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| Conditions of Use |
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Conditions of Use
Thank you for visiting West Virginia Mountain Mall.
The West Virginia Mountain Mall website has been made
available to you subject to your compliance with the terms and conditions set forth below (the Conditions of Use). Please read this document carefully before
accessing or using the West Virginia Mountain Mall website. By accessing or using this website, you are agreeing to be bound by the Conditions of Use. If you do not
wish to be bound by the Conditions of Use, you may not access or use the website.
Modification of these Conditions of Use
West Virginia
Mountain Mall reserves the right to change the terms, conditions, and notices at any time, and such modifications shall be effective immediately upon posting of such
changes. You are therefore responsible for regularly reviewing these Conditions of Use and additional terms or notices posted on the West Virginia Mountain Mall
website. Your continued access of this website shall be deemed your conclusive acceptance of the modified agreement.
Privacy
Please review
our Privacy Policy, which also governs your visit to West Virginia Mountain Mall, to understand our practices regarding the use and disclosure of your personal
information.
Electronic Communications
When you visit West Virginia Mountain Mall or send e-mails to us, you are communicating with us
electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you
electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communication be in writing.
Copyright and Licenses
The entire contents of this website,
including but not limited to: Text, graphics, logos, button icons, Flash movies, images, audio clips, digital downloads, data compilations, and software, are the
property of West Virginia Mountain Mall and OS Commerce, its content suppliers or its clients and are protected by Domestic and International copyright and
trademark laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the website contents without the prior express
written consent of West Virginia Mountain Mall.
You may print or download portions of the materials from various areas of this website solely for your own
non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. If you believe any content appearing on
our website constitutes a copyright infringement of another party’s rights, please contact us immediately at info@wvmountainmall.com to notify us of this infringement.
Your submissions of files including, but not
limited to: Resumes, e-mail, flash movies, images, logos, audio loops, and other software hereby constitutes your agreement to grant West Virginia Mountain Mall a
non-exclusive, royalty-free, worldwide, sub-licensable, perpetual license, to reproduce, distribute, transmit, modify, adapt, sub-license, and publicly display any such
submissions. You also grant West Virginia Mountain Mall the right to utilize your name in connection with all advertising, marketing and promotional materials related
thereto.
License and Website Access
West Virginia Mountain Mall grants you limited license to access and make personal use of this website
and not to download (other than for page caching purposes) or modify it, or any portion of it, except with the express written consent of West Virginia Mountain
Mall. This website or any portion of this website may not be reproduced, duplicated, adapted, copied, sold, resold, transmitted or otherwise exploited for any
commercial purpose without the express written consent of West Virginia Mountain Mall. You may not frame, or use any framing techniques to enclose any
trademark, logo, or other proprietary information (including images, text, flash movie, page layout, or form) of West Virginia Mountain Mall without the express
written consent of West Virginia Mountain Mall. You may not use META tags or any .com, West Virginia Mountain Mall or any other derivative of our domain or
company name without the express written consent of West Virginia Mountain Mall You are hereby granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of West Virginia Mountain Mall so long as the link does not portray any false, misleading, derogatory, or otherwise offensive
matter.
It is further understood and agreed that West Virginia Mountain Mall cannot and does not guarantee or warrant that files made available for
downloading through the West Virginia Mountain Mall website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or
destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through West Virginia Mountain
Mall are free from such contaminations.
Disclaimer of Warranty/Limitation of Liability
THIS WEBSITE AND RELATED INFORMATION IS
PROVIDED BY WEST VIRGINIA MOUNTAIN MALL ON AN AS IS AND AS AVAILABLE BASIS. WEST VIRGINIA MOUNTAIN MALL MAKES
NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS
WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WEST
VIRGINIA MOUNTAIN MALL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WEST VIRGINIA MOUNTAIN MALL DOES NOT
WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM WEST VIRGINIA MOUNTAIN MALL ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS. WEST VIRGINIA MOUNTAIN MALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL
DAMAGES.
WEST VIRGINIA MOUNTAIN MALL USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE
INFORMATION ON THIS WEBSITE. WEST VIRGINIA MOUNTAIN MALL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT
AN INCORRECT PRICE OR WITH OTHER INCORRECT INFORMATION, WEST VIRGINIA MOUNTAIN MALL SHALL HAVE THE RIGHT TO
REFUSE OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY. IF A PRODUCT OFFERED BY WEST VIRGINIA
MOUNTAIN MALLIS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT TO WEST VIRGINIA MOUNTAIN MALL FOR A REFUND.
ALL POSTAGE REQUIRED TO RETURN A PRODUCT WILL BE AT THE BUYERS EXPENSE.
CERTAIN STATE LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
ADDITIONAL RIGHTS.
Third Party Links
Linked websites are not under the control of West Virginia Mountain Mall and West Virginia
Mountain Mall is not responsible for the contents of any linked site or any link contained in a linked site. West Virginia Mountain Mall provides links to you only as a
convenience, and the inclusion of any link does not imply or constitute an endorsement by West Virginia Mountain Mall of the site.
Applicable Law
By visiting the West Virginia Mountain Mall website, you agree that the laws of the state of West Virginia, without regard to principals of conflict of laws,
will govern these Conditions of Use and any dispute of any sort that might arise between you and West Virginia Mountain Mall
Disputes
Any
dispute relating in ay way to your visit or access of the West Virginia Mountain Mall website or to the products or services you purchase through the West Virginia
Mountain Mall website shall be submitted to binding arbitration in Mercer County, West Virginia, except that, to the extent you have in any manner violated or
threatened to violate West Virginia Mountain Mall intellectual property rights, West Virginia Mountain Mall may seek injunctive or other appropriate relief in any state
or federal court in the state of West Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use shall be
conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration
involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
Indemnification
You
agree to indemnify, defend and hold harmless West Virginia Mountain Mall, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any
third party information provider to the website from and against all losses, expenses, damages and costs, including attorneys fees, resulting from any violation of these
Conditions of Use (including negligent or wrongful conduct) by you or your use and access of the West Virginia Mountain Mall website.
International Use
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, privacy,
copyright, and trademark infringement. Additionally, 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.
Other Provisions
West Virginia Mountain Mall’s failure to insist upon or enforce strict
performance of any provision of these Conditions of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the
parties nor trade practice shall act to modify any provision of these Conditions of Use. West Virginia Mountain Mall may assign its rights and duties under these
Conditions of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that
condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to: info@wvmountainmall.com (or)
by our Mailing Address:
CPR Image Consultants
P.O. Box 979
Athens, WV 24712
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