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Terms & Conditions of
Use Updated October 3, 2011 My too-big-for-his-britches lawyer says the U.S. of A. government makes me post these rules. Dangdest thing I ever heard of. All you want to do is catch a mole, not be bored to tears. But I guess you gotta read the following legal stuff. It's supposed to be important. So please take a minute and do it. Thanks. THESE TERMS OF USE GOVERN YOUR USE OF THIS SITE, WHICH IS PROVIDED BY GRANDPASPESTSOLUTIONS AND OWEN PUBLICATIONS. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. THESE TERMS AND CONDITIONS OF USE ARE SUBJECT TO CHANGE BY GRANDPASPESTSOLUTIONS AND OWEN PUBLICATIONS AT ANY TIME AT ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT AGREE WITH ANY OF THE FOLLOWING TERMS, DO NOT USE THIS WEB SITE. The GranpdasPestSolutions.com® Web Site (hereafter referred to as the "Site") is an online information service provided by Brooks Owen, Owen Publications and/or GrandpasPestSolutions.com (hereafter referred to as "Owen"), subject to your compliance with the Terms and Conditions of Use (hereafter referred to as "Terms") as set forth below. Please read these Terms carefully before accessing or using this Site. By accessing or using this Site, you agree to be bound by the Terms. 1. Copyright The entire contents of this Site, including but not limited to, images, photos, illustrations, how-to instructions/directions and intellectual(?) property are protected by international copyright and trademark laws whether marked by © and ™ or not. The owner of the copyrights is Owen. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner the material on this Site. You may download and print portions of material from the different areas of this Site solely for your own non-commercial use provided you agree not to change or delete any copyright or proprietary notices from the materials. 2. Trademarks Words, phrases and graphics are lawful trademarks of Owen. Other product and company names mentioned in the Site may be the lawful trademarks of their respective owners. 3. Use of the Site The information herein contained is offered as information, entertainment and personal opinions only. Owen is not responsible for the use or misuse of said information. You understand that, except for information, products or services clearly identified as being supplied by GrandpasPestSolutions.com, Owen does not operate, control or endorse any information, products or services anywhere on the Internet in any way. Except for Owen-identified information, products or services, all information, products and services offered through this Site or on the Internet generally are offered by third parties that are not affiliated by ownership with Owen, unless otherwise disclosed. You agree that Owen cannot and does not guarantee or warrant that files available for downloading through this Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of this Site. Owen provides the information at this Site on an "as is" basis and does not make any express or implied guarantees or warranties of merchantability or fitness for a particular purpose. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through this Site or on the Internet in general. This Site may be hyper-linked to other sites which are not maintained by, or related to, Owen. The inclusion of any hyper-link to a third-party site does not imply endorsement, sponsorship or recommendation by Owen of that site. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this Site or Owen. Owen has not reviewed any or all of such sites and is not responsible for the content of those sites. Owen also makes no representations about the availability of hyper-linked sites. Hyper-links are to be accessed at the user's own risk, and Owen makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to this site. Owen cannot and does not guarantee or warrant that files available for downloading through third-party sites will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. If you hyper-link to a site, please be aware that you will leave this Site and will become subject to the rules and conditions of the linked site(s). Owen recommends that you make yourself aware of the Terms of Use of any sites you link to from this Site. Owen is not responsible or liable for a linked-to site's privacy or data security practices of these sites. Additionally, if you register with any of these sites, any information that you provide in the process of registration, such as your email address, credit card number or other personally identifiable information, will be transferred to these sites. For these reasons, you should be careful to review any privacy and data security policies posted on any of these sites before providing information to them. 4. Limits of Liability Owen does not warrant the safety or usability of any of the how-to information, ideas or products mentioned at this Site. In no event shall Owen be liable for any damages, including without limitation any direct, indirect, special, incidental, punitive, or consequential damages, loss of use, loss of data, loss caused by a virus, business interruption, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if we have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any web site with which it is linked or any claim attributable to errors, omissions, or other inaccuracies at this Site and/or materials or information downloaded from this Site. Any advice given by Owen is based on Owen's own opinion and is not guaranteed for accuracy. And in no event will Owen be liable for any incidental, consequential, or indirect damages arising from the use or misuse of any mole trap-related or mole removal-related materials of any kind whatsoever. (See #19, Safety.) Due to some states or countries not allowing the exclusion or limitations of liability for consequential or incidental damages, the above limitations may not apply to you. In such states or countries, do not use this Site or order any of the products and services provided by or through Owen. 5. Indemnification You agree to indemnify, defend and hold harmless Owen, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any use or violation of these Terms (including negligent or wrongful conduct) by you or any other person accessing the Site. 6. Third Party Rights The provisions of paragraphs 3 (Use of the Site), and 5 (Indemnification) are for the benefit of Owen and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf. 7. Termination and Provision Survival These Terms may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright), 3 (Use of the Site), 5 (Indemnification), 6 (Third Party Rights), 8 (Miscellaneous), and 9 (Services) shall survive any termination of these Terms. 8. Miscellaneous These Terms shall all be governed and construed in accordance with the laws the State of Washington applicable to agreements made and to be performed in United States of America. You agree that any legal action or proceeding between Owen and you for any purpose concerning these Terms or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction in the state of Washington. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred. Owen'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 practices shall act to modify any provision of these Terms. Owen may assign its rights and duties under these Terms to any party at any time without notice. Any rights not expressly granted herein are reserved. 9. Services Owen offers mole trapping and mole control information, general pest control information, related products and services. All content, information, products and services are not to be considered as legal advice and are to be used for personal informational purposes only. 10. Disclaimers This Site is created to provide information and products for the subject matter covered. Publications and products are sold with this understanding, and with the understanding that Owen is not engaged in rendering any kind of legal, regulatory, compliance or other professional services. Products, publications and services offered on this Site are for educational and informational purposes only. Users of Owen products, publications and services, affiliated products and services and Sites are advised to do their own due diligence. Any testimonials and examples used are exceptional results, and do not necessarily apply to the average purchaser and are not intended to represent or guarantee that anyone will achieve the same or similar results. 11. Compliance with Laws You are solely responsible for compliance with applicable laws. In some locations it is not legal to trap or kill moles. If it is not legal in your area, do not purchase Grandpa's Ultimate Mole Attack Survival Guide or use the methods described. It is your responsibility to determine the legality of trapping/killing moles where you reside. 12. No Agency. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. 13. Disputes You, as a visitor and/or user of this Site, agree to use binding arbitration for any claim, dispute or controversy of any kind, arising out of or related to any purchase, correspondence or transaction between you and this Site, its owners or managers, or arising out of any kind of solicitation issues, privacy issues, terms of use issues, or earnings issues. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association that are in effect on the date such dispute arises. You can get information about Arbitration from the American Arbitration Association which is located at 1633 Broadway, 10th Floor New York, New York 10019. Toll free telephone: 1-800-778-7879. Any hearing or proceedings required will take place in the location closest to Owen. In no case will the claimant or Site visitor have the right to go to court or to have a jury trial. Claimant or visitor will not have the right to initiate, participate or engage in any pre-trial discovery with the exception of any rules stipulated by the American Arbitration Association. You will also not have the right to participate as a member of any class of claimants pertaining to any claim subject to arbitration. The arbiter's decision will be final and binding with limited rights of appeal. Our total liability for any claim arising out of, or relating to, this Site shall not exceed one hundred ($100) U.S. dollars and that amount shall be in lieu of all other remedies which you may have against this Site and/or Owen. The prevailing party shall be reimbursed by the losing party for any and all costs associated with the dispute arbitration, including attorneys fees, collection fees, investigation fees and travel expenses. 14. Jurisdiction Buyer, visitor or claimant agrees that any kind of legal matters are to be handled in the jurisdiction of the Site owner, and that these Terms shall be governed by the laws of the State of Washington, Clark County, U.S.A. Applicable laws shall be, in all cases, those of the state of Washington. 15. Privacy Policy This Site's Privacy Promise is part of, and subject to, these terms and conditions of use. The Privacy Promise is posted elsewhere on the Site. 16. Money-Back Guarantee You have the right to return any item purchased directly from Owen at anytime for 100% refund of only the purchase price you paid (less shipping, if any), if you are not satisfied. If you purchase any product from any third party linked to from this Site, you are bound by their refund policies. 17. Child Privacy/Age Restriction Children under the age of 13 are protected by federal law. For that reason, Owen does not knowingly permit children under the age of 13 to buy products and services on any Owen sites, without verifiable parental consent. Owen does not knowingly collect or solicit personal information about children under 13, except with their parent's express written consent. If Owen ever includes children under the age of 13 as part of our intended site audience, those specific web pages will, in accordance with the provisions of the Children's Online Privacy Protection Act (COPPA), be clearly identified and provide an explicit privacy notice; and Owen will provide processes to obtain parental approval, provide access to information and allow parents to request removal of their children's personal information. Owen encourages parents and guardians to spend time with their children online and to participate in their Internet activities and interests. By using the Owen Site you certify you are 18 years of age, or older, and can be legally bound by these Terms. If you are not, do not use this site in any manner whatsoever. 18. Refusal to Sell Products Owen reserves the right to refuse to sell products to anyone for any reason without explanation. Especially if you're ornery. 19. Safety Read and follow all mole trap, other pest control products and related equipment and supplies and all related material manufacturers' directions for use and warnings. If you've got safety concerns or issues, they must be directed to the appropriate manufacturers of various traps, supplies, equipment, products and related materials. In no event will Owen be liable for any incidental, consequential, or indirect damages arising from the use or misuse of any mole trap-related, mole removal-related or mole control products, or any pest control/removal-related materials, or other pest control products, equipment and supplies of any kind whatsoever. Ultimately, your safety is your responsibility. Always wear proper protective gear, take proper safety precautions and follow all applicable laws and regulations. 20. Contact If you have any questions regarding the Terms or the practices of this Site, or your dealings with this Site, you may contact... Brooks Owen 21. Entire Agreement These terms and conditions, including the policies incorporated herein by express reference, constitutes your entire agreement with us with respect to your use of this Site. * * * * * My apologies for all the legalese. But it's important stuff to know before you use this Site. |