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All
site content and graphics © 2007 OvenWorks Pizza
Any reference to prices and specifications are subject to change
without notice.
Warranty Disclaimer: You expressly agree that use of the web site
and related services is at your sole risk. The web site, materials
and related services are provided on an "as is" and "as
available" basis. OvenWorks Pizza makes no representations
or warranties with regard to the web site or any materials therein,
whether express or implied, arising by law or otherwise, including,
without limitation, any implied warranty of merchantability, fitness
for a particular purpose or non-infringement or any implied warranty
arising out of course of performance, course of dealing or usage
of trade. In addition, OvenWorks Pizza makes no representation that
the operation of the web site will be uninterrupted or error-free.
OvenWorks Pizza will not be liable for the consequences of any interruptions
or errors on the web site. It is your responsibility to evaluate
the accuracy, completeness or usefulness of any opinion, advice,
information or other content or materials provided in connection
with or otherwise available through the web site. Please seek the
advice of professionals, as appropriate, regarding the evaluation
of any such opinion, advice, information or other content. Under
no circumstance will OvenWorks Pizza be liable for any loss or damage
caused by your reliance on information obtained through the web
site, other than as required under applicable consumer-protection
law. Some jurisdictions do not allow the disclaimer of certain warranties
or limitation of certain types of damages, so some of the above
disclaimer may not apply to you and nothing contained herein should
be construed as excluding or limiting any liability beyond what
is permitted under applicable law.
Limitation of Liability: By availing yourself of the Web site, Materials
or related services, you agree to release and hold OvenWorks Pizza
and the employees, officers, directors, shareholders, agents, representatives
of OvenWorks Pizza, its affiliates, subsidiaries, advertising, promotion
and fulfillment agencies, any entity controlling, controlled by
or under common control with OvenWorks Pizza, any third-party providers
or sources of information or data and legal advisers (collectively,
"OvenWorks Pizza Affiliates") harmless from any and all
losses, damages, rights, claims and actions of any kind arising
from or related to the Web site, Materials or related services including
but not limited to: (a) telephone, electronic, hardware or software,
network, Internet or computer malfunctions, failures or difficulties
of any kind; (b) failed, incomplete, garbled or delayed computer
transmissions; (c) any condition caused by events beyond the control
of OvenWorks Pizza that may cause the Web site or related services
to be disrupted or corrupted; (d) any injuries, losses or damages
of any kind arising in connection with or as a result of your use
of the Web site, Materials or related services; or (e) any printing
or typographical errors in any materials associated with the Web
site, Materials or related services. In addition, you agree to defend,
indemnify and hold OvenWorks Pizza Affiliates harmless from any
claim, suit or demand, including reasonable attorney's fees, made
by a third party due to or arising out of your utilizing the Web
site, Materials or related services, your violation or breach of
these Terms and Conditions, your violation of any rights of a third
party, or any other act or omission by you. IN NO EVENT WILL OvenWorks
Pizza BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL, SPECIAL
OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT OF YOUR
AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE),
EVEN IF Moonlite Web Designs WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
General Provisions: You agree to comply with all applicable laws
regarding the transmission of technical data exported from the United
States or the country in which you reside. Your correspondence or
business dealings with, or participation in promotions of or with
parties found on or through the Web site, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations applicable to such dealings, are solely
between you and such parties. These Terms and Conditions are governed
in all respects by the laws of the State of Wisconsin as such laws
are applied to agreements entered into and to be performed entirely
within Wisconsin between Wisconsin residents. Legal proceedings
related to the matters herein shall be brought in and adjudicated
solely in the courts of Eau Claire, Wisconsin, United States of
America. Both parties consent to extra-territorial service of process
and submit to the jurisdiction of said courts. If any provision
of these Terms and Conditions is held to be invalid or unenforceable,
such provision shall be struck and the remaining provisions shall
be enforced. OvenWorks Pizza failure to act with respect to a breach
by you or others does not waive its right to act with respect to
subsequent or similar breaches. These Terms and Conditions set forth
the entire understanding and agreement of the parties as to the
subject matter hereof and supersede all prior proposals, discussions
or agreements with respect thereto. A printed version of these Terms
and Conditions and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon
or relating to these Terms and Conditions to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. |
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