Agreement between “User” and “The Tin Whistles”

The Tin Whistles Web Site is comprised of various Web pages operated by “The Tin Whistles” Inc. The Tin Whistles Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of The Tin Whistles Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The Tin Whistles reserve the right to change the terms, conditions, and notices under which The Tin Whistles Web Site is offered.

LINKS TO THIRD PARTY SITES

The Tin Whistles Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of The Tin Whistles and The Tin Whistles are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Tin Whistles are not responsible for webcasting or any other form of transmission received from any Linked Site. The Tin Whistles are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Tin Whistles of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of The Tin Whistles Web Site, you warrant to The Tin Whistles that you will not use The Tin Whistles Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use The Tin Whistles Web Site in any manner which could damage, disable, overburden, or impair The Tin Whistles Web Site or interfere with any other party's use and enjoyment of The Tin Whistles Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through The Tin Whistles Web Sites. The Tin Whistles reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Tin Whistles's sole discretion.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TIN WHIISTLES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE TIN WHISTLES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TIN WHISTLES WEB SITE AT ANY TIME. THE TIN WHISTLES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TIN WHISTLES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE TIN WHISLTES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TIN WHISTLES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TIN WHISTLES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TIN WHISTLES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TIN WHISTLES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TIN WHISTLES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE TIN WHISTlES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TIN WHISTLES WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TIN WHISTLES WEB SITE.

TERMINATION/ACCESS RESTRICTION

The Tin Whistles reserves the right, in its sole discretion, to terminate your access to The Tin Whistles Web Site and/or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Moore County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of The Tin Whistles Web Site. Use of The Tin Whistles Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Tin Whistles as a result of this agreement or use of The Tin Whistles Web Site. The Tin Whistles performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Tin Whistles right to comply with governmental, court and law enforcement requests or requirements relating to your use of The Tin Whistles Web Site or information provided to or gathered by The Tin Whistles with respect to such use. If any part 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. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and The Tin Whistles with respect to The Tin Whistles Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Tin Whistles with respect to The Tin Whistles Web Site. A printed version of this agreement and of any notice given in electronic form shall 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. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of The Tin Whistles Web Site are: Copyright 2019 The Tin Whistles Inc. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Legal@TinWhistles.com