2. Trademarks and Trade Names
All trademarks, service marks, logos, graphics, domain names, metatags, trade dress, and trade names applicable to Elements of Charlotte Outdoor Living Company's business, operations, facilities, products and services (collectively, -----------Elements of Charlotte--------- Intellectual Property") are owned exclusively by Elements of Charlotte Outdoor Living Company. Elements of Charlotte Outdoor Living Company's Intellectual Property may not be used in connection with any product or service that is not Elements of Charlotte----------, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Elements of Charlotte. All other trademarks, service marks, logos, graphics product names and company names not owned by Elements of Charlotte Outdoor Living Company that appear on this Website are the property of their respective owners.
All content included on this Website, including, without limitation, text, graphics, logos, button icons, images, audio clips, and software, and the compilation (meaning the collection, arrangement, and assembly) of such content, are the property of Elements of Charlotte Outdoor Living Company, or its content suppliers and are protected by United States and international copyright laws. All software used on this Website is the property of Elements of Charlotte Outdoor Living Company, or its software suppliers and is protected by United States and international copyright laws. The content and software on this Website are to be used only for providing information regarding Elements of Charlotte Outdoor Living Company to persons who visit this Website. Any other use of the content and software on this Website, including the reproduction, modification, distribution, transmission, republication, display or performance of such content and software, is strictly prohibited.
4. Use of Website
5. Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY ELEMENTS OF CHARLOTTE OUTDOOR LIVING COMPANY ON AN ----------- BASIS AND MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. Elements of Charlotte MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO: THIS WEBSITE OR ANY OF THE INFORMATION, CONTENT AND MATERIALS INCLUDED ON THIS WEB SITE; THE OPERATION, USE OR RESULTS OF USE OF THIS WEBSITE; OR THE CORRECTNESS, ACCURACY, AND RELIABILITY OF THIS WEBSITE. ELEMENTS OF CHARLOTTE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, THAT THIS WEBSITE AND ANY OTHER SERVICES PROVIDED BY ELEMENTS OF CHARLOTTE OUTDOOR LIVING COMPANY WILL BE FREE OF ERRORS, THAT THE USE OF THIS WEBSITE WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. ELEMENTS OF CHARLOTTE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT.
6. Limitation of Liability
IN NO EVENT SHALL ELEMENTS OF CHARLOTTE OUTDOOR LIVING COMPANY BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOSS OF ANTICIPATED PROFITS OR BENEFITS, OR ANY OTHER ECONOMIC LOSS), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEBSITE OR THE DELAY INABILITY TO USE THIS WEBSITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, EVEN ELEMENTS OF CHARLOTTE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH LOSSES, INJURIES OR DAMAGES. YOU ASSUME THE ENTIRE RISK AND RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, ERRORS, USE OR RELIANCE ON INACCURATE INFORMATION, WEBSITE DOWN TIME OR INTERRUPTIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY, OR YOUR DISSATISFACTION WITH THIS WEBSITE, IS TO DISCONTINUE YOUR USE OF THIS WEBSITE.
7. Links to Other Sites
This Website may contain links to other websites not owned by Elements of Charlotte Outdoor Living Company, (the ----------Linked Sites"). The Linked Sites are not under the control of Elements of Charlotte, and Elements of Charlotte Outdoor Living Company is not responsible for the availability of such Linked Sites, does not endorse and is not responsible or liable for any content, products or other materials available on any Linked Site, including, without limitation, any link contained in a Linked Site. In the event that Elements of Charlotte Outdoor Living Company provides a link to a Linked Site, such links are provided only as a convenience, and the inclusion of any such link does not imply endorsement by Elements of Charlotte Outdoor Living Company of the Linked Site or any association with the Linked Site------------------- operators.
8. Legal Compliance
You agree to comply with all applicable laws, statutes, regulations and ordinances.
10. Notice/Procedure for Claims of Copyright Infringement
Note: This procedure is exclusively for notifying Elements of Charlotte Outdoor Living Company that you believe your copyrighted material has been infringed. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Elements of Charlotte---------------- Copyright Agent with a written notice containing the following information:
* A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you claim has been infringed;
* A description of the copyrighted work that you claim has been infringed upon;
* A description of the material that you claim to be infringing or to be the subject of infringing activity, and a description of where such material is located on this Website; Your address, telephone number, and e-mail address;
* A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
* A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner--------------------------- 201.38.