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Terms and Conditions
Please read the following terms and conditions of
use carefully before using this website.
By
using the pages in this site, you agree to these terms
and conditions. If you do not agree, you should not use
this site.
Restrictions on UseMaterial
from www.waldies.net and any other World Wide Web site
owned, operated, licensed, or controlled by Effervescent
Inc or any of its related, affiliated, or subsidiary
companies (together, "Waldies") may not be copied or
distributed, or republished, uploaded, posted, or
transmitted in any way, without the prior written consent
of Waldies EXCEPT: you may download one copy of the
material on one computer for your personal, non-
commercial home use only, provided you do not delete or
change any copyright, trademark, or other proprietary
notices. Modification or use of the materials for any
other purpose violates Waldies intellectual property
rights. The material in this site is provided for lawful
purposes only. If you download software from our site,
the software, including all files, images, contained in
or generated by the software, and accompanying data
(together, the "Software") are deemed to be licensed to
you by Waldies. Neither title nor intellectual property
rights are transferred to you, but remain with Waldies,
who owns full and complete title. You may not resell,
decompile, reverse engineer, disassemble, or otherwise
convert the Software to a human perceivable
form.
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Restriction of
LiabilityWaldies and www.waldies.net will not
be liable for damages or injury caused by, including but
not limited to, any failure of performance, error,
omission, interruption, defect, delay in operation of
transmission, computer virus, or line failure. Waldies
will not be liable for any damages or injury, including
but not limited to, special or consequential damages that
result from the use of, or the inability to use, the
materials in this site, even if there is negligence or
Waldies or an authorized Waldies representative has been
advised of the possibility of such damages, or both. The
above limitation or exclusion may not apply to you to the
extent that applicable law may not allow the limitation
or exclusion of liability for incidental or consequential
damages. Waldies total liability to you for all losses,
damages, and causes of action (in contract, tort
(including without limitation, negligence), or otherwise)
will not be greater than the amount you paid to access
this site.
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SubmissionsAll
remarks, suggestions, ideas, graphics, or other
information communicated to Waldies through this site
(together, the "Submission") will forever be the property
of Waldies. Waldies will not be required to treat any
Submission as confidential, and will not be liable for
any ideas for its business (including without limitation,
product, or advertising ideas) and will not incur any
liability as a result of any similarities that may appear
in future Waldies operations. Without limitation, Waldies
will have exclusive ownership of all present and future
existing rights to the Submission of every kind and
nature everywhere. Except as noted below in this
paragraph, Waldies will be entitled to use the Submission
for any commercial or other purpose whatsoever without
compensation to you or any other person sending the
Submission. Personally identifiable information that may
be received at this site is provided voluntarily by a
visitor to this site. This information is for internal
purposes only and is not sold or otherwise transferred to
third parties of Waldies or to other entities who are not
involved in the operation of this site.
You
acknowledge that you are responsible for whatever
material you submit, and you, not Waldies have full
responsibility for the message, including its legality,
reliability, appropriateness, originality, and
copyright.
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Participation
Disclaimerwww.waldies.net does not and cannot
review all communications and materials posted to or
created by uses accessing the site, and is not in any
manner responsible for the content of these
communications and materials. You acknowledge that by
providing you with the ability to view and distribute
user-generated content on the site, www.waldies.net 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, www.waldies.net reserves the right to block or
remove communications or materials that it determines to
be (a) abusive, defamatory, or obscene, (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
www.waldies.net in its sole discretion.
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JurisdictionExcept
as described otherwise, all materials in the Waldies site
are made available only to provide information about
Waldies. Waldies controls and operates this site from its
headquarters in Fitchburg, Massachusetts, United States
of America, without regard to choice of law provisions,
and not by the 1980 U.N. Convention on contracts for the
international sale of goods and makes no representation
that these materials are appropriate or available for use
in other locations. If you use this site from other
locations you are responsible for compliance with
applicable local laws. Some software from this site may
be subject to export controls imposed by the United
States and may not be downloaded or otherwise exported or
reexported: (a) into (or to a national or resident of )
any country to which the U.S. has placed an embargo,
including without limitation, Cuba, Iran, Iraq, Libya,
North Korea, Syria, or Yugoslavia; (b) to everyone on the
US Treasury Department's Specially Designated Nationals
list, or (c) the US Commerce Department's Table of Denial
Orders. If you download or use the Software, you
represent and warrant that you are not located in, or
under the control of, or a national or any such country
or on any such list.
You agree that jurisdiction
over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site
(including but not limited to the purchase of
www.waldies.net products) must be commenced within one
(1) year after the claim or cause of action arises.
www.waldies.net’s failure to insist upon or enfore strict
performance of any provision of these terms and
conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
parties nor trade practice shall act to modify any of
these terms and conditions. www.waldies.net may assign
its rights and duties under this Agreement to any party
at any time without notice to you.
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Typographical ErrorsIn the
event that a www.waldies.net product is mistakenly listed
at an incorrect price, www.waldies.net reserves the right
to refuse or cancel any orders placed for a product
listed at the incorrect price. www.waldies.net reserves
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 cancelled, www.waldies.net
shall issue a credit to your credit card account in the
amount of the incorrect price.
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DisclaimerThe
material in this site could include technical
inaccuracies or typographical errors. Waldies may make
changes or improvements at any time. THE MATERIALS IN
THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WALDIES
DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. WALDIES DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WALDIES DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE
USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU
(AND NOT WALDIES) ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY
NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES.
This website may contain downloadable
materials as well as links to external sites.
Effervescent Inc is not responsible for, and has no
control over, the content of such downloadable materials
or external sites. You understand that Effervescent Inc
cannot and does not guarantee or warrant that files or
software of any kind, or from any source, available for
downloading through this website, will be free of
infection or viruses, worms, Trojan Horses or other code
or defects that manifest contaminating or destructive
properties.
Waldies is an equal opportunity
employer committed to a diverse workforce. To be
considered for a posted job opportunity, you must submit
an application. Applications are active for 30 days,
after which you must reapply.
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TerminationThese
terms and conditions are applicable to you upon your
accessing the site and/or completing the registration or
shopping process. Waldies or you may terminate this
agreement at any time. You may terminate this agreement
by destroying: (a) all materials obtained from all
Waldies sites, and (b) all related documentation and all
copies and installations (together, the "Materials").
Waldies may terminate this agreement immediately without
notice if, in its sole judgment, you breach any term or
condition of this agreement. Upon termination, you must
destroy all materials. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall
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Noticewww.waldies.net 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 www.waldies.net.
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MiscellaneousThese Terms
and Conditions will be governed and be interpreted
pursuant to the laws of the State of Delaware, United
States of America, notwithstanding any principles of
conflicts of law. If any part of these Terms and
Conditions is unlawful, void, or unenforceable, that part
will be deemed severable and will not affect the validity
and enforceability of any remaining provisions. Possible
evidence of use of this site for illegal purposes will be
provided to law enforcement authorities. This is the
entire agreement between the parties relating to the use
of this site. Waldies can revise these Terms and
Conditions at any time by updating this posting. Waldies
products and services are available in many parts of the
world. However, the Waldies site may describe products
and services that are not available worldwide. This site
may be linked to other sites which are not maintained by
Waldies. Waldies is not responsible for the content of
those sites. The inclusion of any link to such sites does
not imply endorsement by Waldies of the sites.
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IndemnificationYou agree
to indemnify, defend, and hold harmless www.waldies.net,
its officers, directors, employees, agents, licensors and
suppliers (collectively the “Service Providers”) from and
against all losses, expenses, damages and costs,
including reasonable attorney’s fees, resulting from any
violation of these terms and conditions 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.
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Trademark InformationThe
entire content included in this Site, including but not
limited to text, design, graphics, interfaces, or code
and the selection and arrangements thereof is copyrighted
as a collective work under the United States and other
copyright laws, and is the property of Effervescent Inc.
The collective work includes works that are licensed to
Effervescent Inc. ALL RIGHTS RESERVED. All trademarks,
service marks, and trade names (collectively the "Marks")
are trademarks or registered trademarks of and are
proprietary to Effervescent Inc, or other respective
owners that have granted Effervescent Inc the right and
license to use such Marks.
Permission is granted
to electronically copy and print hard copy portions of
this site for the sole purpose of placing an order with
www.waldies.net or purchasing Waldies products. You may
display and, subject to any expressly stated restrictions
or limitations relating to specific material, download or
print portions of the material from different areas of
the site solely for your own non-commercial use, or to
place an order with www.waldies.net or to purchase
Waldies products. Any other use, including but not
limited to the reproduction, distribution, display, or
transmission of the content of this site is strictly
prohibited, unless authorized by www.waldies.net. You
further agree not to change or delete any proprietary
notices from materials downloaded from the
site.
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