CastleHearth & Co. - Terms of Use

This web site is maintained by:
CastleHearth & Company, L.L.C.
P.O. Box 1686
Brighton, Michigan 48116-5486
734-474-1555

Restrictions on Use
This Web site is owned and operated by CastleHearth & Company, L.L.C. By accessing or using this site, you agree to the terms set forth in this Terms of Use agreement as changed from time to time. CastleHearth & Company retains the right, at its discretion, to change any of these terms in the future.

Ownership of Copyright
This site contains material that is owned or licensed by CastleHearth & Company. You may not copy, reproduce, upload, post, distribute, republish, retransmit, or modify in any way any of the material on this site, including computer code and software. Provided that you retain any and all copyright, trademark and other propreitary notices, you may download material for your personal, non-commercial use, or for publicity purposes as outlined in any bookseller service agreements on this site.

No Unsolicited Manuscripts or Product Ideas
CastleHearth & Company does not accept unsolicited manuscripts sent to it through its Web site, and takes no responsibility for any manuscript so transmitted.

License to CastleHearth & Company
By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with CastleHearth & Company through its Web site (a "Communication"), you are granting CastleHearth & Company a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, sublicense, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright, servicemark or patent laws in any relevant jurisdiction.

Notification of Additional Rules
This website may contain various bulletin boards, contests and other features that are each governed by additional rules. Please read those rules, posted or linked at each feature, before participating in them, as they form part of these Terms to which you agree through your continued use of this site. Also, please note that your postings to any bulletin boards or forums on this site become immediately public and will be accessible to anyone on the Internet.

Exclusion of Liability
YOUR USE OF THIS WEB SITE IS "AS IS", AND CASTLEHEARTH & COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT ITS SITE OR THE MATERIAL CONTAINED OR REFERRED TO ON IT, AND WILL NOT BE HELD LIABLE IN ANY WAY FOR YOUR USE OF IT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CASTLEHEARTH & COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CASTLEHEARTH & COMPANY FURTHER DOES NOT WARRANT THAT ITS WEB SITE OR THE PRODUCTS AND MATERIALS CONTAINED ON SUCH SITE ARE ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER FROM WHICH IT IS RUN IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL CODES. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL CASTLEHEARTH & COMPANY OR ANY AFFILIATED COMPANY OR INDIVIDUAL BE HELD LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, AND DAMAGES ARISING FROM LOST DATA, COMPUTER VIRUSES, DELETION OF FILES OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE CASTLEHEARTH & COMPANY SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE CASTLEHEARTH & COMPANY SITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CASTLEHEARTH & COMPANY RESERVES THE RIGHT TO CHANGE OR DISCONTINUE AT ANY TIME ANY ASPECT OR FEATURE OF THIS WEB SITE.

Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Links to Other Web Sites
CastleHearth & Company has provided links with other internet sites that are maintained by third parties, and may from time to time provide materials from such third party sites on this Web site. Neither CastleHearth & Company, its subsidiaries or affiliates in any way control the material contained on or the services or products offered through such third party sites. These terms and conditions apply solely to the CastleHearth & Company site and you should always review the terms and conditions of any site that you access through a link from this site.

Indemnity
You agree to defend, indemnify and hold CastleHearth & Company and any affiliated company or individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of the Web site or the Internet or the placement or transmission of any message or information on this Web site by you or your authorized users. CastleHearth & Company shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.

Termination
This agreement may be terminated by CastleHearth & Company at any time without notice. In the event of termination, you are no longer authorized to have access to the site, and all limitations on CastleHearth & Company's liability and on your use of CastleHearth & Company material shall survive.

These Terms and Conditions, along with any additional rules or conditions referred to herein and the CastleHearth & Company Privacy Policy, constitute the entire agreement and understanding between you and CastleHearth as to your use of the CastleHearth & Company Web site, superseding all prior or contemporaneous communications and/or proposals. These Terms and Conditions are severable, and in the event any provision is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the CastleHearth & Company Web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Jurisdiction
This agreement shall be governed by the laws of the State of Michigan without giving effect to its conflicts of law principles, and venue shall be in the state or federal courts located in the State of Michigan. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.

Version July 4, 2004.

Contact CastleHearth
If you have any concerns regarding "Terms of Use," please contact us at mail@chearth.com. Please include the words "Terms of Use" in the subject line of your e-mail.
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