When you visit this Website, you
are agreeing that both your access to the Website and your use are governed by
these Terms of Use.
These Terms of Use May Change
NolaCajun.com reserves the right
to update or modify these Terms of Use at any time without prior notice. Your
use of the Website following any such change constitutes your agreement to
follow and be bound by the Terms of Use as changed. For this reason, we
encourage you to review these Terms of Use whenever you use the Website.
Site Contents
All of the content you see on the
Website, including, for example, all of the page headers, images,
illustrations, graphics, and text, are subject to trademark, service mark,
trade dress, copyright and/or other intellectual property rights or licenses
held by NolaCajun.com, one of its affiliates or by third parties who have
licensed their materials to NolaCajun.com. The entire content of the Website is
copyrighted as a collective work under U.S. copyright laws, and NolaCajun.com
owns a copyright in the selection, coordination, arrangement, and enhancement
of the content. The content of the Website, and the site as a whole, are
intended solely for personal, noncommercial use by the users of the site. You
may download, print and store selected portions of the content, provided you
(1) only use these copies of the content for your own personal, non-commercial
use, (2) do not copy or post the content on any network computer or broadcast
the content in any media, and (3) do not modify or alter the content in any
way, or delete or change any copyright or trademark notice. No right, title or
interest in any downloaded materials is transferred to you as a result of any
such downloading. NolaCajun.com reserves complete title and full intellectual
property rights in any content you download from the Website. Except as noted above,
you may not copy, download, reproduce, modify, publish, distribute, transmit,
transfer, or create derivative works from the content without first obtaining
written permission from NolaCajun.com.
Submissions
All comments, feedback,
suggestions, ideas, and other submissions disclosed, submitted or offered to
NolaCajun.com on or by the Website or otherwise disclosed, submitted or offered
to NolaCajun.com (collectively, "Comments") shall be and remain
NolaCajun.com's property. Such disclosure, submission or offer of any Comments
shall constitute an assignment to NolaCajun.com of all worldwide rights, titles
and interests in all copyrights and other intellectual properties in the
Comments. NolaCajun.com is and shall be under no obligation to maintain any Comments
in confidence or to pay to user any compensation for any Comments.
You agree that no Comments
submitted by you to NolaCajun.com will violate any right of any third party,
including copyright, trademark, privacy or other personal or proprietary right(s).
You are and shall remain solely responsible for the content of any Comments you
make.
Messages
You may not use unlawful,
obscene, profane, threatening, etc., language or content in any message sent to
a third-party through the use of any of the various NolaCajun.com messaging
services available to customers (“Message”), including, without limitation,
gift messages, greeting cards, and messages sent when forwarding product
information. Examples of the kinds of conduct or content that are
prohibited in a Message include:
·The impersonation of any
person or entity in any part of any Message.
·The transmission of any
content that could violate, or could facilitate the violation of,
any applicable law or regulation.
We
may, but are not obligated to, restrict or remove any and all content from a
Message that we determine in our sole discretion violates these guidelines or
is otherwise harmful to us, other NolaCajun.com customers, or any third party.
Privacy and
Your Information
Your
information is subject to NolaCajun.com’s Privacy Policy. For more
information, see our full Privacy Policy. You agree to the use of your
information in accordance with our Privacy Policy.
Inaccuracy
Disclaimer
From
time to time there may be information on the Website, in an email to you or in
our catalog that contains typographical errors, inaccuracies, or omissions that
may relate to product descriptions, pricing, and availability. NolaCajun.com
reserves 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).
Password
Security
If
you register for an account with the Website, you are responsible for
maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password.
Links
The
Website may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because NolaCajun.com has no control over such sites
and resources, NolaCajun.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or
liable for any content, advertising, products or other materials on or
available from such sites or resources. NolaCajun.com shall not be
responsible or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any such
content, goods or services available on or through any such site or resource.
Product
Information
Some
of the products displayed on the Website or in our catalog are available in
select NolaCajun.com stores. In some cases, merchandise displayed for sale on
the Website or in our catalog may not be available at NolaCajun.com stores. The
prices displayed on the Website or in our catalog are quoted in U.S. Dollars
and are valid and effective only in the U.S.
Colors
We
have done our best to display as accurately as possible the colors of the
products shown on the Website. However, because the colors you see will depend,
in large part, on your monitor, we cannot guarantee that your monitor’s display
of any color will be accurate.
Disclaimer of
Warranty
THIS
WEBSITE IS PROVIDED BY NOLACAJUN.COM ON AN "AS IS" AND "AS
AVAILABLE" BASIS. NOLACAJUN.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO
THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOLACAJUN.COM DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NOLACAJUN.COM DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
NOLACAJUN.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER
NOLACAJUN.COM, ITS CORPORATE PARENT(S), OR AFFILATES, NOR ANY OF ITS AND THEIR
RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, OR ASSIGNS WILL
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, OR PROFIT, LOSS OF OR DAMAGE TO
PROPERTY, AND CLAIMS OF THIRD PARTIES.
CERTAIN
STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
Indemnification
You
agree to defend, indemnify, and hold NolaCajun.com and its corporate parent(s)
and affiliates, and its and their respective directors, employees, agents,
successors, and assigns harmless from and against any and all claims, damages,
costs and expenses, including attorneys’ fees, arising from or related to your
use of the Website.
User Conduct
You
agree to use the Website only for lawful purposes. You agree not to take
any action that might compromise the security of the Website, render the
Website inaccessible to others, or otherwise cause damage to the Website or its
content. You agree not to use the Website in any manner that might
interfere with the rights of third parties.
Termination of
Usage
NolaCajun.com
may terminate your access, or suspend your access to all or part of the
Website, without notice, for any conduct that NolaCajun.com, in its sole
discretion, believes is a violation of these Terms of Use, is in violation of
any applicable law, or is harmful to the interests of another user, customer,
recipient, licensor, content or service provider, NolaCajun.com, or its
corporate parent(s) or affiliates.
Applicable Law
These
Terms of Use shall be governed in all respects by the laws of the State of
Louisiana, excluding its rules governing conflict of laws. You agree that
any claim or dispute you may have against NolaCajun.com must be resolved by a
court located in Jefferson Parish, LA. You agree to submit to the personal
jurisdiction of the courts located within Jefferson Parish, Louisiana for the
purpose of litigating all claims or disputes.
Waiver
The
failure of NolaCajun.com to exercise or enforce any right or provision of these
Terms of Use shall not constitute a waiver of such right or provision.
