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Copyright and Trademark Notice Unless otherwise noted, the contents of this web site are the copyrighted property of The Barn, Randy Rovang, Piotr Kaminski and OSCommerce. Duplication of content and/or images contained within this web site without the express written consent of The Barn is forbidden. Use of this web site constitutes users' acceptance of the following: This web site is owned and provided by The Barn Candle Company Inc. (“The Barn”). All services provided by The Barn through this web site are provided subject to the following terms and conditions. By using this web site users indicate their acceptance of these terms and conditions and agree that they will be bound by and subject to these terms and conditions. In the event of a violation of any of these terms and conditions, The Barn reserves the right to deny future access to this web site and to seek all remedies available by law and in equity. Trademarks, Copyright, etc. This web site is owned and operated by The Barn. The material included herein, including without limitation all content, text, graphics, artwork, photographs, site design, logos, icons, images, audio or video clips, code, scripts and software (collectively, the “Materials”), is the property of The Barn and/or its content suppliers and is protected by the trademark, copyright and other intellectual property laws of the United States and other countries. The selection, arrangement and compilation of all of the foregoing in the manner depicted is also the property of The Barn and is protected by said laws. All rights are expressly reserved. The Barn retains all rights to its trademarks, trade names, brand names, trade dress and other such intellectual property, which are registered and/or common law trademarks of The Barn in the United States and in other countries. These trademarks, together with all associated service marks, slogans and other Barn product names, graphics, logos, service names and custom icons are included within the intellectual property of The Barn and all rights thereto are expressly reserved. The Barn’s trademarks and intellectual property may not be used by any third party without the express written permission of The Barn and, without limiting the foregoing, may not be used in connection with any product or service or in any manner that is likely to or may dilute the strength of the trademark, disparage or discredit The Barn or its products and services, or cause confusion among consumers. Metatags, Hidden Text, Linking or Framing The Barn expressly prohibits any use of its trademarks, trade names or brand names in metatags, keywords and/or hidden text. The use of its trademarks, trade names or brand names in metatags, keywords or hidden text constitutes trademark infringement, and the use of any of the foregoing for purposes of gaining higher rankings in search engines constitutes unfair competition. Linking to this web site, or any page or portion thereof, without the prior written consent of The Barn is expressly prohibited. Likewise, framing, in-line linking or other methods of association of the The Barn Website or other web sites owned by The Barn is expressly prohibited. Subject to Change The Barn reserves the right to make changes or modifications to this web site or to any of the terms, conditions, disclaimers and policies referenced herein, and to add or remove any portion of the site, including any portion of these terms and conditions, at any time, in its sole discretion and without notice. All such changes shall be effective immediately upon posting. Users should review these terms and conditions frequently, as use of the web site following any changes to these terms and conditions shall constitute acceptance of and agreement to be bound by the revised terms and conditions whether or not users have actually reviewed them. The Barn may in its sole discretion terminate, suspend or discontinue any aspect of the web site, including the availability of any features or products, at any time and without notice or liability. The Barn may also restrict access to all or any portion of the web site without notice or liability. Products and Prices Without limiting the generality of the foregoing section (subject to change), the price and availability of any products contained or referenced on this web site is subject to change at any time and without notice. As noted elsewhere herein, The Barn is not responsible for any typographical errors, which specifically includes those relating to the price or size of an item. All prices displayed on this site apply only to the products and services available on the web site and may not necessarily reflect the prices of such products or services, or similar items, available through our retail stores, catalogs or otherwise. Prices are at all times subject to availability and nothing herein shall constitute an “offer to sell.” We at all times reserve the right to limit the quantity of any item sold or to refuse a requested order altogether. Without limiting the generality of the foregoing, we specifically reserve the right to refuse to sell to any person or entity known or believed by us to be a reseller of our products. The receipt of an e-mail confirmation of an order is simply an acknowledgement that we have received a requested order and does not constitute an offer to sell. Applicable Law This web site is created, controlled and maintained by The Barn. Accordingly, the laws of the Commonwealth of Nebraska shall in all events govern any disputes relating to this web site, including those relating to any transaction conducted hereon, and shall likewise govern the terms, conditions, disclaimers, policies and notices contained herein, all without giving effect to any conflict of laws principles. The Barn makes no representations as to the compliance of the web site or its terms and conditions with any applicable law. If users choose to access the web site from outside of the United States they do so at their own risk and are responsible for compliance with all applicable laws. Users may not use the web site in violation of U.S. export laws. By using this web site, including by virtue of purchasing products hereon, users agree to submit to the jurisdiction of the Commonwealth of Neberaska and agree that it shall serve as the sole and exclusive venue for any disputes relating to this web site. Any claim or cause of action brought by users with respect to matters related to the web site, including these terms and conditions, must be brought in a state or federal court located in the Commonwealth of Nebraska and must be commenced no later than one year after the claim arises. If any provision of these terms and conditions is deemed to be void, unlawful or unenforceable for any reason, all other provisions contained herein shall remain in full force and effect. These terms and conditions constitute the entire agreement between the parties as to matters relating to this web site and may only be modified by a writing signed by both parties. Disclaimer of Warranties This web site and the materials, content, and products provided herein are provided on an "as is" and "as available" basis. The Barn makes no repsresentations or warranties of any kind or nature whatsoever, either express or implied, as to the operation of this web site or the content, materials, products, and services provided, and expressly disclaims to the fullest extent allowed by law all warranties, whether express or implied, including without limitation all warranties of merchantability, fitness for a particular purpose, title, or noninfringement or any warranty or representation that the operations and functions of this web site shall be uninterrupted or error free or that any defects will be corrected. Where applicable law does not allow the exclusion of implied warranties, the foregoing exclusions may not apply. Without limiting the generality of the foregoing, this web site and the Materials contained herein may contain inaccuracies and typographical errors. The Barn does not warrant the accuracy or the completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through this web site. Any reliance on any of the foregoing shall be at users' sole risk. Disclaimer of Liability In no event shall The Barn, or any of its officers, directors, employees, distributors, affiliates, subsidiaries, agents, or representatives be in any way liable to any part for any direct, indirect, special, punitive, consequential, or exemplary damages, or any other damages whatsoever arising from or relating to the use or inability to use this site or its content, materials, and functions, or of any linked web site, or otherwise related hereto, regardless of whether the same are foreseeable or if The Barn was advised of the possibility of such damages. |
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