Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site (the PRIMROSE Website or the Website, as defined herein) agree that access to and use of this site are subject to the following terms and conditions and other applicable law (the "Terms"). The term "PRIMROSE," "we," "us," or "our" herein refers to Primrose Hill Press, Inc. If you do not agree to the Terms, please do not use this site. Accessing, browsing or using this website is a privilege subject to the Terms and indicates your agreement and acceptance of these Terms. By using the PRIMROSE Website, you are agreeing to be bound by these Terms. If you do not accept these Terms, do not use this website. These Terms are subject to change. PRIMROSE reserves the right to modify the Terms at any time with or without notice to you. The most current version of the Terms may be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of these web pages. Such changes are effective immediately upon posting on this website and you are deemed to receive notice of such revisions at the time of posting, and are bound by any such changes to the Terms. PRIMROSE reserves the right to revoke any or all access and use authorizations granted to you in regards to this website. The information contained on this website, including all web page documents, images, audio and video files, all data and all content (the "Site" or "Website") is provided for your use conditional upon your acceptance without modification of the Terms. PRIMROSE provides you with access to a variety of resources, including but not limited to product and service information and product and service purchasing (collectively "Services"). Headings and captions herein are used for convenience only and should not be relied upon. You must read all Terms and Conditions prior to use of this Site.
USE LIMITATION
You may download material from the Website only for your own personal, non-commercial use. While we encourage you to download and print information to help you understand our Services and shop for our products, unless otherwise specified, no material on this Website, including but not limited to the content of the Website, may be modified, copied, downloaded, transmitted, distributed, performed, reproduced, published, licensed, transferred, sold, commercially or otherwise exploited, used to create works from or used in any other way, except with prior written permission of PRIMROSE and with express attribution to PRIMROSE. You may not alter or attempt to alter any material on the Website, or the Website itself. You also may not, without our permission, "mirror" any material contained on this Website or any other server. You may not create a link to the Website without first obtaining our written permission. Any unauthorized use of any material contained on this Website may violate copyright laws, trademark laws, laws of privacy and publicity, and communication regulations and statutes. You represent and agree that you are at least 18 years of age, and that if you are younger than 18, you will not use this Website.
NO UNLAWFUL OR PROHIBITED USE
Please feel free to browse the Website; however, your access and use of the Website is subject to these Terms and all applicable laws. You may not use the Website in any manner that could disable, overburden, or impair any PRIMROSE server, or interfere with any other person's use and enjoyment of the Website, other accounts, computer systems or networks connected to any PRIMROSE server or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. Your rights to use this Website may be further limited by international law, federal law or the laws or regulations in your particular country, state or locality. PRIMROSE may, in its sole discretion, and at any time, modify or discontinue the Website, or limit, terminate or suspend your use of the Website, although PRIMROSE is under no obligation to do so.
OWNERSHIP, TRADEMARK AND COPYRIGHT
Individual elements of, and the entire content of this website, as a collective work or otherwise, including but not limited to text, graphics, images, design and code, are copyrighted and are owned and operated by PRIMROSE. The collective work includes works that are licensed to Primrose Hill Press, Inc. You agree and acknowledge, in addition to the other statements with respect to PRIMROSE'S intellectual property ownership contained in these Terms, that PRIMROSE is the owner or licensee of all rights in this Website and the materials that appear on the Website and that you will not challenge those rights or do anything that might impair or damage those rights. This Website is protected by copyright, trademark and other laws of the United States and other countries. Any unauthorized use of any material on this Website may violate such laws. The trademarks, logos and service marks used and displayed on this Website (the “Trademarks”), are registered and unregistered trademarks owned or licensed by PRIMROSE. Under no circumstances may you use any of the Trademarks displayed on this Website, or any other content on the Website, except as provided in these Terms. Any other use is strictly prohibited and PRIMROSE will take all necessary action to enforce its rights. Nothing on this Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademarks without the written permission of the Trademark owner. You should assume that everything you see or read on, or download from, this Website is copyrighted by PRIMROSE or is licensed by PRIMROSE, and may not be used except as provided in these Terms. If you make any permitted (by other provisions of these Terms) copies of the Website, or portions of the Website, such copies must include the appropriate copyright, trademark, or other proprietary notices. If you modify or use the materials for any other purpose, you will be violating the intellectual property rights of PRIMROSE, which it vigorously protects. PRIMROSE respects the intellectual property rights of others. If you believe that any of your work was copied by another, in a way that infringes your copyrights, and is posted on this Website, please provide PRIMROSE with the following information: 1) a description of your work that you believe was infringed; 2) a description of the work believed to be infringing and where it appears on the Website; and 3) your contact information – name, address, telephone number and e-mail address. This information should be accompanied by a statement that you believe, in good faith, that the infringing use is not authorized, and that, under penalty of perjury, all of the information you provide in this notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. This notice should be signed and provided to PRIMROSE's designated copyright agent as set forth below:
Primrose Hill Press, Inc.
155 Mount Rock Road
Newville, Pennsylvania 17241 U.S.A.
[email protected] 717-776-3747
INFORMATION PROVIDED BY YOU
We do not want you to, and you agree through the use of this Website that you will not, send any confidential or proprietary information belonging to you or any other entity to us unless specifically requested by us. Any material information or idea you transmit to or post on this Website by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by PRIMROSE or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services. Any contact or communication which you may make with us or our employees via this Website must be for PRIMROSE business-related purposes and all such communications are property of PRIMROSE, and subject to review and monitoring by us. You are prohibited from posting or transmitting to this Website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law. You understand that information transmitted over public networks may be accessed by third parties and PRIMROSE will not be liable for any such unauthorized disclosure.
THIRD PARTY CONTENT AND LINKED WEBSITES
This Website may contain links to (or information regarding) other sites created and maintained by other organizations, juridical persons or individuals ("Person or Persons"), which may or may not be related to PRIMROSE. These links and information are provided for your convenience and are for reference only and you agree that the links do not imply that PRIMROSE is affiliated or associated with, or endorses, the linked site, information or Persons, that such links are safe to use (i.e. that such links or sites have not been compromised by security or other issues) or that any linked site is authorized to use any trademark, trade name, logo or copyright of PRIMROSE. PRIMROSE makes no representation about any other site or Person that you may access through its Website or otherwise contact and is not responsible for the contents of any other site and is not responsible for any losses or other injury incurred by you whatsoever from accessing such other websites or communicating with other Persons mentioned on the Primrose Website. PRIMROSE makes no representations whatsoever about the suitability or reliability of other websites or persons referenced in the Primrose Website. PRIMROSE does not endorse any products or services offered by any Person linked to its Website or mentioned in its Website. You may not create a link to the Website without first obtaining our written permission. Linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, PRIMROSE seeks to protect the integrity of its Website and the links placed upon it and therefore requests any feedback on not only its own site, but on sites it links to as well (including if a specific link does not work).
CHAT ROOMS, BULLETIN BOARDS AND CONSUMER FORUMS
This site may include unmonitored forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. These forums are provided by PRIMROSE as a service and convenience to its visitors. You should, however, understand the risks involved with using these types of forums. Therefore, before you can participate in any chat room, bulletin board or consumer forum on this Website, it is important that you read, understand and agree to the following terms and conditions and all of the Terms on this Website. You agree that you will not upload any material to this Website that infringes any proprietary right, including, but not limited to, copyrights or trademarks. You also agree not to upload (or in any way display or publish, whether through chat rooms or otherwise) any material that is obscene, libelous, defamatory, harassing, threatening, illegal, hateful, or racially, ethnically or otherwise objectionable or material which would give rise to liability or material with commercial content. You also agree not to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity. You agree not to "stalk" or otherwise harass another or store personal data about other users. You agree not to disseminate unsolicited advertising or promotional material of any kind. The text and other material contained in chat rooms, bulletin boards, consumer forums or other services, or in the books and other publications or products sold by PRIMROSE on the Website are the opinion of the specific author and are not statements of advice, opinion, or information of PRIMROSE. PRIMROSE does not screen, review or control the information and listings posted by users, nor does it screen, review, or control any of the people who participate. PRIMROSE is not responsible for the information or material provided on this Website by others and cannot guarantee the accuracy of the information provided by any other party. Because we do not control the transactions between you and other users, you hereby acknowledge that PRIMROSE is in no way liable for any claims arising from your use of this Website. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, PRIMROSE is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, PRIMROSE. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene or otherwise inappropriate, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to PRIMROSE in its sole discretion. Remember that there are risks in dealing with people you do not know and that PRIMROSE has no control over such risks. You need to exercise care. People may provide information that is offensive, false, harmful, or deceptive. If you feel you might be offended by the content of the Website or any portion of the Website, you should not continue. Please be cautious when sharing information, especially personal information, with others. By submitting any information to chat room, bulletin board consumer forum or other similar service on the Website, you acknowledge and agree that PRIMROSE may, in our sole discretion, remove or otherwise edit your submission.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless PRIMROSE, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
NO RELIANCE ON INFORMATION OR OPINIONS, INCLUDING CONCERNING LEGAL ISSUES, CONTAINED IN BOOKS SOLD ON THE WEBSITE.
Information contained on the Website or in any books or other products sold on the Website does not constitute legal advice or other advice. Some publications sold by PRIMROSE on the Website as well as certain pages on the Website and associated blogs may contain information or opinions, including those related to legal systems and law or relating to hobbies such as beekeeping. Users of the Website and purchasers of such products should not rely on such publications or opinions, but must retain their own advisers, in particular legal advisers with respect to legal issues described in such publications or opinions. Neither we nor the authors of our products provide legal advice through such publications. The latter are merely scholarly works subject to varying opinions and are not to be relied upon.
DISCLAIMER OF WARRANTIES AND LIMITATIONS OF LIABILITY
Your use and browsing of this Website is at your sole risk. If you are dissatisfied with the Website or any of the materials on the Website, or with any of the Terms, your sole and exclusive remedy is to discontinue accessing and using the Website.
THIS WEBSITE AND THE INFORMATION CONTAINED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAWS, BOTH CURRENT AND FUTURE, PRIMROSE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND OTHER VIOLATIONS OF RIGHTS. PRIMROSE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR REPRESENT THAT THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRIMROSE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION ON THIS WEBSITE, OR ANY MATERIALS OR INFORMATION OBTAINED AT LINKED INTERNET ADDRESSES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS, THE ACCURACY OR REASONABLENESS OR FACTUAL OR SCIENTIFIC ASSUMPTIONS, STUDIES OR CONCLUSIONS, THE DEFAMATORY NATURE OF STATEMENTS, OWNERSHIP OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND THE VIOLATION OF PROPERTY, PRIVACY, OR PERSONAL RIGHTS OF OTHERS. IF YOUR USE OF MATERIALS OR INFORMATION FROM THIS WEBSITE, OR MATERIALS OR INFORMATION OBTAINED FROM WEBSITES LINKED TO THIS WEBSITE, RESULTS IN NEED FOR SERVICE, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICE, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL PRIMROSE (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
TYPOGRAPHICAL ERRORS
In the event that a product is mistakenly listed at an incorrect price and the product has not yet shipped i.e. physically left the warehouse premises, PRIMROSE reserves the right to refuse or cancel that order 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 cancelled because you choose not to purchase the product at a higher price, Primrose Hill Press, Inc. shall issue a credit to your credit card account in the amount of the incorrect price. I Similarly, PRIMROSE will not be liable for any other typographical mistake whatsover regarding a product.
INTERNATIONAL USERS
Materials published at this Website may refer to products, programs or services that are not available in your country. PRIMROSE makes no representation that the contents of the Website are appropriate or available for use at locations outside of the United States, and access to the Website is prohibited from locations where some or all of the content is illegal. If you choose to access this Website from other locations, you do so on your own initiative and you are responsible for compliance with applicable local laws. You may not use the Website or export any contents of the Website in violation of U.S. export laws and regulations. By using this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any country on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders or Denied Persons List.
JURISDICTION AND GOVERNING LAW
PRIMROSE operates and controls this Website (excluding linked sites) from its offices within the Commonwealth of Pennsylvania. You agree that the statutes and laws of the Commonwealth of Pennsylvania will apply to all matters regarding the use of this Website and any purchases of products described in this Website, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You also agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Cumberland County, Pennsylvania with respect to such matters. PRIMROSE makes no representation that the Website or the materials displayed on the Website are appropriate or available for use in any other jurisdictions or countries. If you attempt to access, use, or download the materials from this Website from other jurisdictions, you do so at your own risk, and you are responsible for complying with the laws of other jurisdictions.
WAIVER Any failure by PRIMROSE to enforce any of its rights under these Terms or under applicable law shall not constitute a waiver of such rights.
ENTIRETY OF AGREEMENT
If any provision of the Terms shall be deemed unlawful by a court of competent jurisdiction, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of any remaining provisions hereunder. These Terms contain the entire agreement between you and PRIMROSE relating to your use of the Website. .
DURATION
These terms and conditions, or any part of them, may be terminated by PRIMROSE without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, other intellectual property rights, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination whatsoever.
NOTICE
PRIMROSE may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to PRIMROSE. You must provide notices to PRIMROSE by registered mail or courier, signature required, to:
Primrose Hill Press, Inc.
155 Mount Rock Road
Newville, Pa 17241 USA
MISCELLANEOUS
PRIMROSE'S failure to insist upon or enforce strict performance of any provision of these Terms 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 of these Terms. PRIMROSE may assign its rights and duties under this Agreement to any party at any time without notice to you.
© 2014 Primrose Hill Press, Inc