The following is an agreement (“Agreement”) between you and Whitt’s End Corp., a corporation, located at , located at 9145 Narcoossee Rd. Ste.106, PMB#112, Orlando, FL 32827. By accessing, browsing, and using the Whitt’s End Corp. website (the “Site”), you acknowledge that you have read, have understood, and agree to be bound by this Agreement and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use the Site.
From time to time, we may modify this Agreement and post those modifications to the Site. Your use of the Site after any such modification constitutes your acceptance of the modified Agreement.
The material provided through our Site is protected by law, including, but not limited to, United States copyright law and international treaties. The Site are controlled and operated by Whitt’s End Corp. from its offices within the United States. Whitt’s End Corp. makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all applicable local laws.
The content and information on Whitt’s End Corp. (“Whitt’s End Corp. Content”) is proprietary to Whitt’s End Corp. its licensors, suppliers, publishers, rights holders, or other content providers (collectively, and individually, “Whitt’s End Corp. Content Providers”). You agree not to modify, copy, distribute, transmit, share, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any Whitt’s End Corp. Content obtained from or through Whitt’s End Corp.
The Site contains proprietary and copyright-protected information. Any unauthorized use of any Whitt’s End Corp. Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content in whole or in part.
You will not upload, post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will indemnify Whitt’s End Corp. for any claims by third parties of infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission of material by you.
The Whitt’s End Corp. Content and Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Whitt’s End Corp.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Whitt’s End Corp. without express written consent. You may not use any meta tags or any other “hidden text” using Whitt’s End Corp. name or trademarks without the express written consent of Whit’s End Corp. You may not misuse the Site. You may use the Site only as permitted by law.
Information on the Site may be changed or updated without notice. Whitt’s End Corp. may also make improvements and/or changes in the products and services described in this information at any time without notice.
Information that Whitt’s End Corp. publishes on the Site may contain references or cross references to products, programs and services that are not announced or available in your country. Such references do not imply that Whitt’s End Corp. intends to announce such products, programs or services in your country. Consult Whitt’s End Corp. for information regarding the products, programs and services which may be available to you.
INFORMATION ON THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. ALL INFORMATION IS PROVIDED BY WHITT’S END CORP. ON AN “AS IS” BASIS ONLY. WHITT’S END CORP. PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. USE OF THE SERVICES IS SOLELY AT YOUR RISK. WHITT’S END COR. PMAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS; (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; AND (iv) THE QUALITY OF ANY PRODUCTS, INFORMATION, OR OTHER SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS. WHITT’S END CORPEXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SITE WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL ASSIST WITH, GUARANTEE, OR OTHERWISE ENSURE COMPLIANCE WITH ANY APPLICABLE LAWS OR REGULATIONS.
YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE, RELATED SERVICES, OR CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW. WHITT’S END CORP. IS NOT RESPONSIBLE FOR ANY INFORMATION NOT PROVIDED ON THE SITE. WHITT’S END CORP. DOES NOT GUARANTEE, IMPLICITLY OR EXPLICITLY, ANY RESULTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHITT’S END CORP. OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE AND USE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WHITT’S END CORP. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WHITT’S END CORP. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICE PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. YOU ALSO AGREE THAT WHITT’S END CORP.WILL NOT BE LIABLE FOR ANY INTERRUPTION OF BUSINESS, ACCESS DELAYS, OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS THROUGH THE SITE, DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, AND EVENTS BEYOND WHITT’S END CORP.’S REASONABLE CONTROL.
IN NO EVENT SHALL WHITT’S END CORP. BE FINANCIALLY LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
This Agreement and performance hereunder shall be governed by, and construed in accordance with, the laws of the state of Arizona (without giving effect to its conflict of laws principles). The parties agree to submit any claim, dispute, or disagreement to mediation before a mutually-agreeable mediator prior any other form of dispute resolution. All mediation or any other form of dispute resolution shall take place in Orlando, Florida and the parties irrevocably waive any objection to such venue.
Whitt’s End Corp., at any time now or in the future, may allow you and other end users to use the Site to express opinions and communicate through comments on products, or other communication facilities that may be offered on or through the Site from time to time (collectively “Communities”). In the event of the existence of such Communities, Whitt’s End Corp. shall have the right, but not the obligation, to monitor the content within the Communities at any time, for any reason, including to determine compliance with this Agreement and any operating rules established by Whitt’s End Corp., as well as to satisfy any applicable law, regulation or authorized government request.
Without limiting the foregoing, Whitt’s End Corp. shall also have the right, but not the obligation, to remove any material from the Communities that Whitt’s End Corp., in its sole discretion, finds to be in violation of this Agreement or otherwise objectionable. Any opinions, advice, ratings, discussions, comments, or other messages or postings of any kind made by you or any other end user to the Communities are those of the respective author(s) or distributor(s) and not of Whitt’s End Corp.
By posting any materials or other information on or through the Communities, you grant Whitt’s End Corp. a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such materials or other information alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights.
The Site may contain links maintained by other third parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents. We expressly disclaim any representations regarding the content or accuracy of materials, or the privacy practices related to such third parties.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
All DMCA notices should be sent to our designated agent as follows:
17777 North Scottsdale Road
Scottsdale, AZ 85255
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.