Agreement between
User and Lotus Pond Marketing Inc.
This Web site is offered to you by Lotus Pond Marketing Inc., PO Box 4457,
Hilo, HI 96720 (referred to as the "Company") on the condition that you
accept the terms, conditions, and notices contained on this page and on
other pages of this Web site. YOU AGREE TO READ THESE TERMS, CONDITIONS
AND NOTICES CAREFULLY BEFORE USING THIS COMPANY'S WEB SITE. YOU MAY NOT
ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. By using this Web
site, you acknowledge that you have read the terms, conditions and notices
in this Agreement and you agree to accept them. The Company reserves the
right to change the terms, conditions and notices under which this Web
site is offered at any time in its sole discretion.
Personal and Non-commercial
Use
This Web site is for your personal, non-commercial use. You may download
and copy information on this Web site for your own personal use as long
as you maintain all copyright and other notices contained in the content.
You may not download, copy, reproduce, modify, distribute, publish, transmit,
transfer, sell, license, display, perform or adapt any information, products
or services obtained from this Web site.
Unlawful and Prohibited
Use
You warrant to the Company that you will not use this Web site for any
purpose that is unlawful or prohibited by the terms, conditions or notices
in this Agreement and on this Web site.
Access Restriction
The Company may, in its sole discretion, deny any user access to this
Web site or any portion of the site without notice.
Indemnity
You agree to indemnify and hold the Company harmless from any and all
claims, losses, damages, liabilities, costs and expenses (including reasonable
attorney's fees) which arise out of, are connected with or directly relate
to your wrongful or unlawful use of this Web site or any breach of any
representation or warranty made by you in this Agreement.
Use of Information
The Company may monitor your use of this Web site. It may use and disclose
any information and material received from you, or collected through your
use of the site, for any lawful reason or purpose.
Use of Messages
By posting messages or engaging in other communication to the Company
Web site, you grant to the Company a perpetual, worldwide, irrevocable,
non-exclusive, royalty-free license to use, download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license, display,
perform, adapt and otherwise exploit such communication in all media now
known or hereafter devised. You waive all rights to any claim against
the Company for any alleged or actual infringement of any proprietary,
privacy, publicity, moral or attribution rights in connection with such
communication.
Links to Other
Web Sites
This Web site may contain links to Web sites operated by parties other
than the Company. The links are provided for your convenience only. The
Company does not control the Web sites and is not responsible for the
content on such Web sites. By offering links, the Company is not implying
that it endorses anything contained on such Web sites or has any association
with the operators of the Web sites.
Liability Disclaimer
Information or advice received from this Web site should not be relied
upon for personal, medical, legal or financial decisions. You should consult
an appropriate professional for specific advice tailored to your situation.
The Company is an independent distributor for BioPro Technology, and not
an employee, agent, partner, legal representative, or franchisee of BioPro
Technology. Any guarantee and warranty are offered in accordance with
BioPro Technology's own policy. Any person or entity who wants to make
use of this guarantee must return the product or products they purchased
directly to BioPro Technology or Lotus Pond Press LLC, depending on where
the original order was processed. ASIDE FROM THE STATED GUARANTEE &
WARRANTY, THE COMPANY AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE INFORMATION,
PRODUCTS OR SERVICES CONTAINED ON THIS WEB SITE. ALL INFORMATION, PRODUCTS
AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND OTHER THAN
WHEN IT IS DIRECTLY STATED. THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM
ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS
AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT
SHALL THE COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.
WITHOUT LIMITING THE FOREGOING SENTENCE, THE COMPANY AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS
OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS
WEB SITE, THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION,
PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE. THE COMPANY AND ITS
SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES, WHETHER BASED ON CONTRACT,
TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS WEB SITE
OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USING THIS WEB SITE.
Relationship
You acknowledge and agree that communications and transmission to and
from the Company Web site are not confidential. There is no confidential,
fiduciary, contractually implied or other relationship created between
you and the Company other than as stated in this Agreement. You agree
that no joint venture, partnership, employment or agency relationship
exists between you and the Company as a result of this Agreement or use
of this Web site.
General
This Agreement is governed by the laws of the United States and of the
State of Hawaii. You consent to the exclusive jurisdiction and venue of
courts in Hilo County, Hawaii U.S.A. in all disputes arising out of, or
relating to, use of this Web site. Use of this Web site is unauthorized
in any jurisdiction that does not give effect to all provisions of the
terms, conditions and notices of this Web site and this Agreement, including
this paragraph. In the event any provision of this Agreement is determined
to be invalid, illegal or otherwise unenforceable, such provision shall
be deemed to have been deleted from this Agreement. The remainder of this
Agreement shall remain in full force and effect according to its terms.
This Agreement contains the entire understanding and agreement of the
parties with respect to the use of this Web site. It supersedes all prior
oral or written understandings and agreements relating to use of this
Web site. Company's waiver of any provision of this Agreement shall not
be deemed to waive it for the future.
