Terms and Conditions
Two sets of terms and conditions govern the use of this website. The first set is entitled Terms and Conditions for Eagle Corner (the “Dealer”) and are defined as (the “Dealer Terms and Conditions”) and relate to the information which is provided by the Dealer and their requirements for you using the website. The second set is entitled Terms and Conditions for Geronimo Web Limited (the “Geronimo Terms and Conditions”) who develop, manage and host the website and relate to the services which Geronimo Web Limited provide.
If there are any discrepancies between the Dealer Terms and Conditions and the Geronimo Terms and Conditions, the Geronimo Terms and Conditions shall take precedence and be binding.
Section 1 – Dealer Terms and Conditions
The Eagle Corner Web Site is comprised of various Web pages operated by Eagle Corner.
The Eagle Corner Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Eagle Corner Web Site constitutes your agreement to all such terms, conditions, and notices.
Eagle Corner reserves the right to change the terms, conditions, and notices under which the Eagle Corner Web Site is offered, including but not limited to the charges associated with the use of the Eagle Corner Web Site.
The Eagle Corner Web Site may contain links to other Web Sites (“ Linked Sites” ). The Linked Sites are not under the control of Eagle Corner and Eagle Corner is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eagle Corner is not responsible for webcasting or any other form of transmission received from any Linked Site. Eagle Corner is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eagle Corner of the site or any association with its operators.
As a condition of your use of the Eagle Corner Web Site, you warrant to Eagle Corner that you will not use the Eagle Corner Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Eagle Corner Web Site in any manner which could damage, disable, overburden, or impair the Eagle Corner Web Site or interfere with any other party’ s use and enjoyment of the Eagle Corner Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Eagle Corner Web Sites.
The Eagle Corner Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “ Communication Services” ), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’ s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Eagle Corner has no obligation to monitor the Communication Services. However, Eagle Corner reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Eagle Corner reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Eagle Corner reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Eagle Corner’ s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Eagle Corner does not control or endorse the content, messages or information found in any Communication Service and, therefore, Eagle Corner specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Eagle Corner spokespersons, and their views do not necessarily reflect those of Eagle Corner.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Eagle Corner does not claim ownership of the materials you provide to Eagle Corner (including feedback and suggestions) or post, upload, input or submit to any Eagle Corner Web Site or its associated services (collectively “ Submissions” ). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Eagle Corner, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Eagle Corner is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Eagle Corner’ s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The information, software, products, and services included in or available through the Eagle Corner web site may include inaccuracies or typographical errors. changes are periodically added to the information herein. Eagle Corner and/or its suppliers may make improvements and/or changes in the eagle corner web site at any time. Advice received via the Eagle Corner web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
Eagle Corner and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the Eagle Corner web site for any purpose. to the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “ as is” without warranty or condition of any kind. Eagle Corner and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
Eagle Corner reserves the right, in its sole discretion, to terminate your access to the Eagle Corner Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Eagle Corner Web Site. Use of the Eagle Corner Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Eagle Corner as a result of this agreement or use of the Eagle Corner Web Site. Eagle Corner’ s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Eagle Corner’ s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Eagle Corner Web Site or information provided to or gathered by Eagle Corner with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Eagle Corner with respect to the Eagle Corner Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Eagle Corner with respect to the Eagle Corner Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
All contents of the Eagle Corner Web Site are trademarks of Eagle Corner and/or its suppliers. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’ s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
Section 2 – Geronimo Terms and Conditions
1. About our Terms
1.1 These terms and conditions (Terms) explain how you may use this website (the Site) which is provided by Geronimo Web Limited, a company registered in England and Wales with company registration number 07057911 and whose registered office is at Unit 4, Prisma Park, Berrington Way, Basingstoke, England, RG24 8GT (We (and us and our shall have the same meaning)).
1.2 References in these Terms to the Site includes and all associated web pages.
1.3 You should read these Terms carefully before using the Site.
1.4 By accessing or using the Site or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them.
1.5 If you do not agree with or accept any of these Terms, you should stop using the Site immediately.
1.6 You acknowledge and accept that, in the event of a discrepancy between this version of the Terms and any translation of these Terms, the English version of the Terms shall prevail.
1.7 We may change these terms at any time without notice by updating the terms shown on this Site. It is your responsibility to review the Site terms each time you enter the Site to ensure you are aware of our latest terms and conditions. Your use of this Site after a change has been made signifies your acceptance of the revised terms. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 1.6.
2 Using the Site
2.1 The Site is for your personal and non-commercial use only. It is provided free of charge.
2.2 You agree that you are solely responsible for:
2.2.1 all costs and expenses you may incur in relation to your use of the Site; and
2.2.2 keeping your password and other account details confidential (if relevant).
2.3 We seek to make the Site as accessible as possible. If you have any difficulties using the Site, please contact us at: [email protected]
2.4 We may prevent or suspend your access to the Site if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
2.5 Any text, images, video, audio or other multimedia content, software or other information or material submitted to or on the Site (the Content) is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Site or the Content. The use of any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users is prohibited. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or the Content without our prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Site, except to the extent permitted above. Unauthorised use of this Site or its Content is prohibited.
2.6 We have no liability for any third-party communications you may receive or any actions you may take or refrain from taking as a result of any third-party communication you receive on the Site. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any third-party communications. We are not responsible for verifying and make no representations or warranty regarding any third-party communications on the Site.
3 Acceptable Use
3.1 As a condition of your use of the Site, you agree not to use the Site for:
3.1.1 for any purpose that is unlawful under any applicable law or prohibited by these Terms;
3.1.2 to commit any act of fraud;
3.1.3 to distribute viruses or malware or other similar harmful software code;
3.1.4 for purposes of promoting unsolicited advertising or sending spam;
3.1.5 to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
3.1.6 in any manner that disrupts the operation of our Site or business or the website or business of any other entity;
3.1.7 in any manner that harms minors;
3.1.8 to promote any unlawful activity;
3.1.9 to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
3.1.10 to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
3.1.11 to attempt to circumvent password or user authentication methods.
3.2 You may create a link to our Site from another website without our prior written consent provided no such link:
3.2.1 creates a frame or any other browser or border environment around the content of our Site;
3.2.2 implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Site;
3.2.3 displays any of the trade marks or logos used on our Site without our permission or that of the owner of such trade marks or logos; or
3.2.4 is placed on a website that itself breaches this Clause 3.
We reserve the right to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
4 Your privacy and personal information
5 Ownership, use and intellectual property rights
5.1 The Site and all intellectual property rights in it including but not limited to any Content are owned by us. Intellectual property rights means rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.
5.2 Nothing in these Terms grants you any legal rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Site.
5.3 The use of any trade marks on the Site is strictly prohibited unless you have our prior written permission.
6 Submitting information to the Site
6.1 While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not let us have any patentable ideas or patent applications, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (Unwanted Submissions). While we value your feedback, you agree not to submit any Unwanted Submissions.
6.2 We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or anybody else for any use of such Unwanted Submissions.
7 Accuracy of information and availability of the Site
7.1 While we try to make sure that the Site is accurate, up-to-date and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any purpose. Any reliance that you may place on the information on the Site is at your own risk.
7.2 We may suspend or terminate operation of the Site at any time as we see fit.
7.3 Information on the Site is provided by the Dealer. We cannot be held liable for any information which is deemed to be inaccurate, incorrect, untrue or misleading and make no warranties or representation in relation to the information. The information should not be relied on for any purposes.
7.4 While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times nor do we promise the uninterrupted use by you of the Site.
8 Hyperlinks and third-party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third party’s website, products or services. Your use of a third-party site may be governed by the terms and conditions of that third-party site.
9 Limitation on our liability
9.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
9.1.1 losses that:
(a)were not foreseeable to you and us when these Terms were formed; or
(b)that were not caused by any breach on our part;
9.1.2 business losses; and
9.1.3 losses to non-consumers.
10 Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11 Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
12 Investigations and Remedies
12.1 We reserve the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.
12.2 We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Site and any other Sites operated by us or our affiliates and their features.
13 Governing Law and Jurisdiction
These, and any non-contractual obligations arising out of or in connection with this Agreement, shall be governed by and construed in accordance English law. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claims which may arise under or in connection with this Agreement (including non-contractual disputes or claims).