Terms of Use and Notices

CHISHOLM TRAIL MERCANTILE, LLC Website Terms of Use and Notices

1. AGREEMENT, GENERAL
This is an agreement ("Agreement") between you and CHISHOLM TRAIL MERCANTILE, LLC. This Agreement governs your use of any WEB site or WEB page operated by CHISHOLM TRAIL MERCANTILE, LLC. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct.
CHISHOLM TRAIL MERCANTILE, LLC OFFERS THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY.

2. AGREEMENT, MODIFICATIONS
CHISHOLM TRAIL MERCANTILE, LLC reserves the right to change the terms, conditions, and notices under which it offers the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. Your continued use of the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS
The CHISHOLM TRAIL MERCANTILE, LLC WEB SITE may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, then the terms in this Agreement shall control.

4. COMMERCIAL, UNLAWFUL OR HARMFUL USE
The CHISHOLM TRAIL MERCANTILE, LLC WEB SITE is for your personal use only. You will not use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE for commercial purposes. You will not use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE in any way that is unlawful, or harms CHISHOLM TRAIL MERCANTILE, LLC, its affiliates, resellers, distributors, service providers and/or suppliers (each, a "CHISHOLM TRAIL MERCANTILE, LLC Party" and collectively, the "CHISHOLM TRAIL MERCANTILE, LLC Parties") or any customer of a CHISHOLM TRAIL MERCANTILE, LLC Party, as determined in CHISHOLM TRAIL MERCANTILE, LLC's sole discretion. CHISHOLM TRAIL MERCANTILE, LLC may tell you about certain specific harmful uses in a code of conduct or other notices available through the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, but has no obligation to do so. You may not use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE in any way that breaches any code of conduct, policy or other notice applicable to the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. Without limiting the generality of this section, you may not use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE in any manner that could damage, disable, overburden, or impair any CHISHOLM TRAIL MERCANTILE, LLC WEB SITE (or the network(s) connected to any CHISHOLM TRAIL MERCANTILE, LLC WEB SITE) or interfere with any other party's use and enjoyment of the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE.

5. DATA SUBMISSION; COMMUNICATIONS MONITORING
For information you provide via form data to CHISHOLM TRAIL MERCANTILE, LLC related to the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE (a "Submission"), you grant CHISHOLM TRAIL MERCANTILE, LLC permission to use such information soley for its business purposes, and in accordance with the CHISHOLM TRAIL MERCANTILE, LLC PRIVACY POLICY found elsewhere on this site. CHISHOLM TRAIL MERCANTILE, LLC endeavors to protect the rights, property, and interests of the CHISHOLM TRAIL MERCANTILE, LLC Parties or any customer of a CHISHOLM TRAIL MERCANTILE, LLC Party.

6. AVAILABLE INFORMATION
CHISHOLM TRAIL MERCANTILE, LLC and its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. CHISHOLM TRAIL MERCANTILE, LLC and its suppliers do not authorize the use of information available from the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

7. NO WARRANTY, EXPRESS OR IMPLIED
CHISHOLM TRAIL MERCANTILE, LLC PROVIDES THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CHISHOLM TRAIL MERCANTILE, LLC PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CHISHOLM TRAIL MERCANTILE, LLC PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

8. LIABILITY LIMITATION; EXCLUSIVE REMEDY
IN NO EVENT WILL ANY CHISHOLM TRAIL MERCANTILE, LLC PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, EVEN IF SUCH CHISHOLM TRAIL MERCANTILE, LLC PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY CHISHOLM TRAIL MERCANTILE, LLC PARTY WITH RESPECT TO THIS AGREEMENT OR THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE.

9. CHANGES TO WEB SITE; ADDITIONAL LIABILITY LIMITATION
THE CHISHOLM TRAIL MERCANTILE, LLC PARTIES MAY CHANGE THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, you should expect to receive, access or use information, materials, graphics, data and content (collectively, "Content") originated by CHISHOLM TRAIL MERCANTILE, LLC and persons other than CHISHOLM TRAIL MERCANTILE, LLC (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF RELEVANT SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT THE CHISHOLM TRAIL MERCANTILE, LLC PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF RELEVANT SECTIONS, YOU ACKNOWLEDGE AND AGREE THAT CHISHOLM TRAIL MERCANTILE, LLC IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE, (2) ANY INCOMPATIBILITY BETWEEN THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

10. TERMINATION; ACCESS RESTRICTION
CHISHOLM TRAIL MERCANTILE, LLC may terminate this Agreement, or terminate or suspend your access to the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE will immediately cease.

11. CHOICE OF LAW AND LOCATION FOR DISPUTE RESOLUTION
If this Agreement is with CHISHOLM TRAIL MERCANTILE, LLC, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Texas, without reference to conflict of laws principles. If this Agreement is with a CHISHOLM TRAIL MERCANTILE, LLC affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such CHISHOLM TRAIL MERCANTILE, LLC affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject CHISHOLM TRAIL MERCANTILE, LLC WEB SITE are directed. If this Agreement is with CHISHOLM TRAIL MERCANTILE, LLC, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Montague County, Texas, USA in all disputes arising out of or relating to the use of the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. If this Agreement is with a CHISHOLM TRAIL MERCANTILE, LLC affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such CHISHOLM TRAIL MERCANTILE, LLC affiliate in all disputes arising out of or relating to the use of the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE.

12. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then 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 this Agreement will continue in effect. CHISHOLM TRAIL MERCANTILE, LLC may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and CHISHOLM TRAIL MERCANTILE, LLC with respect to the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and CHISHOLM TRAIL MERCANTILE, LLC with respect to the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

13. TIME LIMITATION TO BRING CLAIM
YOU AND CHISHOLM TRAIL MERCANTILE, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE CHISHOLM TRAIL MERCANTILE, LLC WEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

14. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the CHISHOLM TRAIL MERCANTILE, LLC WEB SITE are Copyright © 2005-2006 CHISHOLM TRAIL MERCANTILE, LLC 104 E. Howell St., Saint Jo, Texas 76265 U.S.A. All rights reserved. CHISHOLM TRAIL MERCANTILE, LLC logo, and/or other CHISHOLM TRAIL MERCANTILE, LLC products and services referenced herein may also be either trademarks or registered trademarks of CHISHOLM TRAIL MERCANTILE, LLC in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.