site policies and terms of use for www.warnersstellian.com
Please read this agreement carefully. It governs the use of the warnersstellian.com website, property of Warners’ Stellian Company, Inc. It exempts Warners’ Stellian and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the website you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the website, you may not use the website. Each time you use the website, the text of this agreement as it then reads will govern your use.
1. THIS IS AN AGREEMENT BETWEEN YOU AND WARNERS’ STELLIAN AND GOVERNS YOUR USE OF THE WEB SITE AND ITS CONTENT AND THE SERVICES AND GOODS PROVIDED THROUGH THE WEB SITE. EACH TIME YOU USE THE WEB SITE YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT, AND THE ACCEPTANCE AND AGREEMENT OF ANY PERSON YOU PURPORT TO REPRESENT (AND FOR PURPOSES OF THIS AGREEMENT, “PERSON” INCLUDES ANY TYPE OF INCORPORATED OR UNINCORPORATED ENTITY), WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THIS AGREEMENT, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THIS AGREEMENT ON BEHALF OF YOURSELF AND ANY PERSON YOU PURPORT TO REPRESENT. IF YOU DO NOT AGREE WITH EACH PROVISION OF THIS AGREEMENT, OR YOU ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THIS AGREEMENT, OR YOU DO NOT HAVE THE LEGAL AUTHORITY TO AGREE TO AND ACCEPT THIS AGREEMENT, YOU MAY NOT USE THE WEB SITE.
2. YOU MAY NOT CHANGE, SUPPLEMENT, OR AMEND THIS AGREEMENT IN ANY MANNER. WARNERS’ STELLIAN MAY, IN ITS SOLE DISCRETION, CHANGE, SUPPLEMENT OR AMEND THIS AGREEMENT AS IT RELATES TO YOUR FUTURE USE OF THE WEB SITE FROM TIME TO TIME, FOR ANY REASON, AND WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON, BY POSTING A REVISED AGREEMENT ON THE WEB SITE.
3. WARNERS’ STELLIAN ENDEAVORS TO PROVIDE CURRENT AND ACCURATE INFORMATION ON THE WEB SITE. NEVERTHELESS, MISPRINTS OR OTHER ERRORS MAY OCCUR. ACCORDINGLY, WARNERS’ STELLIAN RESERVES THE RIGHT TO CHANGE THE PRICES, FEES AND CHARGES REGARDING THE GOODS AND SERVICES AVAILABLE THROUGH THE WEB SITE AT ANY TIME AND FROM TIME TO TIME WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON. ALSO, WARNERS’ STELLIAN CANNOT GUARANTEE THAT GOODS AND SERVICES ADVERTISED ON THE WEB SITE WILL BE AVAILABLE WHEN ORDERED OR THEREAFTER. WARNERS’ STELLIAN ALSO RESERVES THE RIGHT AT ANY TIME TO REJECT, CORRECT, CANCEL OR TERMINATE ANY ORDER. IF YOU ORDER GOODS OR SERVICES FOR WHICH THE PRICE WAS INCORRECTLY DISPLAYED, WARNERS’ STELLIAN WILL PROVIDE YOU WITH AN OPPORTUNITY TO CANCEL YOUR ORDER. IF YOU ORDER GOODS OR SERVICES THAT ARE NOT AVAILABLE, WARNERS’ STELLIAN WILL NOTIFY YOU BY EMAIL. WARNERS’ STELLIAN RESERVES THE RIGHT TO LIMIT QUANTITIES SOLD.
4. THE ADVERTISEMENTS ON THE WEB SITE ARE INVITATIONS FOR PURCHASE ORDERS ONLY, AND ARE NOT OFFERS TO SELL. YOUR PROPERLY COMPLETED AND DELIVERED ORDER FORM CONSTITUTES YOUR OFFER TO PURCHASE THE GOODS OR SERVICES REFERENCED IN YOUR ORDER. YOUR ORDER SHALL ONLY BE DEEMED TO BE ACCEPTED IF AND WHEN WARNERS’ STELLIAN SENDS AN ORDER CONFIRMATION EMAIL TO YOUR EMAIL ADDRESS. IF YOU WISH TO CANCEL AN ORDER, YOU MAY REQUEST A CANCELLATION BY SENDING AN EMAIL TO INFO@WARNERSSTELLIAN.COM. HOWEVER, WARNERS’ STELLIAN MAY NOT RECEIVE AND PROCESS YOUR CANCELLATION REQUEST BEFORE IT ACCEPTS AND PROCESSES YOUR ORDER, IN WHICH CASE YOUR CANCELLATION REQUEST MAY NOT BE EFFECTIVE.
5. THE WEB SITE IS FOR CONVENIENCE AND INFORMATIONAL PURPOSES ONLY. THE WEB SITE IS NOT INTENDED TO BE A COMPREHENSIVE OR DETAILED STATEMENT CONCERNING THE MATTERS ADDRESSED; ADVICE OR RECOMMENDATIONS; OR AN OFFER TO SELL OR BUY ANY PRODUCT OR SERVICE. YOU SHOULD RESEARCH AND/OR SEEK EXPERT ADVICE AND RECOMMENDATIONS BEFORE ACTING OR COMMITTING TO ACT BASED UPON ANY INFORMATION PROVIDED ON OR THROUGH THE WEB SITE.
6.WARNERS’ STELLIAN STRIVES TO MAKE YOUR USE OF THE WEB SITE A USEFUL AND ENJOYABLE EXPERIENCE, AND A SAFE AND EASY WAY TO PURCHASE GOODS AND SERVICES OVER THE INTERNET. NEVERTHELESS, WARNERS’ STELLIAN AND ITS SERVICE PROVIDERS (THE “PROVIDERS”) DO NOT ACCEPT ANY LIABILITY FOR YOUR USE OF THE WEB SITE. FOR THAT REASON, THE FOLLOWING PROVISIONS APPLY TO YOUR USE OF THE WEB SITE:
7. YOUR USE OF THE WEB SITE IS AT YOUR OWN RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE HEREBY DISCLAIMED BY WARNERS’ STELLIAN AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW.
8. YOU (AND NOT WARNERS’ STELLIAN OR THE PROVIDERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY COMPUTER OR OTHER EQUIPMENT ARISING FROM, CONNECTED WITH, OR RELATING TO YOUR USE OF THE WEB SITE.
9. THE OPERATION OF THE WEB SITE MAY BE AFFECTED BY NUMEROUS FACTORS BEYOND WARNERS’ STELLIAN’S CONTROL. THE OPERATION OF THE WEB SITE MAY NOT BE CONTINUOUS OR UNINTERRUPTED OR SECURE. SECURITY AND PRIVACY RISKS CANNOT BE ELIMINATED. WARNERS’ STELLIAN IS UNDER NO OBLIGATION TO VERIFY THE IDENTITY OF USERS OF THE WEB SITE.
10. THROUGH YOUR USE OF THE WEB SITE, YOU MAY HAVE THE OPPORTUNITY TO ENGAGE IN COMMERCIAL TRANSACTIONS WITH OTHER PERSONS. ALL SUCH TRANSACTIONS ARE AT YOUR OWN RISK. WARNERS’ STELLIAN IS NOT A PARTY TO ANY SUCH TRANSACTIONS AND DISCLAIMS ANY AND ALL LIABILITY REGARDING ALL SUCH TRANSACTIONS.
11. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WARNERS’ STELLIAN AND ITS PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION THAT:
(A) THE WEB SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE;
(B) THE WEB SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED;
(C) THE INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE WILL BE ACCURATE, COMPLETE, SEQUENTIAL, OR TIMELY;
(D) CERTAIN OR ANY RESULTS MAY BE OBTAINED THROUGH THE USE OF THE WEB SITE;
(E) THE USE OF THE WEB SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR
(F) THE USE OF THE WEB SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND WARNERS’ STELLIAN AND ITS PROVIDERS DISCLAIM ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW.
12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT WARNERS’ STELLIAN SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, ECONOMIC DAMAGES, DAMAGES FOR LOSS OF INCOME OR PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO: (I) THE USE OR THE INABILITY TO USE THE WEB SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (V) ANY OTHER MATTER RELATING TO THE WEB SITE AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY WARNERS’ STELLIAN OR ANY PROVIDER OR ANY PERSON FOR WHOM WARNERS’ STELLIAN OR ITS PROVIDERS ARE RESPONSIBLE, AND NOTWITHSTANDING THAT WARNERS’ STELLIAN OR ITS PROVIDERS MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
13. YOU HEREBY RELEASE, REMISS AND FOREVER DISCHARGE EACH OF WARNERS’ STELLIAN AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LI CENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE AND KIND WHATSOEVER AND HOWSOEVER ARISING, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER EXIST, WHICH ARISE FROM, RELATE TO, OR ARE CONNECTED WITH YOUR USE OF THE WEB SITE.
14. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EACH OF WARNERS’ STELLIAN AND ITS PROVIDERS AND ALL OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, INFORMATION PROVIDERS, SERVICE PROVIDERS, SUPPLIERS, LI CENSORS AND LICENSEES, AND ALL OTHER RELATED, ASSOCIATED, OR CONNECTED PERSONS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR USE OF THE WEB SITE OR YOUR BREACH OF THIS AGREEMENT. YOU ALSO AGREE TO ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY THE INDEMNIFIED PARTIES IN THE DEFENSE OF ANY SUCH CLAIM OR DEMAND.
15. ADVICE AND INFORMATION PROVIDED BY WARNERS’ STELLIAN OR ITS REPRESENTATIVES, WHETHER ORAL OR WRITTEN, WILL NOT CREATE ANY REPRESENTATION, WARRANTY OR CONDITION OR VARY OR AMEND THIS AGREEMENT, INCLUDING THE ABOVE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY PROVISIONS, AND YOU MAY NOT RELY UPON ANY SUCH ADVICE OR INFORMATION.
16. THE DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE, AND INDEMNITY PROVISIONS IN THIS AGREEMENT SURVIVE INDEFINITELY AFTER THE TERMINATION OF THIS AGREEMENT.
17. (A) WEB SITE ACCOUNTS MAY BE ACCESSED ONLY BY USE OF A UNIQUE LOGIN NAME AND PASSWORD. THE USE OF A PASSWORD DOES NOT RESTRICT ACCESS BY WARNERS’ STELLIAN AND ITS PROVIDERS TO THE PASSWORD-PROTECTED INFORMATION. LOGIN NAMES AND PASSWORDS MAY NOT BE SHARED. FOR SECURITY REASONS, YOU MUST KEEP YOUR LOGIN NAME AND PASSWORD CONFIDENTIAL AND NOT DISCLOSE THEM TO ANY PERSON OR PERMIT ANY OTHER PERSON TO USE THEM, EXCEPT AN AUTHORIZED WARNERS’ STELLIAN REPRESENTATIVE.
(B) ALSO, PASSWORDS MUST BE NON-OBVIOUS, HARD-TO-GUESS, CONFIDENTIAL, AND CHANGED ON A REGULAR BASIS, AND YOU MUST LOG-OUT OR CLOSE YOUR BROWSER AT THE END OF EACH SESSION.
(C) YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY USE AND MISUSE OF YOUR LOGIN NAME AND PASSWORD AND FOR ALL ACTIVITIES THAT OCCUR UNDER YOUR LOGIN NAME AND PASSWORD. YOU MUST ENSURE THAT ALL USES OF YOUR LOGIN NAME AND PASSWORD COMPLY WITH THIS AGREEMENT.
(D) YOU MUST IMMEDIATELY NOTIFY WARNERS’ STELLIAN OF ANY UNAUTHORIZED USE OF YOUR LOGIN NAME OR PASSWORD, OR IF YOU KNOW OR SUSPECT THAT YOUR LOGIN NAME OR PASSWORD HAS BEEN LOST OR STOLEN, HAS BECOME KNOWN TO ANY OTHER PERSON, OR HAS BEEN OTHERWISE COMPROMISED.
(E) ALL LOGIN NAMES AND PASSWORDS REMAIN THE PROPERTY OF WARNERS’ STELLIAN, AND MAY BE CANCELLED OR SUSPENDED AT ANY TIME BY WARNERS’ STELLIAN WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON. WARNERS’ STELLIAN IS NOT UNDER ANY OBLIGATION TO VERIFY THE ACTUAL IDENTITY OR AUTHORITY OF THE USER OF ANY LOGIN NAME OR PASSWORD.
(F) YOU MUST RESPOND PROMPTLY TO ALL EMAIL AND OTHER CORRESPONDENCE FROM WARNERS’ STELLIAN, INCLUDING WITHOUT LIMITATION EMAIL AND CORRESPONDENCE CONCERNING COMPLAINTS OR CONCERNS REGARDING YOUR USE OF YOUR LOGIN NAME OR PASSWORD OR YOUR USE OF THE WEB SITE.
(G) THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK.
18. (A) IF YOU BREACH ANY PROVISION OF THIS AGREEMENT, YOU MAY NO LONGER USE THE WEB SITE.
(B) WARNERS’ STELLIAN MAY, IN ITS SOLE DISCRETION, CHANGE, SUSPEND OR TERMINATE, TEMPORARILY OR PERMANENTLY, THE WEB SITE OR ANY PART OF IT OR ANY OF ITS FEATURES AT ANY TIME, FOR ANY REASON, WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON.
(C) WARNERS’ STELLIAN MAY AT ANY TIME AND FOR ANY REASON, WITH OR WITHOUT CAUSE, AND IN ITS SOLE DISCRETION, IMMEDIATELY SUSPEND OR TERMINATE (IN WHOLE OR IN PART) YOUR PERMISSION TO USE THE WEB SITE AND YOUR LOGIN NAME AND PASSWORD, ALL WITHOUT ANY NOTICE OR LIABILITY TO YOU OR ANY OTHER PERSON.
(D) IF THIS AGREEMENT OR YOUR PERMISSION TO USE THE WEB SITE IS TERMINATED BY YOU OR WARNERS’ STELLIAN FOR ANY REASON, THIS AGREEMENT WILL NEVERTHELESS CONTINUE TO APPLY AND BE BINDING UPON YOU IN RESPECT OF YOUR PRIOR USE OF THE WEB SITE AND YOUR PURCHASES OF GOODS AND SERVICES THROUGH THE WEB SITE AND ANYTHING CONNECTED WITH, RELATING TO OR ARISING FROM SUCH USE AND/OR PURCHASES.
19. (A) ALL INFORMATION YOU PROVIDE THROUGH THE WEB SITE, INCLUDING REGISTRATION INFORMATION (NAME AND EMAIL ADDRESS), PAYMENT INFORMATION (CREDIT CARD NUMBERS AND EXPIRATION DATES), AND TRANSACTION-RELATED INFORMATION, MUST BE TRUE, ACCURATE, CURRENT AND COMPLETE. YOU MUST UPDATE YOUR REGISTRATION INFORMATION WITHIN 30 DAYS OF ANY CHANGE.
(B) WARNERS’ STELLIAN WILL RELY ON THE INFORMATION YOU PROVIDE. YOU WILL BE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL LOSS, DAMAGE, AND ADDITIONAL COSTS THAT YOU, WARNERS’ STELLIAN OR ANY OTHER PERSON MAY INCUR AS A RESULT OF YOUR SUBMISSION OF ANY FALSE, INCORRECT OR INCOMPLETE INFORMATION OR YOUR FAILURE TO UPDATE YOUR REGISTRATION INFORMATION WITHIN 30 DAYS OF ANY CHANGE. WARNERS’ STELLIAN MAY REQUIRE A COPY OF A GOVERNMENT-ISSUED FORM OF IDENTIFICATION BEFORE MAKING ANY CHANGES TO YOUR REGISTRATION INFORMATION.
20. (A) THE WEB SITE AND ALL INFORMATION (IN TEXT, GRAPHICAL, VIDEO AND AUDIO FORMS), IMAGES, ICONS, SOFTWARE, DESIGN, APPLICATIONS AND OTHER ELEMENTS AVAILABLE ON OR THROUGH THE WEB SITE ARE THE PROPERTY OF WARNERS’ STELLIAN OR ITS PROVIDERS AND OTHERS, AND ARE PROTECTED BY U.S.A. AND INTERNATIONAL COPYRIGHT, TRADE-MARK, AND OTHER LAWS. YOUR USE OF THE WEB SITE DOES NOT TRANSFER TO YOU ANY OWNERSHIP OR OTHER RIGHTS IN THE WEB SITE OR ITS CONTENT. YOU MAY ONLY USE THE WEB SITE IN THE MANNER DESCRIBED SPECIFICALLY IN THIS AGREEMENT.
(B) THE WEB SITE MAY NOT BE USED FOR ANY PURPOSE NOT EXPRESSLY PERMITTED BY THIS AGREEMENT. IN PARTICULAR, EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, THE WEB SITE MAY NOT BE COPIED, IMITATED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, MODIFIED, OR DISTRIBUTED IN ANY WAY, IN WHOLE OR IN PART, WITHOUT THE EXPRESS PRIOR WRITTEN CONSENT OF WARNERS’ STELLIAN. YOU MAY NOT USE ANY OF THE SOFTWARE THAT IS USED IN THE OPERATION OF THE WEB SITE EXCEPT WHILE YOU ARE USING THE WEB SITE. YOU MAY NOT REPRODUCE, COPY, DUPLICATE, SELL, OR RESELL ANY PART OF THE WEB SITE (INCLUDING THE SOFTWARE USED IN THE OPERATION OF THE WEB SITE) OR ACCESS TO THE WEB SITE.
(C) THE WEB SITE IS MADE AVAILABLE TO YOU FOR YOUR LAWFUL USE ONLY. YOU MAY ACCESS AND BROWSE THE WEB SITE USING COMMERCIALLY AVAILABLE, SSL-CAPABLE WEB BROWSER SOFTWARE. YOU MAY PRINT OR DOWNLOAD THE PAGES OF THE WEB SITE FOR YOUR PERSONAL USE PROVIDED THAT YOU DO NOT MODIFY ANY OF THE WEB SITE PAGES OR OTHER CONTENT AND YOU DO NOT REMOVE OR ALTER ANY VISIBLE OR NON-VISIBLE IDENTIFICATION, MARKS, NOTICES, OR DISCLAIMERS.
(D) WARNERS’ STELLIAN COLLECTS, USES, AND DISCLOSES YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE WARNERS’ STELLIAN PRIVACY POLICY (THE “PRIVACY POLICY”), WHICH IS AVAILABLE BY CLICKING HERE. WARNERS’ STELLIAN MAY CHANGE THE PRIVACY POLICY FROM TIME TO TIME AT ITS SOLE DISCRETION. BY ACCEPTING THIS AGREEMENT, AND EACH TIME YOU USE THE WEB SITE, YOU CONSENT TO WARNERS’ STELLIAN’S COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THE PRIVACY POLICY AS IT THEN EXISTS WITHOUT ANY FURTHER NOTICE OR ANY LIABILITY TO YOU OR ANY OTHER PERSON
21. THE WEB SITE MAY INCLUDE ADVERTISEMENTS FOR, AND LINKS TO, OTHER WEB SITES OR RESOURCES AND BUSINESSES OPERATED BY OTHER PERSONS (COLLECTIVELY, “OTHER SITES”). OTHER SITES ARE INDEPENDENT FROM WARNERS’ STELLIAN, AND WARNERS’ STELLIAN HAS NO RESPONSIBILITY OR LIABILITY FOR OR CONTROL OVER OTHER SITES, THEIR BUSINESS, GOODS, SERVICES, OR CONTENT. LINKS TO OTHER SITES ARE PROVIDED SOLELY FOR YOUR CONVENIENCE. WARNERS’ STELLIAN DOES NOT SPONSOR OR ENDORSE ANY OTHER SITES OR THEIR CONTENT OR THE GOODS OR SERVICES AVAILABLE THROUGH THOSE OTHER SITES. YOUR USE OF OTHER SITES AND YOUR DEALINGS WITH THE OWNERS OR OPERATORS OF OTHER SITES IS AT YOUR OWN RISK, AND YOU SHALL NOT MAKE ANY CLAIM AGAINST WARNERS’ STELLIAN ARISING OUT OF YOUR USE OF ANY OTHER SITES OR YOUR DEALINGS WITH THE OWNERS OR OPERATORS OF ANY OTHER SITES. AS BETWEEN YOU AND WARNERS’ STELLIAN, THE PROVISIONS OF THIS AGREEMENT UNDER THE SECTION HEADED DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY APPLY, WITH ALL NECESSARY MODIFICATIONS, TO YOUR ACCESS TO AND USE OF ANY OTHER SITES AND THEIR BUSINESS, GOODS, SERVICES, AND CONTENT.
22. LINKS TO THE WEB SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF WARNERS’ STELLIAN ARE STRICTLY PROHIBITED. TO REQUEST PERMISSION TO LINK TO THE WEB SITE, PLEASE CONTACT INFO@WARNERSSTELLIAN.COM. WARNERS’ STELLIAN RESERVES THE RIGHT TO CANCEL AND REVOKE ANY PERMISSION IT MAY GIVE TO LINK TO THE WEB SITE AT ANY TIME, FOR ANY REASON, WITHOUT ANY NOTICE, AND WITHOUT ANY LIABILITY TO YOU OR ANY OTHER PERSON. THE FRAMING OF THE WEB SITE OR ANY OF ITS CONTENT IN ANY FORM AND BY ANY METHOD IS STRICTLY PROHIBITED.
23. THE WEB SITE IS CONTROLLED BY WARNERS’ STELLIAN COMPANY, INCORPORATED, HEADQUARTERED IN THE CITY OF ST. PAUL, IN THE STATE OF MINNESOTA. THIS AGREEMENT, YOUR USE OF THE WEB SITE, AND ALL RELATED MATTERS ARE GOVERNED SOLELY BY THE LAWS OF THE STATE OF MINNESOTA AND APPLICABLE U.S. LAWS, EXCLUDING ANY RULES OF PRIVATE INTERNATIONAL LAW OR THE CONFLICT OF LAWS WHICH WOULD LEAD TO THE APPLICATION OF ANY OTHER LAWS. YOU AGREE THAT THE UNITED NATIONS CONVENTION FOR THE INTERNATIONAL SALE OF GOODS, AND ANY LOCAL IMPLEMENTING LEGISLATION, SHALL NOT APPLY TO THIS AGREEMENT.
24. YOU AGREE TO WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST US RELATED TO ANY CLAIM (AS DEFINED BELOW) AND, WHERE APPLICABLE, YOU ALSO AGREE TO OPT OUT OF ANY CLASS PROCEEDINGS AGAINST US.
25. ANY DISPUTE BETWEEN WARNERS’ STELLIAN AND YOU OR ANY OTHER PERSON ARISING FROM, CONNECTED WITH OR RELATING TO THE WEB SITE, THIS AGREEMENT OR ANY RELATED MATTERS MUST BE RESOLVED BEFORE THE COURTS OF THE STATE OF MINNESOTA AND YOU HEREBY IRREVOCABLY SUBMIT AND ATTORN TO THE ORIGINAL AND EXCLUSIVE JURISDICTION OF THOSE COURTS IN RESPECT OF ANY SUCH DISPUTE OR MATTER.
26. “WARNERS’ STELLIAN” AND “WARNERSSTELLIAN” ARE TRADE-MARKS AND TRADE NAMES OWNED BY WARNERS’ STELLIAN COMPANY, INC. OTHER PRODUCT AND COMPANY NAMES AND LOGOS APPEARING ON THE WEB SITE MAY BE REGISTERED OR UNREGISTERED TRADE-NAMES, TRADE-MARKS, SERVICE-MARKS AND COPYRIGHT OF THEIR RESPECTIVE OWNERS.
27. ANY USE OF THE TRADE-NAMES, TRADE-MARKS, SERVICE-MARKS AND LOGOS (COLLECTIVELY “MARKS”) DISPLAYED ON THE WEB SITE, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, IS STRICTLY PROHIBITED. NOTHING APPEARING ON THE WEB SITE OR ELSEWHERE SHALL BE CONSTRUED AS GRANTING, BY IMPLICATION OR OTHERWISE, ANY LICENCE OR RIGHT TO USE ANY MARKS DISPLAYED ON THE WEB SITE. THE USE ON THIS SITE BY ANY PERSON OF ANY DATA MINING, DATA SCRAPING, ROBOT OR SIMILAR PROCESS, DEVICE, SOFTWARE OR SIMILAR OR RELATED TECHNOLOGY IS STRICTLY PROHIBITED.