Terms of Use
TERMS OF USE Legal Terms (last updated April, 2009) Welcome to the Casablanca Traders website (the "Site"). Please review the following basic terms that govern your use of this Site (this "Agreement"). This Site is operated and controlled by Casablanca Traders. ("CT"). CT grants you permission to view this Site and to download and print individual pages from this Site and, if applicable, to order products from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this Agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site. No right title or interest in any downloaded materials is transferred to you as a result of any such downloading, copying or printing. Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to CT that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this Agreement, CT will not enter into any agreement with you or have any obligation to you through this Site and no attempt to create such an agreement or obligation will be effective. Copyrights and Trademarks Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of this Site are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered (the "Intellectual Property") owned, controlled or licensed by CT. This Site as a whole is protected by copyright and trade dress. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Intellectual Property displayed or used on the Site, without the prior written permission of the Intellectual Property owner. Casablanca Traders aggressively enforces its intellectual property rights to the fullest extent of the law. The names and logos of Casablanca Traders may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from Casablanca Traders. Casablanca Traders prohibits use of any logo of Casablanca Traders as part of a link to or from any site unless establishment of such a link is approved in advance by Casablanca Traders in writing. Fair use of Casablanca Traders’ Intellectual Property requires proper acknowledgment. Other product and company names mentioned in this Site may be the Intellectual Property of their respective owners. NO WARRANTIES; EXCLUSION OF LIABILITY; INDEMNIFICATION THIS SITE IS OPERATED BY CASABLANCA TRADERS, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CASABLANCA TRADERS MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE CASABLANCA TRADERS BUSINESS SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. THE CASABLANCA TRADERS BUSINESS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL CASABLANCA TRADERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, THE MATERIALS IN THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, THE CASABLANCA TRADERS BUSINES DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, BUT SUBJECT TO THE RETURN POLICY, THE CASABLANCA TRADERS BUSINESS DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. THE CASABLANCA TRADERS BUSINESS MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. You agree to defend, indemnify and hold the Casablanca Traders business harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of this Site. Colors We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Correction of Errors and Inaccuracies The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your online purchase from the Site you may return it with the original packing receipt in accordance with our Return Policy. All comments, feedback, postcards, suggestions, ideas and other submissions disclosed, submitted or offered to CT on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site, including, without limitation, postings in any chat room (collectively, "Communication") shall be and remain the property of CT. Such disclosure, submission or offer of any Communication shall constitute an assignment to CT of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Communication. Accordingly, CT will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Communication. CT is and shall be under no obligation (1) to maintain any Communication in confidence; (2) to pay you or anyone else any compensation for any Communication; or (3) to respond to your Communication. You agree that no Communication submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Communication submitted by you to this Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Communication you make and we are not responsible for any falsehoods or inaccuracies in the information you provide us through this site. You agree that CT may use and/or disclose information about your demographics and use of this Site in any manner that does not reveal your identity. You agree that CT may (but shall not be obligated to) send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of CT’s products or services, or for such other purpose(s) as CT deems appropriate. CT reserves the right to remove any postings to the Site’s bulletin board that CT deems offensive, harassing, illegal or otherwise inappropriate. Posting of any message on the bulletin board does not imply any endorsement of the material in such posting. While CT will periodically review the posted materials and attempt to remove offensive postings, CT does not represent that such items will not be posted and shall have no liability with respect to any such postings. In addition, CT does not represent that postings will remain on the bulletin board for any period of time. The same may be removed by CT from time to time in CT’s sole discretion. CT may, but is not obligated to, monitor any chat room activity and refuse access to any user CT determines, in its sole discretion, is not complying with the terms of use. General Information You agree that this Agreement and your use of this Site are governed by the laws of the Commonwealth of Wisconsin, USA. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Bayfield County, Wisconsin, USA, in all disputes (a) arising out of, relating to or concerning this Site and/or this Agreement, (b) in which this Site and/or this Agreement is an issue or a material fact, or (c) in which this Site and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this Agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. CT has endeavored to comply with all legal requirements known to it in creating and maintaining this Site but makes no representation that materials on this Site are appropriate or available for use in any particular jurisdiction. Use of this Site is unauthorized in any jurisdiction where all or any portion of this Site may violate any legal requirements and you agree not to access this Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this Agreement is at your own risk and, if any part of this Agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall govern such use. Any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association, and any such arbitration proceedings shall be brought and held exclusively in Bayfield County, Wisconsin, USA. The decisions of the arbitrators shall be final, binding and conclusive upon all parties involved, and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. The Convention on International Sale of Goods shall not apply to any sale or other transaction made through this Site. You agree that CT may at any time and without notice change the terms, conditions and notices under which this Site is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and CT as a result of this Agreement or your use of this Site. CT’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of CT’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by CT with respect to such use. This Agreement constitutes the entire agreement between you and CT with respect to this Site. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CT with respect to this Site. No modification of this Agreement shall be effective unless it is authored by CT or its affiliates, or unless it is physically signed by a CT officer. Any alleged waiver of any breach of this Agreement shall not be deemed to be a waiver of any future breach. A printed version of this Agreement and/or of any notice given by CT in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or your use of this Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by CT in printed form.