Welcome to Watkins Web Site. Please take a few minutes to review these Terms and Conditions. Your use of the Web Site constitutes your agreement to follow these Terms and Conditions and to be bound by them. If you do not agree to these Terms and Conditions, you may not use the Web Site.
Please note that special terms may apply to some services offered on the Web Site, like rules for particular contest or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these Terms and Conditions, and in the event of a conflict, prevail over these Terms and Conditions of use.
These Terms and Conditions May Change
Watkins reserves the right to update or modify these Terms and Conditions (including by modification, deletion and/or addition of any portion thereof) at any time without prior notice. For this reason, we encourage you to review these Terms and Conditions whenever you purchase products from us or use our Web Site.
Use of Our Web Site
Use of Content
You may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Web Site. Only if you obtain prior written consent from us and from all other entities with an interest in the relevant intellectual property may you publish, display or commercially exploit any material from the Web Site.
You must abide by all additional copyright notices or other restrictions contained in the Web Site. You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Web Site. You may not take any action to interfere with, or disrupt, the Web Site, circumvent security measures or attempt to exceed the limited authorization and access granted to you under these Terms and Conditions of use.
We welcome your comments about our Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively "Comments") sent to our Web Site shall be and remain the exclusive property of Watkins. Your submission of any such Comments shall constitute an assignment to Watkins of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Watkins will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Links to other Web Sites
These Terms and Conditions of use apply only to the Web Site and not to the sites of any other companies or organizations, including those to which the Web Site may link. To the extent our Web Site contains hyperlinks to outside services and resources, the availability and content of which Watkins does not control, any concerns regarding any such service or resource, or any hyperlink thereto, should be directed to the particular outside service or resource.
Other sites may link to any of the Web Site only through a plain-text link to the home page of such Site. Permission must be granted by us for any other type of link to the Web Site. To seek our permission, you may write to Watkins, Attention: Webmaster, 150 Liberty Street, Winona, MN 55987. We reserve the right, however, to rescind any permission granted by us to link through a plain-text link or any other type of link and to require termination of any such link to the Web Site at our discretion at any time.
If you access the Web Site anonymously, you may do so as a visitor and will not be required to provide personally identifiable information. However, in order to access certain services on the Web Site or to secure additional benefits, you may be required to provide specific information to register or create an account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person´s name, username, password or other account information. You also agree to promptly notify us at WebMaster@Watkins1868.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Web Site.
Any access codes or passwords provided should be safeguarded at all times. You are responsible for the security of your access codes and passwords and will be solely liable for any use or unauthorized use under such access codes or passwords.
THIS WEB SITE AND ALL CONTENT AVAILABLE ON THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND AVAILABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THAT EXCLUSION MAY NOT APPLY TO YOU. You acknowledge, by your use of this Web Site, that your use of this Web Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Web Site, and that Watkins shall not be liable for any damages of any kind related to your use of this Web Site.
From time to time there may be information on our Web Site or in our catalog that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Watkins reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).
Limitation of Liability
Under no circumstances, including negligence, shall we be liable to you or any other person or entity for any direct, indirect, incidental, special or consequential damages including lost profits, personal injury (including death) and property damage of any nature whatsoever, that result from the use of (or inability to use) the Web Site or any of its content. In no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including negligence) or otherwise exceed the amount paid by you, if any, for accessing or participating in any activity related to the Web Site. In addition, under no circumstances shall we be held liable for any delay or failure in performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control.
Subject to the foregoing, you agree that: (1) any and all disputes, claims, and causes of action arising out of or in connection with these Terms and Conditions of use or the Web Site shall be resolved individually, without resort to any form of class action, in a court of law having jurisdiction for Winona, MN; (2) any and all claims, judgments, and awards shall be limited to the actual out-of-pocket amount paid by you to Watkins, but in no event attorneys´ fees; and (3) under no circumstances will you be permitted to obtain awards for, and each Web Site user hereby waives all rights to claim punitive, incidental, or consequential damages, any other damages other than actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforce-ability of these Terms and Conditions of use, or the rights and obligations of users and us in connection with these Terms and Conditions of use, shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Minnesota or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Minnesota. If any of these Terms and Conditions of use are found unlawful, void, or for any reason unenforceable, then that provision will be considered sever-able from the remaining Terms and Conditions of use, and will not affect the validity and enforce-ability of the remaining provisions.
Waiver; Time Within Which Claims Must Be Brought
No waiver of any provision of these Terms and Conditions of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms and Conditions of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OF USE AND THIS WEB SITE MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE DISPUTE, CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
We control and operate the Web Site from our offices in the United States of America. We do not represent that Web Site content is appropriate or available for use in other locations. Persons who chose to access the Web Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Last Updated: March 14, 2011.