1. All software provided for use on an Apoogee.com Free Store remains the property of Apoogee.com in perpetuity. 2. Apoogee.com are the sole owners and operators of this web site. The user of this web site unconditionally agrees to be bound by these Terms and Conditions. If the user DOES NOT agree to these Terms and Conditions, the user should not, nor is permitted to, use this web site. These Terms and Conditions shall remain in full force so long as a user is operating a Store from this web site. Apoogee.com reserve the right to modify these Terms and Conditions. It is the responsibility of the user to ensure regular viewing of these Terms and Conditions. Protracted use of this web site constitutes the users agreement to any modifications to these Terms and Conditions. 3. Apoogee.com makes no assurances about the applicability for any purpose of this web site, including but not exclusively limited to; graphics, design, data, documents, textual content or any software within the web site. All existing web site content is agreed to and accepted by the user in an "As Seen" condition. 4. Apoogee.com is not responsible to the user. Such liability is expressly stated in these Terms and Conditions. The web site content may include outdated information, inaccuracies, omissions and/or other errors. Apoogee.com does not sanction the use, or the results of the use, of web site content related to its accuracy, reliability, exactitude or otherwise. The user shall assume full responsibility and costs for any necessary repairs, replacement and/or correction of any of the users computer hardware or any other property whatsoever as a result of using the Apoogee.com site. WHETHER APOOGEE.COM IS AT FAULT OR NOT. 5. Apoogee.com wholly disclaims liability for claims regarding loss or damage arising out of; Business activities of any registered Apoogee.com 'free store' owners Business related transactions between Apoogee.com 'free store' owners, specifically services provided, use of products, licensing, transactions or access to any other Apoogee.com 'free store' owners. Any Apoogee.com 'free store' owners acting in a negligent, misrepresentative or any other fashion to the user or others. 6. Apoogee.com accepts no liability regarding any unrelated/third party computer hardware, software, servers, telecommunication/connecting services or any other unrelated/third party products or services of any kind. The user accepts all responsibility. Apoogee.com does not guarantee that web site content will remain operative at all times, that defects will be remedied, or that any related Apoogee.com web sites or the services which make them available are unimpeded by viruses or any other pernicious constituent. 7. These Terms and Conditions include adherence to the Terms and Conditions of Miva Merchant. It is the users responsibility to review these Terms and Conditions available at http://www.miva.com 8. Apoogee.com will not, under any circumstances, be liable for any damages, loss of goodwill or lost profits arising out of any association with this web site, the users misuse/mishandling of the web site, web site content, or otherwise related to the use of any Apoogee.com web site. 9. Any misuse, illegal or inappropriate use of the Store operated by the user within Apoogee.com may result in the user forfeiting usage of the Store. Apoogee.com Store Owners are expressly forbidden to put up for sale any goods or services which contravene statute or any local or international laws, rules or regulations which might apply. Apoogee.com reserve the right to close down, without notice, any Store found to be operating in such a manner. 10. Apoogee.com and/or its respective suppliers make no representations about the suitability of the information contained in the Stores and related graphics, Apoogee.com do not provide any warranty of any kind. Apoogee.com disclaim all warranties and conditions with regard to goods and services offered by Stores, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Apoogee.com be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of goods or services provided by Store holders. 11. Apoogee.com will not, in any event and under any circumstances be held responsible or liable for the integrity of Stores or goods put up for sale and in accepting these terms Store Owners unequivocally accept these conditions. 12. The links within Apoogee.com may let you leave the site. The linked websites are not under the control of Apoogee.com and Apoogee.com does not make any representation or warranty regarding any linked web site and is not responsible for the contents, products or services of any linked web site or any link contained in a linked web site, or any changes or updates to such web sites. Apoogee.com will not be responsible to the user or anyone else for any products, services or other material that may be sold, licensed, distributed or promoted on such web sites or in any manner for any content on such web sites. Apoogee.com provides these links as a convenience, and the inclusion of any link does not imply endorsement by Apoogee.com of the web site. 13. All Site Content including Stores is Copyright © 2000 Apoogee.com User may not distribute, modify, copy, reproduce, publish, license, create derivative works of, transfer, or sell any Site Content, except that User may view the Site Content and download on any single computer one copy of the Site Content for personal, non commercial use. Site Content may not be used on any other web site or in any networked computer environment. Apoogee.com and its logo, service marks, trademarks, and/or trade style are owned exclusively by Apoogee.com All other trademarks, product names and company names cited herein are the property of their respective owners. All rights not expressly granted herein are reserved. User may not incorporate in any way (either in whole or in part), through framing or any other method, any Site Content into any other Web site in any manner whatsoever. 14. These Terms and Conditions supersedes all oral or written proposals and discussions. It remains in force until such time as either party wishes to terminate participation. Apoogee.com reserve the right to restrict user access to its web site without prior notice and for any reason. The user may close their Free Store at any time by destroying all web site content and documentation to date. Users may not assign any rights or delegate responsibilities without the prior signed consent of Apoogee.com in writing. 15. A Store may be closed at any time by Apoogee.com if Apoogee.com has reason to believe that the user has failed to adhere to these Terms and Conditions. Upon closure the user must destroy all web site content and documentation to date. 16. A declaration of acceptance by the User of the above terms and conditions represents an unconditional intention to be wholly bound thereby until such time as the agreement is annulled between Apoogee.com and the User in accordance with the rules thereof as set out in these terms and conditions. Copyright © 2000 Apoogee.com All rights reserved.