| General
These Terms of Use set forth herein apply to the handsmart.com and ananasgroup.com
web sites owned and operated by ANANAS GROUP. (the “Web Sites”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THESE
WEB SITES.
By using the Web Sites, you indicate your assent to the terms of use as
they appear in this document. If you do not agree to these terms of use,
please refrain from using the Web Sites. We reserve the right, at our
sole discretion, to change, modify, add, or remove portions of these terms
at any time. Please check these terms periodically for changes. Your continued
use of these Web Sites following the posting of changes to these terms
will mean you accept those changes.
Restrictions on use
of materials.
Unless otherwise explicitly
indicated, all materials, including images, illustrations, designs, icons,
photographs, video clips, written and other materials that are part of
these Web Sites are copyrights, trademarks and/or other intellectual properties
owned, controlled or licensed by ANANAS GROUP. ("ANANAS"). No
material from these Web Sites may be copied, reproduced, republished,
uploaded, posted, transmitted, or distributed in any way.
Modification of the
materials or use of the materials for any other purpose is a violation
of ANANAS's rights. For purposes of these terms, the use of any such material
on any other web site or networked computer environment is prohibited.
All trademarks, service marks, and trade names are proprietary to ANANAS.
Forums and public
communication.
"Forum" means a discussion group, bulletin board, news groups,
letters to the editors, webmaster(s) or employees, or e-mail function
offered as part of these Web Sites. You shall not upload to, distribute
through, or otherwise publish through a Forum on these Web Sites any content
which is libelous, defamatory, obscene, pornographic, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
that would constitute or encourage a criminal offense, violate the rights
of any party, or that would otherwise give rise to liability or violates
any law.
The Forums shall be used only in a noncommercial manner. You may not,
without ANANAS's express approval, distribute or otherwise publish any
material containing any solicitation of funds, promotion, advertising,
or solicitation for goods or services. You specifically acknowledge that
soliciting other guests of these Web Sites to join or become members of
any commercial online or offline service or other organization is expressly
prohibited.
Any messages, suggestions, ideas, Forum postings or concepts that are
submitted to ANANAS via these Web Sites shall become, and remain the property
of ANANAS. Furthermore, ANANAS is not responsible for the confidentiality
of any information communicated to these Web Sites. By communicating material
to the Web Sites, you grant ANANAS the right to publish the material in
products or publications for any purpose, including, but not limited to,
advertising and promotional purposes. You agree not to take action against
ANANAS or any of its officers, employees or managers in relation to material
that you submit.
Our privacy statement.
It is our policy to respect the privacy of our guests. Therefore, in general,
we will not monitor, edit, or disclose the contents of a guest's e-mail
unless required in the course of normal maintenance of these Web Sites
and its systems or unless required to do so by law or in the good-faith
belief that such action is necessary to: (1) comply with the law or comply
with legal process served on ANANAS; (2) protect and defend the legitimate
business interests, rights or property of ANANAS, it's users, customers
or affiliates; or (3) act in an emergency to protect the personal safety
of our guests or the public. Guests shall remain solely responsible for
the content of their messages.
DISCLAIMER.
THE MATERIALS IN THESE WEB SITES ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, ANANAS DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANANAS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR
THAT THESE WEB SITES OR THE SERVER(S) THAT MAKES THESE WEB SITES AVAILABLE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANANAS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE
OR THE RESULTS OF THE USE OF THE MATERIALS IN THESE WEB SITES IN TERMS
OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT
ANANAS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
ANANAS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THESE WEB SITES,
EVEN IF ANANAS OR AN ANANAS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT DEROGATING THE AFOREMENTIONED, IN NO EVENT SHALL ANANAS'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER
IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Jurisdictional issues.
These Web Sites are controlled and operated by ANANAS, Inc. from its offices
within the United States. ANANAS makes no representation that materials
in these Web Sites are appropriate or available for use in other locations.
Those who choose to access these Web Sites from other locations explicitly
accept the jurisdiction of the United States and its competent courts,
do so on their own initiative and are responsible for establishing the
usability or correctness of any information or materials under any or
all jurisdictions and the compliance of that information or material with
local laws, if and to the extent local laws are applicable.
Information found
on the Web Site.
ANANAS has used reasonable efforts in collecting, preparing and providing
quality information and material, but does not warrant or guarantee the
accuracy, completeness, adequacy or currency of the information contained
in or linked to these Web Sites. Users of information from these Web Sites
or links do so at their own risk.
Any reference made by these Web Sites to any specific commercial product,
process, or service (or provider of such product, process or service)
other than of ANANAS by trade name, trademark, hyperlink, or otherwise,
does not constitute or imply an endorsement, recommendation, or favoring
by ANANAS. Content on these Web Sites may be provided by third parties
and users. Any opinions, advice, statements, services, offers or other
information expressed or made available by third parties, including information
providers, users or others, are those of the respective author(s) or distributor(s)
and do not necessarily state or reflect those of ANANAS.
Links to other web
sites and services.
To the extent that these Web Sites contains links to outside services
and resources, ANANAS does not control the availability and content of
those outside services and resources. Any concerns regarding any such
service or resource, or any link thereto, should be directed to the particular
service or resource.
Termination.
These Terms of Use are effective until terminated by either party or modified
by ANANAS. You may terminate these terms at any time by destroying all
materials obtained from these Web Sites and all related documentation
and all copies and installations thereof, whether made under these terms
or otherwise. These terms will terminate immediately without notice from
ANANAS in ANANAS's sole discretion you fail to comply with any term or
provision of these Terms of Use. Upon termination, you must destroy all
materials obtained from these Web Sites and all copies thereof, whether
made under the terms of these terms or otherwise.
Other.
If any provision of these terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these
terms and shall not affect the validity and enforceability of any remaining
provisions.
This is the entire agreement between us relating to the subject matter
herein and may not be modified except as provided herein or in writing,
signed by both parties.
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