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CONDITIONS AND
TERMS OF USE AGREEMENT
The following represents the terms of the agreement between the party
viewing this site and Hazel-Kentucky.com. If you view this site, you
agree to the terms and conditions defined herein. Please read the
following carefully:
 | Conditions
of Use: All individuals, companies, organizations, and other
entities accessing or using any part of this website in any way
expressly agree to the terms set forth herein and elsewhere on this
site. "Customer" or "you" or "your" refers to any and all
individuals, companies, organizations, and other entities who access
or use this website in any way imaginable, whether through existing
technology or through technology not heretofore manufactured or
discovered. "Hazel-Kentucky.com" or "the Company" or "We" refers to
Hazel Enterprises, LLC., d/b/a “Hazel-Kentucky.com”, its parents,
subsidiaries, officers, directors, employees, representatives,
attorneys, partners, successors, and assigns. "Customer Agreement"
or "Agreement" or "Terms of Use" refers to this document in its
entirety, whether located on the same or different web pages. |
| Agreement: This Agreement constitutes the entire and only agreement
between Hazel-Kentucky.com and a user of the Site ("User"), and
supersedes any and all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to the
Site, the content provided by or through the Site, and the subject
matter of this Agreement. Users agree to review this Agreement
prior to reviewing any information.
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| Copyright: The content,
organization, gathering, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, and other proprietary (including
but not limited to intellectual property) rights, and, the copying,
redistribution, use or publication by a User of any such content or
any part of the Site, except as allowed by Section 3, is prohibited.
The User does not acquire ownership rights to any content or
document obtained by or through the Site. |
| Limited Right to Use: The viewing or
downloading of any content, form or document grants the User only a
limited non-exclusive license for use solely by the User for his or
her own personal use and not for republication, distribution,
assignment, sublicense, sale, preparation of derivative works or
other use. No part of any content, form or document may be
reproduced in any form, including but not limited to by photostat,
microfilm, xerography, digitally, or incorporated into any
information retrieval system, electronic or mechanical, other than
for the User's personal use (but not for re-sale or
re-distribution). |
| Editing, Deleting, and Modification:
Hazel-Kentucky.com reserves the right in its sole discretion to edit
or delete any documents, information, or other content appearing on
the Site. |
| Indemnification. User agrees to
indemnify, defend and hold Hazel-Kentucky.com and its partners,
attorneys, staff and affiliates (together "Affiliated Parties")
harmless from any liability, loss, claim and expense, including
reasonable attorney's fees, related to a User's violation of this
Agreement or use of the Site. |
| Non-Transferable: User's right to use the
Site is not transferable. Any password given to User is not
transferable. |
| Disclaimer. THE INFORMATION FROM OR
THROUGH THE SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT
LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). HAZEL-KENTUCKY.COM
AND ITS AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR A USER’S
USE OF ANY INFORMATION. IN PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, HAZEL-KENTUCKY.COM AND THE AFFILIATED PARTIES ARE NOT
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF
THE BASIS OF THE BARGAIN BETWEEN HAZEL-KENTUCKY.COM AND USER. THIS
SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. HAZEL-KENTUCKY.COM
IS IN NO WAY AFFILIATED WITH THE CABIN, CORNER SHOPPE, GINGER'S
REFINISHING, GOOD STUFF, HEART OF HAZEL ANTIQUES, HORSE'S MOUTH, LA
MARCHE, MEMORY LANE ANTIQUE MALL, MISS MARTHA'S ANTIQUES, STATELINE
RANCH AND HOME, TOOTER'S ANTIQUE MALL, U-PICK-EM, THE WILLOW TREE,
LA COCINA MEXICANA RESTAURANT, ANN’S COUNTRY KITCHEN, OR THE CITY OF
HAZEL. THIS SITE AND ALL OF ITS CONTENT IS THE SOLE CREATION AND
OPINIONS OF HAZEL-KENTUCKY.COM AND ITS CREATORS. EVERY EFFORT HAS
BEEN MADE TO MAKE SURE THAT ONLY ACCURATE INFORMATION HAS BEEN
PLACED ON THIS SITE. IN THE EVENT OF A MISTAKE OR ERROR, HAZEL-KENTUCKY.COM
AND ITS AFFILIATES WILL BE HELD HARMLESS FROM LIABILITY.
 | Use of Information. Hazel-Kentucky.com
reserves the right, and Users authorize Hazel-Kentucky.com, to the
use and assignment of all information regarding Site uses by User
and all information provided by User. |
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| Miscellaneous: This Agreement shall be
treated as though it were executed and performed in Murray, KY. and
shall be governed by and construed in accordance with the laws of
the United States of America and of the State of Kentucky (without
regard to conflict of law principles). Any cause of action of User
with respect to the Site (and/or information, forms and agreements,
thereon) must be instituted within six (6) months after the cause of
action arose (if any) or be forever waived and barred. All actions
shall be subject to the limitations set forth in Section 7. The
language in this Agreement shall be interpreted as to its fair
meaning and not strictly for or against either party. All legal
proceedings arising out of or in connection with this Agreement
shall be brought solely in Murray, KY., and User expressly submits
to the exclusive jurisdiction of said courts and User consents to
extra-territorial service of process. Should any part of this
Agreement be held invalid or unenforceable, that portion shall be
construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties and the remaining
portions shall remain in full force and effect. To the extent that
anything in or associated with the Site is in conflict or
inconsistent with this Agreement, this Agreement shall take
precedence. Failure of Hazel-Kentucky.com to enforce any provision
of this Agreement shall not be deemed a waiver of such provision nor
of the right to enforce such provision. This Agreement may only be
amended in a writing that specifically refers to this Agreement,
executed by both parties hereto. |
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