Terms and Conditions
CONTENTS
Terms and Conditions
Unless otherwise indicated, this Web Site and its contents are
the property of Ballymena, Inc. and/or its subsidiaries, affiliates,
licensors or assigns (collectively "BALLYMENA") and are protected,
without limitation, pursuant to U.S. and foreign copyright and trademark
laws. By accessing this Web Site, you agree to the following terms
and conditions. If you do not agree, you have no right or license to
access this Web Site and you should not do so. As used herein, the
phrase "this Web Site" refers to Myballymena.com and other
sites on the World Wide Web originating in the United States which
are owned and/or operated by BALLYMENA, except as may be otherwise
indicated on any other Web site.
Personal, Non-Commercial Use
You are authorized to download one copy of the material on this
Web Site on one computer for your personal, non-commercial use only,
and to print one hard copy of the material on this Web Site for your
personal, non-commercial use only. In doing so, you may not remove or
in any way alter any trademark, copyright, or other proprietary notice.
You may not modify, copy, distribute, republish, commercially exploit,
or upload any of the material on this Web Site without the prior written
consent of BALLYMENA, except as expressly allowed in the first sentence
of this paragraph and except to the extent as may be expressly allowed
in this Web Site from time to time in a "send to a friend" or
similar feature with respect to any particular material on this Web Site
(but in no event may you commercially exploit any such material without
the prior written consent of BALLYMENA). No intellectual property or
other rights in and to this Web Site, other than the limited right to
use set forth above, are transferred to you.
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Disclaimer
BALLYMENA MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO
THIS WEB SITE OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS." BALLYMENA
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION
THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS WEB SITE AND ANY
WEB SITE WITH WHICH IT IS LINKED. BALLYMENA ALSO MAKES NO REPRESENTATIONS
OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS WEB SITE,
OR ANY WEB SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT.
It is your responsibility to evaluate the accuracy and completeness of
all information, opinions and other material on this Web Site or any
web site with which it is linked. Price information and promotions are
subject to change without notice.
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No Liability
To the fullest extent permitted by applicable law, BALLYMENA and
its directors, officers, employees, agents, representatives, suppliers,
and contractors (all of the foregoing, collectively, the "Representatives")
shall in no event be liable for any claims, charges, demands, damages,
liabilities, losses, and expenses of whatever nature and howsoever arising,
including without limitation any compensatory, incidental, direct, indirect,
special, punitive, or consequential damages, loss of use, loss of data,
loss caused by a computer or electronic virus, loss of income or profit,
loss of or damage to property, claims of third parties, or other losses
of any kind or character, even if BALLYMENA has been advised of the possibility
of such damages or losses, arising out of or in connection with the use
of this Web Site or any web site with which it is linked. You assume
total responsibility for establishing such procedures for data back up
and virus checking as you consider necessary.
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Indemnification
You hereby agree to indemnify and hold harmless BALLYMENA and the
Representatives from and against any and all claims, charges, demands,
damages, liabilities, losses, and expenses of whatever nature and howsoever
arising (including but not limited to any legal or other professional
fees and the costs of defending or prosecuting any claim and any loss
of profit, goodwill, and any other direct or consequential loss) incurred
or suffered by BALLYMENA and the Representatives, directly or indirectly,
by reason of any act or omission which you commit in breach of these
terms and conditions (including but not limited to your obligations,
representations and warranties contained herein) and any other terms
and conditions or policies set forth elsewhere in this Web Site.
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Disclosure of Communications
You are cautioned that any online communications may not be fully
confidential. In addition, you should be aware that federal postal regulations
do not protect electronic mail. You should be aware that some administrative
personnel of BALLYMENA may, in the course of their regular duties, have
access to communications for technical or operational purposes. BALLYMENA
may also disclose any communications to the extent permitted or required
by law. The Privacy Policy sets forth the privacy policy for this Web
Site.
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Postings
The terms and conditions apply to any messages you may post on
this Web Site.
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Export Control Laws
The U.S. export control laws regulate the export and re-export
of technology originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations, including but not limited to the Export Administration Act
and the Arms Export Control Act, and not to transfer, by electronic transmission
or otherwise, any material from this Web Site to either a foreign national
or a foreign destination in violation of such laws.
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Applicable Law
This Web Site is created and controlled by Ballymena in the States
of Wisconsin and Alabama. As such, the substantive laws of the States
of Alabama and Wisconsin will govern these terms and conditions, without
giving effect to any principles of conflicts of law, except as to any
provisions which may be governed by the laws of the United States, in
which case the latter shall govern.
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Miscellaneous
These terms and conditions, together with any other terms and conditions
or policies set forth elsewhere in this Web Site, set forth the entire
understanding between you and BALLYMENA regarding this Web Site. BALLYMENA
reserves the right to make changes in its sole discretion at any time
to this Web Site, to these terms and conditions, and to any other terms
and conditions or policies set forth elsewhere in this Web Site.
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Trademarks
"Ballymena" and the Ballymena logo are service marks of Rich
Brands LLC and used under license by BALLYMENA.
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