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Copyright © 2008 Holey Donuts!® Holding Corp.
Intellectual Property
Reproduction, copying, downloading, or other use of the information
contained on this site is strictly forbidden without the prior written
authorization from Holey Donuts!® Holding Corp.
Terms Of Use:
The use of this site is governed by the policies, terms
and conditions set forth below. Please read them carefully.
By using this site, you agree to these terms of use. If
you do not agree to these terms, you may not use this site.
HoleyDonuts.net reserves the right, at any time, to modify,
alter, or update these Terms of Use, and you agree to be
bound by such modifications, alterations, or updates.
Typographical Errors
In the event a product is listed at an incorrect price due to typographical
error or error in pricing information, HoleyDonuts.net shall have the
right to refuse or cancel any orders placed for product listed at the
incorrect price. HoleyDonuts.net shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed and your credit
card charged. If your credit card has already been charged for the purchase
and your order is canceled, HoleyDonuts.net shall immediately issue a
credit to your credit card.
Disclaimers
All information, services, products, and materials contained on this site,
including text, programming, graphics, and links, are provided on an "as
is" basis with no warranty. To the maximum extent permitted by law, HoleyDonuts.net
disclaims all representations and warranties, express or implied, with
respect to such information, services, products, and materials, including,
but not limited to, warranties of merchantability, fitness for a particular
purpose, title, non-infringement, freedom from computer virus, and implied
warranties arising from course of dealing or course of performance. In
addition, HoleyDonuts.net does not represent or warrant that the information
accessible via this site is accurate, complete or current. Price and availability
information is subject to change without notice.
Dispute Resolution
If any controversy, dispute or claim arising out of or related to your
use of this site arises, the dispute will be resolved exclusively by binding
arbitration in accordance with the commercial arbitration rules of the
American Arbitration Association. However, HoleyDonuts.net will have the
right to petition a court of competent jurisdiction for the entry of injunctions
and orders for specific performance relating to your unauthorized use
of HoleyDonuts.net's trademarks, service marks, copyrights, patents, trade
secrets or other intellectual property (collectively, the "Intellectual
Property") or any act or omission by you that may impair the goodwill
associated with the Intellectual Property:
Enforcement
All litigation, court proceedings, arbitration proceedings, mediation
proceedings, lawsuits, court hearings and other hearings initiated by
you must and will be venued exclusively in New York, New York. This
Terms of Use and the relationship between you and HoleyDonuts.net will
be governed by the laws of the state of New York as if you signed this
Terms of Use in New York. The provisions of this Terms of Use which conflict with or are inconsistent with applicable governing law will be superseded and/or modified by such applicable law only to the extent such provisions are inconsistent.
Limitation on Liability
HoleyDonuts.net will not be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any damages whatsoever, even if HoleyDonuts.net has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations will apply notwithstanding to any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
External Sites
This site may include links to other sites on the Internet that are owned and operated by third party vendors and other third parties. You agree that HoleyDonuts.net is not responsible for the availability of, or the content located on or through, any external site. You should contact the site administrator or Webmaster for those external sites if you have any concerns regarding such links or the content located on such external sites. |
