to its fair meaning and not strictly for or against either party. All
legal proceedings arising out of or in connection with this Agreement
shall be brought solely in Winston-Salem, North Carolina. You expressly
submit to the exclusive jurisdiction of said courts and consents to
extra-territorial service of process. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall remain
in full force and effect. To the extent that anything in or associated
with the Site is in conflict or inconsistent with this Agreement, this
Agreement shall take precedence. Our failure to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor of
the right to enforce such provision.
20. Shipping Policy. All orders for stock items
which are received by 1:00 PM EST, will normally be processed that day
and shipped within 48 hours. Orders for non-stock items which are
received by 1:00 PM EST, will be shipped upon receipt into our
warehouse.
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