LEGAL STATEMENT
This
legal statement contains the terms and conditions governing this
Site, www.surfchex.com. By using any of this Site, you
expressly accept and agree to abide by all the terms and conditions
contained in this Legal Statement. Do not use any Sites if you do
not accept and agree to these terms and conditions. The Site is available
only for your personal use, which shall be limited to viewing the
Site, providing information to the Site, downloading product information
for your personal review, and the purchase of products.
OWNERSHIP
Surf Chex, Inc. ("SurfChex") owns all of
the Site, and it is the seller of all merchandise purchased through
this site. SurfChex owns or has rights to all of the
wallpaper, icons, characters, artwork, images, graphics, music, text,
software and other content of the Sites (the "Content"), and all
HTML, CGI and other code and scripts in any format used to implement
the Sites (the "Code"). The Content and Code of the Sites are protected
by copyright. Except as set forth above, you may not copy, modify,
upload, download, transmit, re-publish, display for redistribution
to third parties for commercial purposes, or otherwise distribute
any Code or Content from the Sites without the prior written agreement
of SurfChex. You may not use the Content or Code from
the Sites for any purpose other than those set forth above. All names,
logos and trademarks which appear on the Sites are the property of
SurfChex or are used by SurfChex under
license. You may not use any of the foregoing for any purpose without
the prior express written permission of SurfChex. Your
failure to comply with this Legal Statement will constitute breach
of contract and will violate SurfChex's copyright, trademark
and other proprietary and intellectual property rights.
NO LICENSE
Except as expressly provided above, nothing contained herein shall
be construed as conferring by implication, estoppel or otherwise
any license or right under any patent, trademark, copyright or other
proprietary or industrial right of SurfChex's, its affiliates
or any third party.
USE OF INFORMATION SUBMITTED BY YOU
Note: This section does not apply to personal data supplied by
you to any Site, such as your name, address, e-mail address, telephone
number and the like. Please see our Privacy
Policy Statement for information regarding our treatment
of personal data. If you respond to SurfChex with any
information, including but not limited to feedback, data, questions,
comments, suggestions, or the like, such information shall not be
deemed confidential. All such submissions shall be deemed the property
of SurfChex, and your submission of information shall
constitute an assignment to SurfChex of all worldwide
rights, titles and interests in such information. SurfChex
will not be liable for any use or disclosure of such information.
SurfChex will not have any obligation to keep such information
confidential and will be free to reproduce, use, disclose and distribute
the information to others without limitation. SurfChex
will be free to use any ideas, concepts, know-how or techniques contained
in such information for any purpose whatsoever, including but not
limited to developing, manufacturing and marketing products which
incorporate or otherwise rely upon such information. SurfChex
welcomes your comments and suggestions on its Site and products,
but SurfChex does not seek to solicit any confidential
or proprietary ideas, suggestions, materials or other information
relating to developing, designing, redesigning, modifying, manufacturing
or marketing its products or any new products. By submitting information,
you warrant that SurfChex may publish such information,
use it as part of its operations, and incorporate its concepts in
SurfChex products without liability.
PRODUCT AND PRICING INFORMATION
Although SurfChex has made every effort to display
the products and their colors as accurately as possible, the displayed
colors of the products will depend upon the monitor of the user and
SurfChex cannot guarantee that the user's monitor will
accurately portray the actual colors of the products. Products displayed
may be out-of-stock or discontinued, and prices are subject to change.
SurfChex is not responsible for typographical errors
regarding price or any other matter. Subject to the foregoing, the
prices displayed are quoted in U.S. dollars and are effective only
for United States purchases. Purchases are subject to applicable
taxes to be paid by the purchaser, and do not include shipping and
handling. Purchase requests to addresses outside the United States
cannot be filled.
DISCLAIMERS
SurfChex publishes information on its Sites as a convenience
to its visitors. While SurfChex attempts to provide
accurate and timely information, there may be inadvertent technical
or factual inaccuracies and typographical errors. We reserve the
right to make corrections and changes to the Site at any time without
notice. The SurfChex products described in its Site
may not be available in your region. SurfChex does not
claim that the information in the Site is appropriate to your jurisdiction
or that the products described in its Site will be available for
purchase in all jurisdictions. SurfChex operates its
Site from the United States. It is possible that some software that
may be downloaded from the Site is subject to government export control
or other restrictions. By visiting and using our Site, you acknowledge
these restrictions and agree that you are not subject to them. SurfChex makes no warranties of any kind regarding any non-SurfChex sites to which the user may be directed or hyperlinked
from this Site. Hyperlinks are included solely for the convenience
of the user, and SurfChex makes no representations or
warranties with regard to the accuracy, availability, suitability,
or safety of information provided in such non-SurfChex
sites. Visitors assume all responsibility and risk with respect to
their use of the Site. SurfChex disclaims all warranties,
representations and endorsements, express or implied, with regard
to information accessed from or via the Site, including but not limited
to all express and implied warranties, such as warranty of title,
merchantability, non-infringement and fitness for a particular purpose.
SurfChex does not warrant that the Site is free of computer
viruses, bugs or other harmful components. SurfChex
does not warrant that the functions contained in the material will
be uninterrupted or error-free or that errors will be detected or
corrected. SurfChex does not assume any liability or
responsibility for the accuracy, completeness, reliability or usefulness
of the information disclosed or accessed through the Sites. SurfChex does not have any duty to update its Site or modify the
Content or Code, and SurfChex shall not be liable for
its failure to update such information. It is your responsibility
to verify any information contained in the Site before relying upon
it.
IN NO EVENT SHALL SurfChex BE LIABLE FOR ANY DIRECT,
SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES
OF WHATEVER KIND RESULTING FROM WHATEVER CAUSE, INCLUDING BUT NOT
LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR ANY OTHER
TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, WHETHER IN AN
ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT
OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE INFORMATION
ON, OR ACCESSED THROUGH, SurfChex SITE.
SurfChex reserves the right to withdraw access to the
Sites or to revise the services and products described in the Site
at any time without notice. SurfChex may at any time
revise the terms and conditions contained in this Legal Statement
by updating this posting. You are bound by any revisions and should
periodically visit this page to review the current terms and conditions
which apply to your use of the Site. The invalidity of any term,
condition or provision of this Legal Statement shall not affect the
enforceability of those portions of the Legal Statement deemed enforceable
by applicable courts of law.
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