TERMS & CONDITIONS
Last Revised October 20, 2014.
PRODUCT & SERVICES INFORMATION.
All references on this Site to information, materials, products and services apply to information, materials, products and services available in the countries or jurisdictions specified with respect to such information only, unless otherwise stated.
Items purchased from this site are sold to you for your personal use and not for resale. Walters Faith reserves the right, at its sole discretion, to limit the quantity of items sold or to refuse sale of items to any customer at any time.
Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Site are protected under applicable copyrights, trademarks and other proprietary and intellectual property laws, including without limitation those of the United States, and all rights therein are the property of Walters Faith or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
Neither this Site, nor any portions thereof, may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Walters Faith neither warrants nor represents that use of Content displayed on this Site will not infringe rights of third parties not owned by or affiliated with Walters Faith
Your use of and browsing of this Site are at your risk. Neither Walters Faith nor any other party involved in creating, producing, or delivering this Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, this Site. Without limiting the foregoing, everything on this Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Walters Faith also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, and/or images from this Site.
You hereby release and hold harmless Walters Faith, its affiliates, licensors, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with your use of this Site and/or in connection with Walters Faith’s use of the Content. In consideration for your agreement herein, Walters Faith will provide access to this Site.
You agree to reimburse and indemnify Walters Faith and its licensees and sub-licensees and assigns for any and all damages and expenses (including attorney’s fees and costs) that they may incur from claims based on use of the Content.
You hereby release and hold harmless Walters Faith, its affiliates, licensors, agents and advisors and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all losses, damages, rights, claims and actions of any kind arising in connection with using and/or submitting Content.
This Site is a commercial site NOT intended for use by children or anyone under the age of 18 years of age. You must be at least 18 years of age to make a purchase on this Site’s online store.
GENERAL PERMISSIONS AND RESTRICTIONS.
Walters Faith hereby grants you permission to access and use this Site as set forth herein, provided that:
A. You agree not to alter or modify any part of the Site, except as provided for herein.
B. You agree not to access the Contents of this Site through any technology or means other than the authorized webpages and/or applications designated by Walters Faith, or other explicitly authorized means Walters Faith may designate in writing.
C. You agree not to use this Site for any commercial use without the prior written authorization of Walters Faith. Prohibited commercial uses include any of the following actions taken without Walters Faith’s express approval:
- sale of access to the Site or its related services on any other websites;
- use of the Site or its related services for the primary purpose of gaining advertising or subscription revenue;
- the sale of advertising, on the Site or any third-party website, targeted to the specific Content of the Site; and
- any use of the Site or its related services that Walters Faith finds, in its sole discretion, to use the Content with the effect of competing with or displacing the market for the Site or its Content.
D. Prohibited commercial uses do not include any use that Walters Faith expressly authorizes in writing.
E. Where expressly allowed by Walters Faith, if you use any Content of the Site on another website, you must include a prominent text link back to the Site on the pages where the Content is utilized. In such an instance you may not modify, build upon, or block any portion of the utilized such Content.
F. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Site in any manner. Notwithstanding the foregoing, Walters Faith grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Walters Faith reserves the right to revoke these exceptions either generally or in specific cases.
- You agree not to collect or harvest any personally identifiable information from the Site, nor to use the communication systems provided by Walters Faith for any commercial solicitation purposes.
I. You will otherwise comply with the terms and conditions contained herein, and all applicable local, national, and international laws and regulations.
J. Walters Faith reserves the right to discontinue any aspect of the Site at any time.
All materials and information on this Site, including, without limitation, the Walters Faith WF logo, design, text, graphics, software, other files, and the selection and arrangement thereof are protected by copyrights that are owned or licensed by Walters Faith, or otherwise used with permission by Walters Faith. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Content from the Site or any other site owned or operated by Walters Faith without the prior written permission of Walters Faith. Any modification of the Content, or any portion thereof, or use of the Content for any other purpose constitutes an infringement of Walters Faith’s copyrights and other proprietary rights. Use of the Content on any other site or other networked computer environment is prohibited without prior written permission from Walters Faith. Requests for permission to reproduce any of the prohibited Content should be addressed by writing to Walter’s Faith c/o Elizabeth Featherman, Esq., Mandelbaum Salsburg, P.C., 155 Prospect Avenue, West Orange, NJ 07052.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party;
- A notarized statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A notarized statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send any such requests to Walters Faith via email addressed to INFO@WALTERSFAITH.COM
All trademarks, service marks, titles, domain names, logos, and company names (collectively “Trademarks”) referred to on the Site are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Walters Faith or its affiliates or licensors. Walters Faith’s Trademarks are protected by federal and state law in the United States and throughout the world, and may not be copied or imitated. In countries where any of the Walters Faith’s trademarks, service marks, domain names, logos and company names is not registered, Walters Faith claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on the Site may be trademarks of their respective owners.
Other names and brands used on this Site may be claimed as the property of others. These trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Walters Faith or the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of Walters Faith, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Walters Faith.
OTHER INTELLECTUAL PROPERTY RIGHTS.
All right, title and interest in and to the Content, including without limitation the graphical display and arrangement of the Site and the Content, and all intellectual property rights embodied therein, are the property of Walters Faith or its licensors, suppliers or affiliates.
In addition, you acknowledge that the Content and any other information contained therein are protected by law, including, but not limited to, United States and international copyright law and trademark law, as well as other state, federal, and international laws and regulations, including contract law, and laws pertaining to privacy and publicity.
THIRD PARTY WEBSITES.
We may provide on this Site links to third-party web sites. Linking to these web sites does not imply that we endorse such websites. If you use these third-party web sites, you will leave this Site.
We do not investigate, monitor or check these third-party websites checked for accuracy, completeness or conformance with applicable laws and regulations. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which you may access through this Site, the content thereof, or the products and/or services made available through such websites. All rules, policies (including privacy policies) and operating procedures of such websites will apply to you while on such websites.
You are responsible for providing and maintaining all personal computer and communications equipment and Internet access accounts necessary to gain access to this Site.
In consideration of your use of this Site, you agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. Walters Faith reserves all rights and remedies available to it.
THE SITE AND THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS. WALTERS FAITH MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESSED OR IMPLIED. WALTERS FAITH DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, QUALITY, PERFORMANCE OR SUITABILITY OF THIS SITE, THE CONTENT, OR ANY PRODUCTS, SERVICES OR RESULTS OBTAINED ON OR THROUGH THE SITE.
WALTERS FAITH DOES NOT REPRESENT OR WARRANT THE AVAILABILITY OF THE SITE, THAT THE SITE AND YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WALTERS FAITH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SITE AND/OR THE CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPLICABILITY OR OTHERWISE. YOU (AND NOT WALTERS FAITH) 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. IN ADDITION TO THE FOREGOING, YOU AGREE THAT YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN RISK.
LIMITATIONS ON LIABILITY.
WALTERS FAITH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY YOUR USE OF THE SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. WALTERS FAITH WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS AND DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY, OR LOSS OF USE) THAT RESULT FROM THE USE OF, THE INABILITY TO USE, OR RELIANCE UPON, THE SITE AND THE CONTENT OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE, EVEN IF THERE IS NEGLIGENCE BY WALTERS FAITH OR BY AN AUTHORIZED WALTERS FAITH REPRESENTATIVE, OR AN AUTHORIZED WALTERS FAITH REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY OF THE ABOVE. 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 SUCH DAMAGES. WALTERS FAITH’S TOTAL LIABILITY TO YOU FOR LOSSES, DAMAGES AND CAUSES OF ACTION WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO WALTERS FAITH, IF ANY, TO ACCESS THE SITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WALTERS FAITH, WALTERS FAITH’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, CUSTOMERS AND SUPPLIERS FROM AND AGAINST ANY AND ALL CLAIMS, PROCEEDINGS, DAMAGES, INJURIES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND LITIGATION EXPENSES), RELATING TO OR ARISING FROM:
(i) YOUR USE OF THE SITE AND ANY OF THE CONTENT, OR ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE SITE;
(ii) ANY ARRANGEMENTS YOU MAKE BASED ON THE CONTENT OBTAINED ON OR THROUGH THE SITE; AND
(iii) ANY BREACH BY YOU OF THE TERMS CONTAINED HEREIN.
JURISDICTION / COMPLIANCE WITH LAWS.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state courts in the State of New York and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
MODIFICATION AND DISCONTINUATION.
We reserve the right to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
SEVERABILITY AND NON-WAIVER.