American Journeys Terms & Conditions of Use
TERMS AND CONDITIONS OF USE Copyright 1998-2008 Wynmor, Inc. All Rights Reserved
Terms and Conditions of Use Policy
Use of this site signifies your agreement to the Terms and Conditions of Use.The following Terms and Conditions of Use are applicable to the Wynmor, Inc. Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
American Journeys is provided free of charge to you by Wynmor Inc. under these Terms and Conditions of Use. By using this Site, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the Site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Each time you log onto the Site, you will be deemed to have accepted any such changes.
USE OF MATERIALS
This Site is owned and operated by Wynmor, Inc. The materials used and displayed on this Site, including but not limited to software, text, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks and service marks, are the property of Wynmor, Inc. or its affiliates and are protected by copyright, trademark and other laws. No material on this Wynmor, Inc. Site may be copied, reproduced, modified, republished, uploaded, posted, transmitted, reprinted or distributed in any way without the expressed written permission of Wynmor, Inc., except that you may download or print one copy of the materials on any single computer for your personal, noncommercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Wynmor, Inc.'s copyright and other proprietary rights and may be subject to civil and/or criminal penalties.
By submitting any materials to us, including email, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, nonexclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, medium, or technology now known or later developed throughout the universe. In addition, you also warrant that the holder of any proprietary rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license state above. No compensation will be paid with respect to the use of your submission, as provided herein. Wynmor, Inc. is under no obligation to post or use any submission you may provide and may remove any submission at any time in Wynmor Inc.'s sole discretion.
COPYRIGHT AND TRADEMARK NOTICESAll contents of the Wynmor Inc. Site is: Copyright © 1996-2008 Wynmor, Inc. and/or its suppliers, 3323 SW J Highway, Plattsburg, Missouri 64477 U.S.A. All rights reserved. Any rights not expressly granted herein are reserved.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Wynmor, Inc. Site, you warrant to Wynmor, Inc. that you will not use the Wynmor, Inc. Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Wynmor, Inc. Site in any manner which could damage, disable, overburden, or impair the Wynmor, Inc. Site or interfere with any other party's use and enjoyment of the Wynmor Inc. Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wynmor, Inc. Site.
DISCLAIMER
Merchant and service availability, price and time-related information appearing on this Wynmor, Inc. Site is subject to change. Wynmor, Inc. is not responsible for any such changes and advises you to confirm all specific terms appearing on the Wynmor, Inc. Site before acting in reliance on such terms.
Third-party products and services represented on any Wynmor, Inc. Site is not necessarily endorsed or recommended by Wynmor, Inc. and Wynmor, Inc. disclaims all responsibility regarding the performance or the use of third-party products and services.
Wynmor, Inc. does not review or monitor any web sites linked to the Site and is not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. We make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links, and you hereby waive any claim you might have against Wynmor Inc. with respect to such sites.
THE WYNMOR INC. SITE CONTAINS INFORMATION, FACTS, AND OPINIONS FROM VARIOUS INDIVIDUALS AND ORGANIZATIONS. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. THE MATERIALS IN THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WYNMOR, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WYNMOR, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATE THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
WYNMOR, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT THE SITE DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WYNMOR INC. IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
WYNMOR INC. SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SITE. YOUR USE OF THE SITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH WYNMOR INC. SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
INDEMNITY AND LIMITATION OF LIABILITY
Your use of the Site is at your own risk. You agree to indemnify and hold Wynmor, Inc. (and its officers, directors, employees, agents and representatives) harmless against all claims, liabilities, losses, penalties, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WYNMOR, INC. BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF WYNMOR, INC. OR AN WYNMOR, INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WYNMOR INC. NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE AND THE INFORMATION AVAILABLE ON THE SITE OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE SERVICE AND THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL WYNMOR, INC.'s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
TERMINATION
Wynmor Inc. reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate these Terms and Conditions and/or your ability to access this Site upon any breach by you of the Terms and Conditions.MODIFICATION OF SITE
Wynmor, Inc. may modify or discontinue the Site with or without notice to you and without liability to you or any third party.Wynmor Inc. reserves the right to charge fees, surcharges and/or membership fees at any time upon thirty (30) days prior notice.
APPLICABLE LAW
These terms shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Jackson County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.The failure of either party to insist upon or enforce strict performance by the other party of any provisions of these Terms and Conditions of Use or to exercise any right under the Terms and Conditions of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
The above terms and policies may be subject to change; the result of any change will be reflected on these pages. January 1, 2008.
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