|SimplySilkTM.com is owned and operated by Call Of The Wild.
Date of Last Revision: May 24, 2008.
Ownership of Copyright: SimplySilkTM.com contains material that is owned or licensed by Call Of The Wild. You may not copy, reproduce, post, distribute, republish, retransmit, or modify in any way any of the material on SimplySilkTM.com, including computer code and software, if any. SimplySilkTM.com uses osCommerce, an open source program, to process and maintain all shopping cart functions of this site. The open source code is not covered by this provision but proprietary content is, including but not limited to images and text.
License to Call Of The Wild: By posting messages, sending e-mails, inputting data, answering questions, uploading data or files or otherwise communicating with Call Of The Wild through SimplySilkTM.com (a "Communication"), you are granting Call Of The Wild a perpetual, non-exclusive, royalty-free, unrestricted, worldwide license to use, display, adapt, transmit and copy such Communication. The foregoing grant shall include the right to exploit any proprietary rights in such Communication, including but not limited to rights under trademark, copyright or servicemark in any relevant jurisdiction.
Exclusion of Liability: Your use of SimplySilkTM.com is "as is", and Call Of The Wild makes no representations or warranties, express or implied, about its site or the material contained or referred to on it, and will not be held liable in any way for your use of it. To the fullest extent permissible pursuant to applicable law, Call Of The Wild disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. Call Of The Wild further does not warrant that its web site or the products and materials contained on such site are error-free, or that errors will be corrected, or that SimplySilkTM.com or the server from which it is run is free of viruses or other potentially harmful codes. Under no circumstances, including negligence, shall Call Of The Wild be held liable for any direct, indirect, incidental, special or consequential damages and expenses whatsoever (including without limitation, health problems, lost profits, and damages arising from lost data, computer viruses, deletion of files or business interruption) arising out of or in any way connected with the use of the SimplySilkTM.com site, or for any information, software, products or services obtained through the SimplySilkTM.com site, whether such damages are based on contract, tort, strict liability or otherwise, even if advised of the possibility of such damages. Call Of The Wild reserves the right to change or discontinue at any time any aspect or feature of SimplySilkTM.com.
Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Indemnity: You agree to defend, indemnify and hold Call Of The Wild and any affiliated individual harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms by you or your authorized users, or in connection with the use of SimplySilkTM.com or the Internet or the placement or transmission of any message or information on SimplySilkTM.com by you or your authorized users. Call Of The Wild shall provide notice to you promptly of any such claim, suit or proceeding and shall reasonably cooperate with you, at your expense, in your defense of any such claim, suit or proceeding.
Termination: This agreement may be terminated by Call Of The Wild at any time without notice. In the event of termination, you are no longer authorized to have access to SimplySilkTM.com, and all limitations on Call Of The Wild's liability and on your use of Call Of The Wild material shall survive.
Jurisdiction: This agreement shall be governed by the laws of the State of Oregon without regard to its principles on choice of law, and venue shall be in the state or federal courts sitting in Lane County, Oregon. If any provision of this agreement is deemed unlawful, void or unenforceable, then such provision shall be severed from the agreement and the remainder of the agreement shall remain in effect.