This Web site (the "Site") is offered to you, the user, ("you" or "your")
conditioned solely upon your acceptance of all the provisions of this
Agreement. By accessing and using the Site, you agree to abide by all the
provisions of this Agreement.
THE RULE
We may from time to time change the rules that govern your use of our Site.
Your use of our Site following any such change constitutes your agreement to
follow and be bound by the rules as changed. We may change, move or delete
portions of, or may add to, our Site from time to time.
THE CONTENT
Unless otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other materials that
are part of this Site (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual properties owned, controlled
or licensed by Lauri Seghetti Inc., Designs Ispirato dba Never Enough Time Clock
Company referred to as "NETCC"). The Site as a whole is protected by copyright
and trade dress, all worldwide rights, titles and interests in and to which
are owned by NETCC. The Contents of our Site, and the Site as a whole,
are intended solely for personal, noncommercial use by the users of our Site.
You may download or copy the Contents and other downloadable materials
displayed on the Site for your personal use only provided you do not modify,
obscure or delete any copyright or other proprietary notices on this site. No
further reproduction, posting, republishing, uploading, transmission or
distribution, by any method or means is permitted. No right, title or interest
in any downloaded materials or software is transferred to you as a result of
any such downloading or copying. You may not reproduce (except as noted
above), publish, transmit, distribute, display, modify, create derivative
works from, sell or participate in any sale of, or exploit in any way, in
whole or in part, any of the Contents, the Site, or any related software.
THE SUBMISSION
All comments, feedback, postcards, suggestions, ideas, and other submissions
disclosed, submitted or offered to NETCC on, by, or through this Site or
otherwise disclosed, submitted or offered in connection with your use of this
Site (collectively, "Comments") shall be and remain NETCC's property. Such
disclosure, submission or offer of any Comments shall constitute an assignment
to NETCC of all worldwide rights, titles and interests in all copyrights and
other intellectual properties in the Comments. Thus, NETCC 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 Comments. NETCC is and shall be under no
obligation (1) to maintain any Comments in confidence; (2) to pay to user any
compensation for any Comments; or (3) to respond to any user Comments. Any
creative ideas, suggestions, designs, artwork, materials and communications
you send to this Internet site or otherwise to NETCC by electronic mail are on a
non-confidential basis, and NETCC is under no obligation to refrain from
reproducing, publishing or otherwise using them in any way for any purpose. NETCC
shall be free to use the content of any such communications, including any
ideas, inventions, concepts, techniques or know-how disclosed therein, for any
purpose, including the developing, manufacturing and/or marketing of goods or
services. You agree that no Comments submitted by you to the 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 Comments submitted
by you to the 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 Comments you make. You agree that NETCC may use and/or disclose
information about your demographics and use of the Site in any manner that
does not reveal your identity.
THE PRODUCT
The NETCC products displayed at the Site are available in hundreds of select
stores in the United States and foreign markets while supplies last. Any
prices displayed at the Site, however, are quoted in U.S. Dollars and are
displayed at the manufacturers suggested retail price and may or may not be
accurate at the point of purchase.
THE COLOR
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. However, as the actual colors you see
will depend on your monitor, we cannot guarantee that your monitor's display
of any color will be accurate.
THE LINKS TO OTHER WEB SITES AND SERVICE
To the extent that this Site contains links to outside services and resources,
the availability and content of which NETCC does not control, any concerns
regarding any such service or resource, or any link thereto, should be
directed to the particular outside service or resource.
THE DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE,
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL
RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND
THAT NETCC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF
THIS SITE.
THE INDEMNIFICATION
You agree to defend, indemnify and hold NETCC harmless from and against any and
all claims, damages, costs and expenses, including attorneys' fees, arising
from or related to your use of the Site.
THE LIMITATION OF LIABILITY
The information presented here has been compiled by NETCC from internal and
external sources. However, no representation is made or warranty given as to
the completeness or accuracy of such information. In particular, you should be
aware that this information may be incomplete, may contain errors or may have
become out of date. You should therefore verify information obtained from this
site before you act upon it. NETCC shall not be liable for any damages or injury
resulting from your access to, or inability to access this Internet site, or
from your reliance on any information provided in the site.
THE MISCELLANEOUS
Unless otherwise specified, this Site and the Contents thereof are displayed
solely for the purpose of promoting NETCC's products and services available in
the United States and select foreign markets. This Site is controlled and
operated by NETCC, and/or its assigns, from its offices in Spokane, Washington.
Use of the Site is unauthorized in any jurisdiction that does not give effect
to all provisions of these terms and conditions, including without limitation
this paragraph. This Agreement shall be construed in accordance with the laws
of the State of Washington, without regard to any conflict of law provisions.
Any dispute arising under this Agreement shall be resolved exclusively by the
state and federal courts of the State of Washington, County of Spokane.
THE TERMINATION
This Agreement is effective unless and until terminated by either you or NETCC.
You may terminate this Agreement at any time. NETCC also may terminate this
Agreement at any time and may do so immediately without notice, and
accordingly deny you access to the Site, if in NETCC's sole discretion you fail
to comply with any term or provision of this Agreement. Upon any termination
of this Agreement by either you or NETCC, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as well as all copies of such
materials, whether made under the terms of this Agreement or otherwise. If any
provision 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.
This Agreement constitutes the entire agreement between you and NETCC with
respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between you
and NETCC with respect to the Site. A printed version of this Agreement and of
any notice given in electronic form will be admissible in judicial or
administrative proceedings based upon or relating to this Agreement to the
same extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Any rights not
expressly granted herein are reserved to NETCC. (c) 2001 Lauri Seghetti. ALL
RIGHTS RESERVED. The following trademarks and service marks are registered in
the United States Patent and Trademark Office: Lauri Seghetti
Effective Date: August 1, 1999