Website Disclaimer & Site Information

Welcome to the Internet Site of Daylilies. This Internet Site comprises various Web pages and is owned and operated by Daylilies. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS INTERNET SITE since both use of this Internet Site as well as all sale of products and services offered on this Internet Site are subject to the legal terms and conditions outlined below (collectively, the “Terms and Conditions”).

Your use of this Internet Site in any manner, including browsing, activating an account with us or making a purchase, constitutes your acknowledgement that you have read the Terms and Conditions and that you agree to follow and be bound by them. Daylilies reserves the right to modify or change the Terms and Conditions at any time without prior notice to you. Your continued use of the dayliliescreative.com website signifies your acceptance of such revised Terms and Conditions; therefore, we urge you to read them carefully each time you use this Internet Site.

Copyright

Copyright © 2009 Daylilies. All rights reserved.

No portion of this publication may be reproduced in any form, electronic or otherwise, for any purpose other than personal use without prior written permission of Daylilies.  Any materials in which copyright resides, other than Daylilies, is used by permission and belongs to respective owners of copyrighted material.

Users

Users are requested not to post any defamatory, abusive, profane, threatening, offensive or illegal materials, nor to use this site for any such purposes.

Personal and non-commercial use limitation
You may copy electronically or print hard copies of any of the Web pages from this Internet Site provided that such copying or printing is for your personal non-commercial and lawful use, and provided that such copies clearly display the copyright, trademark and any other proprietary notices of Daylilies. Except when the express written authorization of Daylilies is granted, you may not copy, transmit, distribute, display, perform, reproduce, publish, transfer, frame or create derivative works of any of the Web pages and information (including any portion of them) which is obtained from this Internet Site. Daylilies reserves complete title and full intellectual property rights in any material that you may copy electronically or print from this Internet Site.

Prohibited or unlawful use
You warrant to Daylilies that you will not use this Internet Site for any purpose that is either unlawful or prohibited by the Terms and Conditions. You agree not to use this Internet Site in any manner which could cause it to be disabled, damaged, overloaded, or impaired or interfere with any other person’s use and enjoyment of this Internet Site. You may not misrepresent your identity or location as a user and you may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Internet Site.

Account name and password
For certain activities on this Internet Site, you are required to have an account name and a password.  It is solely your responsibility to keep your account information and password secure.  You must not disclose your password to anyone.  You agree to notify Sears immediately of any unauthorized use of your account.  DAYLILIES DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR FAILURE TO KEEP YOUR ACCOUNT NAME AND PASSWORD SECURE.

No warranties

The information and services provided are “as is” with all faults and without warranty of any kind, expressed or implied. Daylilies makes no warranties or representations regarding the accuracy, completeness or suitability of the information and services.

Without prejudice to the generality of the foregoing paragraph, Daylilies does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind.  [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Daylilies is not responsible for any material posted by any third party. Daylilies specifically disclaims any and all liability for any claims or damages that may result from any posting by third parties.

Daylilies has provided links to other Internet sites only for the convenience of World Wide Web users, and is not responsible for the availability or content of other sites. Daylilies does not endorse, warrant or guarantee the products or services described or offered at these other Internet sites.

Limitations of liability

Daylilies will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Daylilies has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Daylilies liability in respect of any:

• death or personal injury caused by Daylilies negligence;
• fraud or fraudulent misrepresentation on the part of Daylilies; or
• matter which it would be illegal or unlawful for Daylilies to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a entity, Daylilies has an interest in limiting the personal liability of its owner and employees.  You agree that you will not bring any claim personally against Daylilies owner or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Daylilies owner, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Daylilies.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

This website disclaimer

This website disclaimer is based on a precedent created by template-contracts.co.uk and published by freenetlaw.com