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Four States Fair Disclaimer/Terms and Conditions |
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Legal Restrictions and Terms and Conditions for Use of Web Site TYPOGRAPHICAL ERRORS: In the event a FourStatesFair.com product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, FourStatesFair.com shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. FourStatesFair.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, FourStatesFair.com shall issue a credit to your credit card account in the amount of the incorrect price. USER PARTICIPATION. FourStatesFair.com does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, FourStatesFair.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, FourStatesFair.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to FourStatesFair.com at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by FourStatesFair.com in accordance with FourStatesFair.com Privacy Statement.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website's designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. FourStatesFair.com respects the intellectual property of others, and we ask our users and visitors to do the same. FourStatesFair.com will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, FourStatesFair.com will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide FourStatesFair.com the following information. Please be advised that to be effective, the Notification must include ALL of the following:
3.a description of where the material that you claim is infringing is located on the Site; 4.your address, telephone number, and email address and all other information reasonably sufficient to permit FourStatesFair.com to contact you; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under
penalty of perjury, that the above information in your Notice is accurate and
that you are the copyright owner or authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed. Trademark notice: The contents of this web site are owned by FourStatesFair.com and thus are protected from copying and simulation under national and international laws. Any and all text, graphics, and the general appearance of this web site are not to be reproduced or copied without the express written permission of FourStatesFair.com. GENERAL NOTICE: FourStatesFair.com strives to ensure that the information contained in this web site is accurate and reliable. However, FourStatesFair.com and the World Wide Web (or Web Site Host) are not infallible and errors may sometimes occur. Therefore, to the fullest extent permissible pursuant to applicable law, FourStatesFair.com disclaims any warranty of any kind, whether express or implied, as to any matter whatsoever relating to this web site, including without limitation the merchantability or fitness for any particular purpose. FourStatesFair.com will not be liable or responsible for any damages or injuries caused by use of this web site (such as viruses, omissions or misstatements). FourStatesFair.com may from time to time revise the information, services and the resources contained in this web site and reserves the right to make such changes without any obligation to notify past, current or prospective visitors. In no event shall FourStatesFair.com be liable for any indirect, special, incidental, or consequential damages arising out of any use of the information contained herein. COPYRIGHT NOTICE: The graphic images, buttons, graphic layout, and text contained in this web site are the exclusive property of FourStatesFair.com and, except for personal use, may not be copied, distributed, or displayed, or reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of FourStatesFair.com. NON-ORIGINAL CONTENT: In some instances, FourStatesFair.com has incorporated non-original content such as text or pictures, in this website. Proper credit has been given when the owner is known. In many cases, the original owner is not known, and thus FourStatesFair.com is unable to give the proper credit for the subject material. If you are the legal owner of such material, and wish to have it credited to you or removed from the website, please contact the webmaster and the appropriate changes will be made in a reasonable amount of time. THIRD-PARTY LINKS: In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with FourStatesFair.com, FourStatesFair.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of FourStatesFair.com. FourStatesFair.com has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that FourStatesFair.com sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, FourStatesFair.com seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. LIMITATION OF LIABILITY: IN NO EVENT SHALL FourStatesFair.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF FourStatesFair.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. INDEMNIFICATION: You agree to indemnify, defend, and hold harmless FourStatesFair.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account. ARBITRATION: By using this Site, you agree that
FourStatesFair.com, at its sole discretion, may require you to submit any
disputes arising from the use of this Site, or these Terms and Conditions
concerning or, including disputes arising from or concerning their
interpretation, violation, nullity, invalidity, non-performance or termination,
as well as disputes about filling gaps in this contract or its adaptation to
newly arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration Association, by
one or more arbitrators appointed in accordance with the said Rules.
Notwithstanding these rules, however, such proceeding shall be governed by the
laws of the state as set forth in the previous section. DISCLAIMER: FourStatesFair.com makes no warranties
or representations about the accuracy or completeness of this Site's content or
the content of any site or External Sites. THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FourStatesFair.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. FourStatesFair.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FourStatesFair.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION Unless otherwise specified, the FourStatesFair.com Web Sites are for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the FourStatesFair.com Web Sites. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with FourStatesFair.com or to purchase FourStatesFair.com products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of FourStatesFair.com is strictly prohibited. Harassment in any manner or form on the Site or any of the FourStatesFair.com Websites, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a FourStatesFair.com employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization. AGREEMENT BETWEEN USER AND FourStatesFair.com The network of Web Sites (collectively, the "FourStatesFair.com Web Sites") operated by The FourStatesFair.com Company or its affiliates or subsidiaries, is comprised of various Web sites and Web pages. The FourStatesFair.com Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the FourStatesFair.com Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular FourStatesFair.com website included within the FourStatesFair.com Web Sites network may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms"). Additionally, the FourStatesFair.com Web Sites may themselves contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular FourStatesFair.com website, then these terms shall control. GENERAL: FourStatesFair.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. All material © Copyright 2006 by FourStatesFair.com |
Four States Fair & Rodeo™ Four States Fair Grounds, 3700 East 50th Street, Texarkana, AR 71854
Telephone (870) 773-2941 Fax (870) 772-0713
Web site design, content and layout concepts courtesy of Lisa Barr, Jimmy Curtis and Curtis Wright