All
site content/graphics © 2004 Moonlite Web Designs
Prices and specifications are subject to change without notice.
Warranty Disclaimer: You expressly agree that use of the web site and
related services is at your sole risk. The web site, materials and related
services are provided on an "as is" and "as available"
basis. Moonlite Web Designs makes no representations or warranties with
regard to the web site or any materials therein, whether express or
implied, arising by law or otherwise, including, without limitation,
any implied warranty of merchantability, fitness for a particular purpose
or non-infringement or any implied warranty arising out of course of
performance, course of dealing or usage of trade. In addition, Moonlite
Web Designs makes no representation that the operation of the web site
will be uninterrupted or error-free. Moonlite Web Designs will not be
liable for the consequences of any interruptions or errors on the web
site. It is your responsibility to evaluate the accuracy, completeness
or usefulness of any opinion, advice, information or other content or
materials provided in connection with or otherwise available through
the web site. Please seek the advice of professionals, as appropriate,
regarding the evaluation of any such opinion, advice, information or
other content. Under no circumstance will Moonlite Web Designs be liable
for any loss or damage caused by your reliance on information obtained
through the web site, other than as required under applicable consumer-protection
law. Some jurisdictions do not allow the disclaimer of certain warranties
or limitation of certain types of damages, so some of the above disclaimer
may not apply to you and nothing contained herein should be construed
as excluding or limiting any liability beyond what is permitted under
applicable law.
Limitation of Liability: By availing yourself of the Web site, Materials
or related services, you agree to release and hold Moonlite Web Designs
and the employees, officers, directors, shareholders, agents, representatives
of Moonlite Web Designs, its affiliates, subsidiaries, advertising,
promotion and fulfillment agencies, any entity controlling, controlled
by or under common control with Moonlite Web Designs, any third-party
providers or sources of information or data and legal advisers (collectively,
"Moonlite Web Designs Affiliates") harmless from any and all
losses, damages, rights, claims and actions of any kind arising from
or related to the Web site, Materials or related services including
but not limited to: (a) telephone, electronic, hardware or software,
network, Internet or computer malfunctions, failures or difficulties
of any kind; (b) failed, incomplete, garbled or delayed computer transmissions;
(c) any condition caused by events beyond the control of Moonlite Web
Designs that may cause the Web site or related services to be disrupted
or corrupted; (d) any injuries, losses or damages of any kind arising
in connection with or as a result of your use of the Web site, Materials
or related services; or (e) any printing or typographical errors in
any materials associated with the Web site, Materials or related services.
In addition, you agree to defend, indemnify and hold Moonlite Web Designs
Affiliates harmless from any claim, suit or demand, including reasonable
attorney's fees, made by a third party due to or arising out of your
utilizing the Web site, Materials or related services, your violation
or breach of these Terms and Conditions, your violation of any rights
of a third party, or any other act or omission by you. IN NO EVENT WILL
Moonlite Web Designs BE LIABLE FOR ANY INDIRECT, STATUTORY, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE ARISING OUT
OF YOUR AVAILMENT OF MATERIALS (HOWEVER ARISING, INCLUDING NEGLIGENCE),
EVEN IF Moonlite Web Designs WAS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
General Provisions: You agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside. Your correspondence or business dealings
with, or participation in promotions of or with parties found on or
through the Web site, including payment and delivery of related goods
or services, and any other terms, conditions, warranties or representations
applicable to such dealings, are solely between you and such parties.
These Terms and Conditions are governed in all respects by the laws
of the State of Wisconsin as such laws are applied to agreements entered
into and to be performed entirely within Wisconsin between Wisconsin
residents. Legal proceedings related to the matters herein shall be
brought in and adjudicated solely in the courts of Eau Claire, Wisconsin,
United States of America. Both parties consent to extra-territorial
service of process and submit to the jurisdiction of said courts. If
any provision of these Terms and Conditions is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions
shall be enforced. Moonlite Web Designs failure to act with respect
to a breach by you or others does not waive its right to act with respect
to subsequent or similar breaches. These Terms and Conditions set forth
the entire understanding and agreement of the parties as to the subject
matter hereof and supersede all prior proposals, discussions or agreements
with respect thereto. A printed version of these Terms and Conditions
and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained
in printed form.