Terms Of Use
Please read the following Terms of Use carefully. By using this Web site, you acknowledge that you have read the following Terms of Use and that you accept and will be bound by them, as they may be modified by Carol’s Rose Garden LLC from time to time, as posted on this Web site. If you do not agree to these Terms of Use, do not use this Web site. Any use of the Web site is at the sole risk of the user.
Legal Name and Address
Carol’s Rose Garden LLC.
PO Box 17394, Portland, OR 97217
(800) 473-0785
FAX : (503) 255-6829
Website Copyright 2006 Carol’s Rose Garden LLC.
Products designs Copyright Carol Wilson Fine Arts, Inc.
Embossed lace flaps on portfolios registered trademark of Carol Wilson Fine Arts, Inc.
Carol’s Rose Garden® is a registered trademark of Carol Wilson Fine Arts, Inc.
The posting of information or other materials to this Web site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade names, or other intellectual property) and does not transfer any rights to a user of the Web site or any other third party, except as expressly provided herein.
Limited Disclaimer of Copyright
Any person is hereby authorized to view the information (and incidentally create an electronic copy of the information) available from this Web site for informational purposes only. No part of the information at this Web site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Carol’s Rose Garden LLC.
Disclaimer of Warranties
This information is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
CAROL’S ROSE GARDEN LLC MAKES NO REPRESENTATION AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THE WEB SITE MATERIALS. CAROL’S ROSE GARDEN LLC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THE TERMS OF USE OF THE WEB SITE, WITHOUT NOTICE. FURTHER, CAROL’S ROSE GARDEN LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE. CAROL’S ROSE GARDEN LLC. SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEB SITE.
REFERENCE TO THE COMPANY AND ITS SERVICES AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL CAROL’S ROSE GARDEN LLC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, COMPUTER VIRUS OR SYSTEM FAILURE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE (OR THE INFORMATION OR SERVICES PROVIDED AT THIS WEB SITE) OR ANY WEB SITE RELATED TO ANY THIRD PARTY, OR USERS’ INABILITY TO USE THE INFORMATION OR MATERIALS CONTAINED IN THE WEB SITE (OR ANY OTHER WEB SITE). IN NO EVENT SHALL CAROL’S ROSE GARDEN LLC LIABILITY TO USERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT, IF ANY, PAID BY USERS TO CAROL’S ROSE GARDEN LLC FOR ACCESSING THE WEB SITE. THE USER SHOULD CONSULT HIS OR HER OWN LEGAL ADVISORS REGARDING THE APPLICABILITY OF STATE STATUTES REGARDING LIMITATIONS ON LIABILITY.
DESCRIPTIONS OF, OR REFERENCES TO, PRODUCTS, SERVICES, OR PUBLICATIONS WITHIN CAROL’S ROSE GARDEN LLC WEB SITE DO NOT IMPLY ENDORSEMENT OF THAT PRODUCT, SERVICE, OR PUBLICATION. CAROL’S ROSE GARDEN LLC MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO THE SUBJECT MATTER INCLUDED HEREIN OR THE PRODUCTS LISTED HEREIN. CAROL’S ROSE GARDEN LLC SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESSED, IMPLIED, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN ALL CASES.
Indemnification by User
USER AGREES TO INDEMNIFY, DEFEND, AND HOLD CAROL’S ROSE GARDEN LLC HARMLESS FROM ANY LIABILITY, LOSS, CLAIM, AND EXPENSE, INCLUDING ATTORNEYS’ FEES RELATED TO A USER’S VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT THIS WEB SITE.
Disclaimer of Sales Information
This Web site may contain offers for sale or lease of merchandise or services. Such merchandise and services may be obtained only by linking to the merchant Web in order to make the transaction. Terms of the offer shown on this Web site, including, but not limited to, price, color, quantity, availability, and description may vary from those shown on the merchant’s Web site. Differences in the terms of an offer between this Web site and a merchant’s site will be governed by the terms shown on the merchant’s site. Carol’s Rose Garden LLC is not responsible or liable for any such differences or discrepancies.
Typographical Errors
This Web site could include technical inaccuracies or typographical errors.
Viruses
All responsibility or liability for any damages caused by viruses contained within the electronic files or at this Web site is disclaimed.
Links to Other Web Sites
This Web site contains links to other Web sites. Carol’s Rose Garden LLC is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by Carol’s Rose Garden LLC. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by Carol’s Rose Garden LLC.
General
These Terms of Use will be governed by and construed in accordance with the laws of the United States of America without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Multnomah County, Oregon, United States of America. Users consent to extraterritorial service of process and submit to the jurisdiction of said courts. To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect. Any waiver of any provisions contained in these Terms of Use by Carol’s Rose Garden LLC shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use.
