complete terms and conditions that apply to an individual's or entity's use
of GODZOOKS site. As used in this Agreement, "We," "Us" or "Our"
refers to GODZOOKS, and "You" or
"Your" refers to the user. "Site" means any GODZOOKS site posted on
the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our
Site constitutes Your acceptance of these terms and conditions and Your waiver
of any and all claims against GODZOOKS, its
parents, subsidiaries, affiliates, contractors, agents, officers, directors or
employees arising out of Your use of Our Site or any materials, information,
opinions or recommendations contained on Our Site.
time and in Our sole discretion, by posting a change notice or a new user
agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY
RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED USE OF OUR SITE
ACCEPTANCE OF THE CHANGE.
included on Our Site, such as text, graphics, logos, button icons, images, audio
clips and software, is Our property or that of Our content suppliers and is
protected by U.S. and international copyright laws. The compilation (meaning the
collection, arrangement and assembly) of all content on Our Site is Our property
protected by U.S. and international copyright laws. All software used on Our
Site is Our property or that of Our software suppliers and is protected by U.S.
and international copyright laws. You may electronically copy and print in hard
copy portions of Our Site for the limited purpose of placing an order with Us or
using it as a shopping resource. Any other use-including reproduction for
purposes other than those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without Our prior
written permission is strictly prohibited.
copying of the software, or failure to comply with the above restrictions, may
result in severe civil and criminal penalties. Unauthorized duplication of the
software constitutes copyright infringement and, in the United States, is
punishable in a federal criminal action by a fine of up to U.S.$250,000 and
imprisonment for up to five (5) years. In addition, federal civil penalties
allow the recovery of actual damages based on the number of copies produced plus
the profits of the infringer, or statutory damages of up to U.S.$100,000 for
willful copyright infringement.
WE PROVIDE OUR SITE ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES
WITH RESPECT TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE
OR MATERIALS AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT
OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO
REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION
OR ERRORS. FURTHER, WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS
PROVIDED THROUGH OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited
material, product suggestions or original or creative ideas (collectively,
"Materials") submitted through Our Site. If despite this policy you submit any
such Materials, We will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure of such
Materials. Without limitation, We will own the exclusive rights to the Materials
and will be entitled to unrestricted use of the Materials for any purpose,
commercial or otherwise, without compensation to the submitter of such
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS OR
DATA) OF ANY KIND ARISING IN CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID
US BY YOU IF ANY, FOR ACCESSING OUR SITE.
will defend and hold harmless GODZOOKS, its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and employees
against all claims, losses, damages, liabilities, costs and expenses (including
reasonable attorneys' fees and costs) made due to or arising out of a violation
any claim arising out of unauthorized links to Our Site.
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance
it will not be construed as a waiver of any provision or right; rather, the same
will be and remain in full force and effect.
8.2 Choice of Law. These
accordance with the laws of the State of Washington to the exclusion of any
other law which may be imputed in accordance with choice of law rules applicable
in any jurisdiction. The 1980 U.N. Convention on Contracts for the International
hereunder, You irrevocably consent to the jurisdiction and venue of any state or
federal court sitting in King County, Washington, USA, and You will not commence
any other jurisdiction.
8.3 English Language Governs. It is the
C'est la volonté explicite des parties que ces termes d'usage soient rédiger en
interpreted or construed to create or evidence a partnership, joint venture or
franchise relationship among the parties or as imposing any partnership or
franchiser obligation or liability on either party.
8.5 Compliance With
Laws. You will comply at Your own expense with all statutes, regulations, rules,
ordinances and orders of any governmental body, department or agency that apply
to or result from Your use of Our Site.
8.6. Severability. If any
unenforceable, then that provision will be deemed severable from and will not
affect the validity and enforceability of any remaining provisions.
6001 W WACO DRIVE