User Agreement for
On The Package, LLC Operated Web Site
WELCOME TO THIS On The Package, LLC-OPERATED WEB SITE!
We've designed our Web sites to be useful, informative, and fun. We hope
we've succeeded -- and we hope you'll let us know how we can make them even
better.
All we ask in return is that you abide by the Terms and Conditions that
follow. Please read them carefully, because when you use our sites, you
automatically agree to them.
THANKS FOR VISITING!
RESTRICTIONS ON YOUR USE OF THE MATERIALS IN OUR SITES
(1) You agree not to re-use material from www.OnThePackage.com. In
particular, you agree not to copy, distribute, republish, upload, post, or
transmit anything unless you get our written consent -- first.
There's one exception: you may download material onto one computer for your
personal, non-commercial use only, provided you don't delete or change any
copyright, trademark, or other proprietary notices.
But please don't modify the materials or use them for any other purpose; if
you do, you'll be violating our intellectual-property rights.
(2) Everything you download -- the software, plus all files, all
images incorporated in or generated by the software, and all data
accompanying it -- is considered licensed to you by On The Package,
LLC.
That means that we retain full and complete title to the software and to all
of the associated intellectual-property rights. So you're not allowed to
redistribute or sell the material -- or to reverse-engineer, disassemble, or
otherwise convert it to any other form that people can use.
IF YOU SUBMIT MATERIAL TO US...
(1) All remarks, suggestions, ideas, graphics, or other information that you
communicate to On The Package, LLC through this site (other than information
we promise to protect under our Privacy Policy), becomes and remains our
property, even if this agreement is later terminated.
This means that...
We don't have to treat any such submission as confidential.
You can't sue us for using the ideas you submit (including, but not limited
to, product or advertising ideas).
If we use them -- or anything like them -- we don't have to pay you or anyone
else for them.
We will have exclusive ownership of all present and future rights to
submissions of every kind. We can use them for any purpose, without
compensating you or anyone else for them.
(2) You acknowledge that you are responsible for any submission you make --
in other words, you acknowledge that you (and not we) have full
responsibility for the message, including its legality, reliability,
appropriateness, originality, and copyright.
LIMITATION OF LIABILITY
It's very important for you to read the next two sections carefully -- so
important, in fact, that the law actually requires us to put this material in
capital letters.
On The Package, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT
ACCOMPANY OR RESULT FROM YOUR USE OF ITS SITES.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY...
- USE
OF (OR INABILITY TO USE) THE SITES,
- USE
OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITES;
- FAILURE
OF PERFORMANCE,
- ERROR,
- OMISSION,
- INTERRUPTION,
- DEFECT,
- DELAY
IN OPERATION OR TRANSMISSION,
- COMPUTER
VIRUS, OR...
- LINE
FAILURE.
KEEP IN
MIND THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING...
- DAMAGES
INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY;
- DAMAGES
REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (LEGALLY,
"CONSEQUENTIAL DAMAGES");
- OTHER
MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR
INJURY (LEGALLY, "INCIDENTAL DAMAGES").
FURTHERMORE,
WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES -- OR
BOTH.
EXCEPTION: IN CERTAIN STATES THE LAW MAY NOT ALLOW US TO LIMIT OR
EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR
"CONSEQUENTIAL" DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY, AND
YOU MAY INDEED HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.BUT IN ANY
EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF
EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR
THEY'RE CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR
THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE
AMOUNT YOU PAID TO ACCESS OUR SITES.
DISCLAIMERTHE MATERIALS IN OUR SITES ARE PROVIDED AS IS. THIS MEANS
THAT (SUBJECT TO THE EXCEPTION BELOW) ON THE PACKAGE DISCLAIMS ALL EXPRESS
AND IMPLIED WARRANTIES ABOUT THE MATERIAL IN THE SITES.
THIS INCLUDES (BUT IS NOT LIMITED TO) WARRANTIES...
- THAT
THE MATERIAL IS OF ANY PARTICULAR LEVEL OF QUALITY OR FIT FOR A
PARTICULAR PURPOSE.
- THAT
THE FUNCTIONAL ELEMENTS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED
OR ERROR-FREE.
- THAT
DEFECTS WILL BE CORRECTED.
- THAT
OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
- THAT
SUCCESSFUL RESULTS OR OUTCOMES WILL RESULT FROM PROPERLY FOLLOWING ANY
INSTRUCTIONS, DIRECTIONS OR RECIPES CONTAINED IN THE MATERIALS. (WE
THINK OUR RECIPES ARE GREAT, BUT WE HAVE NO CONTROL OVER CONDITIONS IN
YOUR PARTICULAR KITCHEN OR HOUSEHOLD THAT WE DON'T KNOW ABOUT.)
IN ADDITION TO THE ABOVE, YOU (AND NOT ON THE PACKAGE,
LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
EXCEPTION: IN CERTAIN STATES, THE LAW MAY NOT ALLOW US TO DISCLAIM OR
EXCLUDE WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
ANOTHER DISCLAIMER
We sometimes provide access to other World Wide Web sites from our sites. But
we don't endorse or approve any products or information offered at sites you
reach through our site. Check the Uniform Resource Locator (URL) address
provided in your WWW browser to see if you are still in a On The Package,
LLC-operated site or have moved to another site.
JURISDICTION
Unless otherwise specified, the materials in our sites are presented to
provide information about On The Package, LLC and its products.
On The Package, LLC controls its sites from the company's headquarters in New Jersey, in the United States of America. We in no way imply that the materials on the
sites are appropriate or available for use outside of the United States. If you use our sites from locations outside of the United States, you are responsible for compliance with any applicable local laws.
Some software from our sites 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 United States has placed an embargo (as of today, these include Cuba, Iran, Iraq, Libya, North Korea, Syria, and Yugoslavia); or...
- (b)
to anyone on the U.S. Treasury Department's Specially Designated
Nationals List or the U.S. Commerce Department's Table of Deny Orders.
If you
download or use the software, you are, in effect, confirming to us that you
are not located in, are not under the control of, and are not a national or
resident of any such country, and that you are not on any such list.
TERMINATION OF THIS AGREEMENT
This agreement is effective until terminated by either party.
You may terminate this agreement at any time, by destroying all materials
obtained from all On The Package, LLC sites, along with all related
documentation and all copies and installations.
On The Package, LLC may terminate this agreement at any time and without
notice to you if, in its sole judgment, you breach any term or condition of
this agreement. Upon termination, you must destroy all materials.
In addition, by providing material on our Web sites, we do not in any way
promise that the materials will remain available to you. And On The Package,
LLC is entitled to terminate all or part of any of its Web sites at any time,
without notice to you.
MISCELLANEOUS POINTS ABOUT THE TERMS AND CONDITIONS OF THIS USER AGREEMENT
These Terms and Conditions, and the agreement they create, shall be governed
by and interpreted according to the laws of the State of NJ (without applying
the state's conflict-of-law principles).
If any provision of this agreement is unlawful, void or unenforceable, it
will not affect the validity and enforceability of any remaining provisions.
On The Package, LLC may modify these Terms and Conditions, and the agreement
they create, at any time, simply by updating this posting and without notice
to you.
This is the entire agreement regarding all the matters that have been
discussed in the preceding paragraphs.
© 2005 On The Package, LLC. All rights reserved.
Last Revision Date: 10/19/2005 |