|
|

terms and conditons
disclaimer
the waltz group makes no warranties or representations about the accuracy
or completeness of this site's content .
copyrights and trademarks
the entire content included in this site, including but not limited
to text, design, graphics, interfaces, reports or code and the selection
and arrangements thereof is copyrighted as a collective work under the
united states and other copyright laws, and is the property of the waltz
group. copyright 2000, 2001, 2002, 2003. all rights reserved. all trademarks,
service marks, and trade names are trademarks or registered trademarks
of and are proprietary to the waltz group, or other respective owners
that have granted the waltz group the right and license to use such
marks.
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, the waltz group 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.the waltz group 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, the server that makes
the site available are free of viruses or other harmful components.
the waltz group does not make any warranties or representations regarding
the use of products or 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.
limitation of liability
in no event shall the waltz group be liable for any direct, indirect,
special, punitive, incidental, exemplary or consequential, damages,
or any damages whatsoever, even if the waltz group 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
site user hereby agrees to indemnify, defend and hold harmless this
website and its owners from and against all losses, expenses, damages
and costs, including reasonable attorneys' fees resulting from the use
of this web site. under no circumstances, including negligence, shall
this web site, its officers and employees, agents, subcontractors, or
anyone else involved in creating, producing or distributing its services,
be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use this web site
or the products sold on this website even if this web site has been
advised of the possibility of such damages; or that results from mistakes,
omissions, interruptions, deletion or loss of files or data, errors,
defects, delays in operation, or of performance, whether or not limited
to acts of god, communication failure, theft, destruction or unauthorized
access to this web site's records, programs or services.
applicable laws
your use of this site shall be governed in all respects by the laws
of the state of arizona, u.s.a., without regard to choice of law provisions,
and not by the 1980 u.n. convention on contracts for the international
sale of goods. you agree that jurisdiction over and venue in any legal
proceeding directly or indirectly arising out of or relating to this
site (including but not limited to the purchase of the waltz group products)
shall be in the state or federal courts located in maricopa county,
arizona. any cause of action or claim you may have with respect to the
site (including but not limited to the purchase of the waltz group products)
must be commenced within one (1) year after the claim or cause of action
arises. the waltz group' failure to insist upon or enforce strict performance
of any provision of these terms and conditions shall not be construed
as a waiver of any provision or right. neither the course of conduct
between the parties nor trade practice shall act to modify any of these
terms and conditions. the waltz group may assign its rights and duties
under this agreement to any party at any time without notice to you.
the waltz group makes no representation that materials
in the site are appropriate or available for use in other locations,
and access to them from territories where their content is illegal is
prohibited. those who choose to access this site from locations outside
arizona do so on their own initiative and are responsible for compliance
with applicable local laws. you may not use or export the materials
in violation of u.s. export laws and regulations. any claim relating
to the materials shall be governed by the internal substantive laws
of the state of arizona.
arbitration
by using this site, you agree that the waltz group, 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. any award in an arbitration initiated
under this clause shall be limited to monetary damages and shall include
no injunction or direction to any party other than the direction to
pay a monetary amount. further, the arbitrator(s) shall have no authority
to award punitive, consequential or other damages not measured by the
prevailing party's actual damages in any arbitration initiated under
this section, except as may be required by statute.
typographical errors
in the event the waltz group' products or services are listed at an
incorrect price due to typographical error or error in pricing information
received from our suppliers, the waltz group shall have the right to
refuse or cancel any orders placed for product or service listed at
the incorrect price. the waltz group shall have the right to refuse
or cancel any such orders whether or not the order has been confirmed
and your credit card charged.
severance
if any provision of this agreement is found to be invalid by any court
having jurisdiction, the invalidity of such provision shall not affect
the validity of the remaining provisions of this agreement, which shall
remain in full force and effect.
entire agreement
except as provided herein, these terms and conditions are the entire
agreement between us and supersede any prior understanding or agreements
(written or oral).
privacy
policy
knowing the importance of an individual's privacy with
regards to their personal information, the waltz group clearly sets
forth their privacy policy within this statement.
notice
this organization collects personally identifiable information.
the waltz group uses personally identifiable information to facilitate
general business practices such as sales, marketing, billing, shipping,
and other such business related uses.
widthstanding the sale of the waltz group, the waltz
group will not sell your personal information to third parties. in the
case of the sale of the waltz group, the waltz group will require the
new owner to protect your collected personal information in accordance
with this privacy statement. as required, the waltz group will transfer
information to third parties which are either necessary to carry out
the transactions pertaining to the customer or are necessary to facilitate
general business practices such as to outside accounting, billing or
delivery companies.
the waltz group allows the customer to opt out regarding
how the waltz group uses your personal information as stated below in
the choice section of this privacy statement.
choice
if you do not want the waltz group to use your information
as provided for in the above notice section, please contact the waltz
group at privacyofficer@thewaltzgroup.com.
note, opting out of some uses may result in the inability of the waltz
group to complete the customers transaction or provide the requested
service.
data integrity
the waltz group takes reasonable steps to ensure that
data is reliable for its intended use, and that it is accurate, complete,
and current. if you need to update any information given to the waltz
group please contact customerservice@thewaltzgroup.com.
cookies
this organization does not use cookies. a cookie is a
piece of data stored on the user's hard drive containing information
about the user. some of our business partners or isp's may use cookies
on our site (for example, advertisers). however, we have no access to
or control over these cookies.
log files
ip addresses are not linked to personally identifiable
information. we use ip addresses to analyze trends, administer the site,
track user's movement, and gather broad demographic information for
aggregate use.
links
this web site may contain links to other sites. please
be aware that the waltz group is not responsible for the privacy practices
of such other sites. we encourage our users to be aware when they leave
our site and to read the privacy statements of each and every web site
that they visit.
if you have any questions regarding any aspect of the
waltz group' privacy policy please email your inquiries to privacyofficer@thewaltzgroup.com.
home faq
testimonials contact
us legal
dan waltz
281.993.1903
fax: 281.993.1904
email: dan@thewaltzgroup.com
©2004 the waltz group all rights
reserved.
site by designerwebsolutions
|