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TERMS OF USE
You should carefully read the Terms of
Use before using Our Site. By using Our Site you are
indicating your agreement to be bound by the Terms of
Use. This is a legally binding agreement. If you do
not agree with the Terms of Use you should not use
Our Site.
1. We agree to provide you access to Our
Site in accordance with the Terms of Use.
2. You agree to use Our Site in a manner
consistent with any and all applicable rules and
regulations.
3. You accept that Our Site is provided
on an "as is, as available" basis.
4. ALL ARTICLES AND MATERIAL DISPLAYED
BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO
SUBSTITUTE FOR SPECIFIC ADVICE.
5. We may for marketing purposes
collect, process and transmit data obtained from and
about you in the course of your accessing our
site.
6. Subject to the above, you may not
modify, copy, distribute, republish or upload any of
the material on our Site without our prior consent in
writing. No intellectual property or other rights
shall be transferred to you.
7. To the extent that portions of our
Site that we might choose to include (such as "chat
rooms" or "bulletin boards") may provide users an
opportunity to post and exchange information, ideas
and opinions ("Postings"), BE ADVISED THAT WE DO NOT
SCREEN, EDIT, OR REVIEW POSTINGS PRIOR TO THEIR
APPEARANCE ON THIS WEB SITE, and Postings do not
necessarily reflect our views. To the fullest extent
permitted by applicable laws, we exclude all
responsibility and liability for the Postings or for
any losses or expenses resulting from their use
and/or appearance on our Site.
8. To the fullest extent permitted by
applicable laws, we on behalf of our employees,
agents, suppliers, and contractors exclude liability
for any losses and expenses of whatever nature and
howsoever arising, including without limitation any
direct, indirect, special, punitive, or consequential
damages, loss of use, loss of data, loss caused by a
virus, loss of income or profit, loss of or damage to
property, claims of third parties, or other losses of
any kind or character, even if we has been advised of
the possibility of such damages or losses, arising
out of or in connection with the use of this our
site, products from our site or any web site with
which it is linked. You assume total responsibility
for establishing such procedures for data back up and
virus checking as you consider necessary.
9. We reserve the right to monitor all
materials posted on any bulletin board on our sites
(“Postings”) and to remove any which we consider in
our absolute discretion to be offensive or otherwise
in breach of these Terms of Use.
10. You hereby represent and warrant
that you have all necessary rights in and to all
Postings you provide and all material they contain
and that such Postings shall not infringe any
proprietary or other rights of third
parties.
11. Where we may provide hypertext links
to other sites we do so for information purposes
only, and such links are not endorsements by us of
any products or services in such sites and we accept
no liability nor make any endorsement or approval of
the same.
12. The Terms of Use contain the entire
understanding between us with respect of Our Site and
no representation, statement, inducement oral or
written, not contained herein shall bind either of
us.
13. Should any part of the Terms of Use
be declared invalid or unenforceable by a court of
competent jurisdiction, this shall not affect the
validity of any remaining portion and such remaining
portion shall remain in full force and effect as if
the invalid portion of the Terms of Use had been
eliminated.
14. Any other disputes will be resolved
as follows:
If a dispute arises under this
agreement, we agree to first try to resolve it with
the help of a mutually agreed-upon mediator in the
following location: Sydney, Australia. Any costs and
fees other than attorney fees associated with the
mediation will be shared equally by each of
us.
If it proves impossible to arrive at a
mutually satisfactory solution through mediation, we
agree to submit the dispute to binding arbitration at
the following location: Ballina, Australia under the
rules of the Trade Practices Association. Judgment
upon the award rendered by the arbitration may be
entered in any court with jurisdiction to do
so.
www.baidenmitten.com
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