DeadwoodChips.com Website Terms of Sale and Use

Instructions
Please read these terms and conditions of sale very carefully. This agreement contains very important information regarding your rights and obligations as well as limitations that may apply to you.

Agreement
This Terms of Use Agreement (this "Agreement") is a legal agreement between you ("User") and Learning Link Finders, Inc. that governs your use of this website ("Our Site") located at http://www.deadwoodchips.com. By utilizing this Learning Link Finders, Inc. website, User acknowledges that he or she has read, understood, and agrees to comply with the terms and conditions stated within this Agreement. Learning Link Finders, Inc. from time to time may amend these terms and conditions. User's continued use of this website constitutes acceptance of the terms and conditions stated at the time of use.

Privacy
Learning Link Finders, Inc. may collect information about the Users of Our Site. Please review our Privacy Statement which governs the collection of this information.

Web Site Intended Audience
This Web Site is intended for and directed to adults. This Web Site is not intended for any person under the age of 18.

User Conduct
User will not engage in any conduct or action that is prohibited by law or violates any federal, state, or local law. Users of this site also agree not to distribute, post, publish or otherwise communicate any content which defames, abuses or threatens others, which is hateful or racially offensive, or which contains vulgar, obscene or indecent language or images, or which contains unauthorized copyrighted material or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

Identifying Marks and Trademarks
All registered and/or unregistered trademarks and/or service marks (collectively, "Marks") used or referred to on this website are the property of Learning Link Finders, Inc.. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify these Marks in any way for any purpose without prior written permission from Learning Link Finders, Inc..

Proprietary Rights to Content
User acknowledges and agrees that content, including but not limited to text, photographs, graphics or other material contained in this website ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. User understands and agrees that User is permitted to make one (1) copy of such Content for personal use only. User may not copy, reproduce, distribute or create derivative works from this Content or use this Content other than as expressly authorized by this Agreement without prior, express authorization from Learning Link Finders, Inc..

User Contact With Advertisers or Other Third Parties
Learning Link Finders, Inc. may provide Users with links to other websites. These third party sites are not under the control of Learning Link Finders, Inc. and User acknowledges that Learning Link Finders, Inc. is not responsible or liable for any content, advertising, products or other materials available from such third party sites. User dealings with advertisers or other third parties found on or through Our Site are solely between the User and the third party. Learning Link Finders, Inc. does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and User agrees that Learning Link Finders, Inc. will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings.

Product Descriptions
Learning Link Finders, Inc. attempts to make descriptions of the items available on Our Site as accurate and complete as possible. Learning Link Finders, Inc. does not warrant that product descriptions are accurate, complete, up-to-date, or free of errors. If a product from Our Site is not as described when you receive it, you may return it to us in accordance with our Return Policy which is described below.

Prices Listed
Prices on Our Site are subject to change at anytime. They are displayed in U.S. Dollars and do NOT include applicable international shipping costs or duties. All payments must be made in U.S. funds. We accept Credit Cards, Money orders, and Personal checks. Personal checks require a 10-day waiting period for clearance, prior to shipment.

Order Acceptance and Shipment
All orders are subject to acceptance based on product availability and the completeness of the Users order. User receipt of an electronic or other form of order confirmation does not signify our acceptance of order. Learning Link Finders, Inc. reserves the right at any time after receipt of User's order to accept or decline the order for any reason. Additional verifications or information may be required before accepting any order. User agrees that he/she does not object to contacts made by Learning Link Finders, Inc. to User for any of the above purposes whether by telephone, email, or in writing and User agrees that such contacts are not a breach of any of Users rights.

Your Warranty
You, the User, affirm that all details provided on the order form, for the purpose of purchasing the goods are correct, that the credit card you are using is your own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.

Risk of Loss
All items purchased from DeadwoodChips.com are delivered to shipment carriers. The risk of loss and title for such items pass to you upon our delivery to the carrier.

Return Policy
Within twenty-one (21) days following our receipt or your order, you may return the item(s) to Learning Link Finders, Inc., for any reason, for a full refund. We will process your return promptly and will remit your refund in the within thirty (14) business days of our receiving your return. If your return is not due to our error, we will deduct the shipping costs from your refund.

Disclaimer of Warranties - Use of Web Site
OUR SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Learning Link Finders, Inc. DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Learning Link Finders, Inc. MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Learning Link Finders, Inc. OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL Learning Link Finders, Inc. BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEBSITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Learning Link Finders, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Indemnification
You agree to indemnify and hold harmless Learning Link Finders, Inc., its officers, employees, agents, co-branders, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.

Modification or Availability of Our Site
You agree that Learning Link Finders, Inc. may, in its own discretion, and at any time, modify, discontinue, or suspend its operation of Our Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Learning Link Finders, Inc. will not be liable for the consequences of doing so.

Termination
You agree that Learning Link Finders, Inc. may, in its sole discretion, and at any time, terminate your use of Our Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that we deem appropriate. You further agree that Learning Link Finders, Inc. will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to Our Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.

Severance
If any part of the Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be excluded from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Entire agreement
The Conditions (as amended from time to time) contain the entire agreement between the parties relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between the parties in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of the Conditions.

Applicable Law
The Agreement and the resolution of any dispute related to the Agreement, Our Site, or items you, the User, purchases through Our Site shall be governed by and construed in accordance with the laws of South Dakota, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Learning Link Finders, Inc. and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in South Dakota, County of Lawrence, and you agree to submit to the personal and exclusive jurisdiction of such courts.

Contact Information
If you have any questions or concerns with respect to the Agreement or Our Site you may contact us by e-mail by using our online Contact Us Form or by mail at:

Learning Link Finders, Inc.
DeadwoodChips.com
439 Golden Gate St.
Central City, SD 57754

Updated: January 22, 2004

www.deadwoodchips.com | www.docnmail.com - Websites - www.howtoedoit.com | www.accountingaide.com

All trademarks and registered trademarks appearing on the deadwoodchips.com are the property of their respective owners.