The Flea-Market-Vendor-Resources Web Site (the "Site") is an online information service provided by Melissa Oaks. Your use of the Flea-Market-Vendor-Resources web site is subject to your compliance with the terms and conditions set forth
below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING
OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO
BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU
DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU
MAY NOT ACCESS OR USE THE SITE. MELISSA OAKS MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE
EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT
ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO
BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR
USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF
THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owners of the copyrights and trademarks are Flea-Market-Vendor-Resources, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to Flea-Market-Vendor-Resources a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups), through forms submitted or by email to Flea-Market-Vendor-Resources by all means and in any media now known or hereafter developed. You also grant to Flea-Market-Vendor-Resources the right to use your name in connection with
the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Flea-Market-Vendor-Resources for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Flea-Market-Vendor-Resources.
content or services referenced herein or on the Site are the exclusive trademarks
or servicemarks of
Flea-Market-Vendor-Resources. Other product and company names
mentioned in the Site may be the trademarks of their respective
Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Flea-Market-Vendor-Resources, Flea-Market-Vendor-Resources does not operate, control or endorse any information, products or services on the Internet in any way. Except for Flea-Market-Vendor-Resources-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Flea-Market-Vendor-Resources. You also understand that Flea-Market-Vendor-Resources cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You understand that we control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. MELISSA OAKS PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS
WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF
TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH
REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET
GENERALLY, AND FLEA-MARKET-VENDOR-RESOURCES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
FLEA-MARKET-VENDOR-RESOURCES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE
WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED
MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
FLEA-MARKET-VENDOR-RESOURCES HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL FLEA-MARKET-VENDOR-RESOURCES
BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS
INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR
ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH
INFORMATION OR SERVICE. EVEN IF FLEA-MARKET-VENDOR-RESOURCES OR ITS
AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE
AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, FLEA-MARKET-VENDOR-RESOURCES' LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
Flea-Market-Vendor-Resources makes no representations whatsoever about any other
web site which you may access through this one or which may link to
this Site. When you access a non-Flea-Market-Vendor-Resources web site, please
understand that it is independent from Flea-Market-Vendor-Resources, and that
Flea-Market-Vendor-Resources has no control over the content on that web site. In
addition, a link to a Flea-Market-Vendor-Resources web site does not mean that
Flea-Market-Vendor-Resources endorses or accepts any responsibility for the content,
or the use, of such web site.
You agree to indemnify, defend and hold harmless Flea-Market-Vendor-Resources, its
officers, directors, employees, agents, licensors, suppliers and any
third party information providers to the Service from and against all
losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of Flea-Market-Vendor-Resources and its
officers, directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
Any disputes arising from this Agreement shall be governed and construed in accordance with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree that any legal
action or proceeding between Flea-Market-Vendor-Resources and you for any purpose
concerning this Agreement or the parties' obligations hereunder
shall be brought exclusively in a federal or state court of competent
jurisdiction sitting in The United States of America . Any cause of action or claim you
may have with respect to the Service must be commenced within one
(1) year after the claim or cause of action arises or such claim or
cause of action is barred. Flea-Market-Vendor-Resources' failure to insist upon or
enforce strict performance of any provision of this Agreement 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 this Agreement. Flea-Market-Vendor-Resources may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.