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Terms and Conditions of Use


LAST UPDATED AND EFFECTIVE DATE: March 17, 2009.

Welcome to the web site ("Site") of The Kitchen Witch Tea Room & Countrty Crafts ("The Kitchen Witch", "Company" "we" or "us"), www.kwpei.com, (the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. If you do not agree with this Terms and Conditions statement, do not use this Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.

Please note that the headings contained in this Terms and Conditions statement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions statement.

Our Business Structure

THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS is a privately owned and operated Partnership registered in Prince Edward Island, Canada.

Our Intellectual Property

THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS, the K WITCH logo, WITCH TWO?, MAM-GU's MEATLOAF, TAD-CU BREAD and other marks and logos are the intellectual property of The Kitchen Witch Tea Room & Country Crafts.

Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software collectively, the "intellectual property"), are protected by copyright, trademark and other laws of Canada, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by The Kitchen Witch Tea Room & Country Crafts. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.

Your use of this Site does not create, and nothing contained in this Site shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of The Kitchen Witch Tea Room & Country Crafts. This Site is provided free of charge and for informational purposes only and does not create a business or professional services relationship between you and The Kitchen Witch Tea Room & Country Crafts.

No portion of this Site may be reproduced, copied, duplicated, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by The Kitchen Witch Tea Room & Country Crafts.

You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.

Proper Use of Our Site

This website is made available to provide information about The Kitchen Witch Tea Room & Country Crafts located in Long River, Prince Edward Island, Canada.

You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national, international or other law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.

You agree to defend, indemnify and hold The Kitchen Witch Tea Room & Country Crafts, its officers, directors, employees, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.

Disclaimer of Warranty and Limitation of Liability

The Kitchen Witch Tea Room & Country Crafts does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.

THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS AND ITS SUPPLIERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.

UNDER NO CIRCUMSTANCES WILL THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS, ITS SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE AND/OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS OR NY SUCH OTHER PARTY HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH POTENTIAL DAMAGE.

THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS, ITS SUPPLIERS, SERVICE PROVIDERS AND ANY OTHERS INVOLVED IN CREATING THE SITE AND/OR ITS CONTENTS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE INFORMATION AVAILABLE ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR BUSINESS. THE KITCHEN WITCH TEA ROOM & COUNTRY CRAFTS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY OR CURRENCY OF SUCH INFORMATION.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the aggregate liability of The Kitchen Witch Tea Room & Country Crafts or supplier or any other party involved in creating this Site and/or its contents, to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.

Links to Other Sites

Our Site may provide links to web sites not operated by The Kitchen Witch Tea Room & Country Crafts. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, The Kitchen Witch Tea Room & Country Crafts' association, sponsorship, affiliation or endorsement of material on any other site, and The Kitchen Witch Tea Room & Country Crafts assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, The Kitchen Witch Tea Room & Country Crafts does not vouch for, or make any judgment or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Business is quoted or leaves a comment.

Although The Kitchen Witch Tea Room & Country Crafts may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.

Unless otherwise set forth in a written agreement between you and The Kitchen Witch Tea Room & Country Crafts, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to The Kitchen Witch Tea Room & Country Crafts' Site must be a text only link and clearly marked "The Kitchen Witch Tea Room & Country Crafts Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Kitchen Witch Tea Room & Country Crafts' names and trademarks, (iii) the link must "point" to the URL www.kwpei.com and not to other pages within The Kitchen Witch Tea Room & Country Crafts Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with The Kitchen Witch Tea Room & Country Crafts, (v) when selected by a user, the link must display The Kitchen Witch Tea Room & Country Crafts Site on full-screen and not within a "frame" on the linking Site, and (vi) The Kitchen Witch Tea Room & Country Crafts reserves the right to revoke its consent to the link at any time and in its sole discretion.

E-mail

E-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.

Feedback and Submissions

Except as described in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that The Kitchen Witch Tea Room & Country Crafts does not retain exclusive ownership of any such material, information, or ideas, then The Kitchen Witch Tea Room & Country Crafts retains a non-exclusive license to use them.

Employment Opportunities

The Kitchen Witch Tea Room & Country Crafts is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. The Kitchen Witch Tea Room & Country Crafts encourages all qualified applicants to apply.

Additional Terms

The Kitchen Witch Tea Room & Country Crafts may terminate your access to this Site immediately without notice if, in The Kitchen Witch Tea Room & Country Crafts' sole discretion, you fail to comply with any of the terms of this Terms and Conditions statement. You may terminate this agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any information you have obtained from the Site. The paragraphs entitled Our Intellectual Property, Disclaimer of Warranty and Limitation of Liability, Feedback and Submissions, Additional Terms, and Governing Law and Jurisdiction shall survive termination of this Terms and Conditions statement for any reason.

The Kitchen Witch Tea Room & Country Crafts reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.

Certain areas within this Site, may be governed by additional terms and conditions ("Additional Terms") presented in conjunction with those areas. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions statement, this Terms and Conditions statement shall control.

Privacy and Children's Information

Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.

No Waiver

No delay or failure by The Kitchen Witch Tea Room & Country Crafts to enforce any of these Terms and Conditions statement shall constitute a waiver of any of our rights under this Terms and Conditions statement. Neither the receipt of any funds by The Kitchen Witch Tea Room & Country Crafts nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of this Terms and Conditions statement. Only a specific, written waiver signed by an authorized representative of The Kitchen Witch Tea Room & Country Crafts shall have any legal effect.

Severability

If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.

Governing Law and Jurisdiction

This Kitchen Witch Tea Room & Country Crafts Site is operated by The Kitchen Witch Tea Room & Country Crafts. The laws of the Province of Prince Edward Island, Canada, shall govern this Terms and Conditions statement, without reference to its choice of law rules. The Kitchen Witch Tea Room & Country Crafts makes no representation that the information in this Site is appropriate or available for use outside of Canada, and access to The Kitchen Witch Tea Room & Country Crafts Site from territories where the content of The Kitchen Witch Tea Room & Country Crafts Site may be illegal is prohibited. If you access this Site from outside Canada, be advised this site may contain references to products and services that are not available or are prohibited in your country. Those who choose to access this Site from outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions statement and all policies and documents incorporated herein by reference constitute the entire agreement between The Kitchen Witch Tea Room & Country Crafts and you with respect to the subject matter herein.

This Terms and Conditions statement and any disputes arising under or related to this Terms and Conditions statement and/or the Privacy Policy or to this Site will be governed by Canadian law and the laws of the Province of Prince Edward Island, Canada, without reference to its conflict of law principles. You agree to submit to the personal jurisdiction and venue of the courts of the Province of Prince Edward Island, Canada, for any legal proceeding involving the Site, regardless of who initiated the proceeding.

This English-language Terms and Conditions statement is The Kitchen Witch Tea Room & Country Crafts' official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.

For More Information

If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to admin@kwpei.com or writing to us at The Kitchen Witch Tea Room & Country Crafts, 949 Long River Road, Kensington, Prince Edward Island C0B 1M0.












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