TERMS AND CONDITIONS
Welcome to AnnettaPowell.com! This site is provided as a service to our Members. Please review the following basic rules, terms and conditions that govern the use of our site (the “Agreement”). Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of this site and thereby bypass this Agreement, your use of this site still binds you to the terms.
Since AnnettaPowell.com may revise this Agreement at any time, you should visit this page periodically to review the terms of your use. At AnnettaPowell.com, we reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the AnnettaPowell.com Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site.
COPYRIGHTS and TRADEMARKS
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips and written and other materials that are part of this site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by AnnettaPowell.com, one of its affiliates or by third parties who have licensed their materials to AnnettaPowell.com and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of AnnettaPowell.com and is also protected by U.S. and international copyright laws.
USE OF THIS SITE
This site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the site or any related software. All software used on this site is the property of AnnettaPowell.com or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
All feedback and other submissions disclosed, submitted or offered to AnnettaPowell.com on or by this site or otherwise disclosed, submitted or offered in connection with your use of this site (collectively, the “Comments”) shall be and remain AnnettaPowell.com ‘s property. Such disclosure, submission or offer of any Comments shall constitute an assignment to AnnettaPowell.com of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, AnnettaPowell.com will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. AnnettaPowell.com is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the AnnettaPowell.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) submitted by you shall be and remain the exclusive property of AnnettaPowell.com. Your submission of any such Comments shall constitute an assignment to AnnettaPowell.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. AnnettaPowell.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way.
Visitors shall use AnnettaPowell.com for lawful purposes only. Visitors shall not post or transmit through AnnettaPowell.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without AnnettaPowell.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a visitor that in AnnettaPowell.com’s discretion restricts or inhibits any other visitor from using or enjoying AnnettaPowell.com will not be permitted. Visitors shall not use AnnettaPowell.com to advertise or perform any commercial solicitation.
We have made every effort to display as accurately as possible the colors of our products that appear at the site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
You agree to defend, indemnify and hold AnnettaPowell.com harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
THIS SITE IS PROVIDED BY AnnettaPowell.com ON AN “AS IS” BASIS. AnnettaPowell.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AnnettaPowell.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AnnettaPowell.com 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. WITHOUT LIMITING THE FOREGOING, AnnettaPowell.com DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL AnnettaPowell.com OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE AnnettaPowell.com WEB SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF AnnettaPowell.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE AnnettaPowell.com TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AnnettaPowell.com WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE AnnettaPowell.com WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF AnnettaPowell.com UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).