Terms of Use

Introduction

These terms of use govern your use of this website; by using this website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use this website.

Please also read our Privacy Policy.

License to use website

Unless otherwise stated, Nutmeg and Binky's and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or images from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
• edit or otherwise modify any material on the website; or
• redistribute material from this website, except for content specifically and expressly made available for redistribution.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Nutmeg and Binky's express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Nutmeg and Binky's express written consent.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Nutmeg and Binky's makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Nutmeg and Binky's does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Limitations of liability

Nutmeg and Binky's will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Nutmeg and Binky's has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Nutmeg and Binky's liability in respect of any:

• death or personal injury caused by Nutmeg and Binky's negligence;
• fraud or fraudulent misrepresentation on the part of Nutmeg and Binky's; or
• matter which it would be illegal or unlawful for Nutmeg and Binky's to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Nutmeg and Binky's has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Nutmeg and Binky's officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Nutmeg and Binky's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Nutmeg and Binky's.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Nutmeg and Binky's and undertake to keep Nutmeg and Binky's indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Nutmeg and Binky's to a third party in settlement of a claim or dispute on the advice of Nutmeg and Binky's legal advisers) incurred or suffered by Nutmeg and Binky's arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms of use.

Breaches of these terms of use

Without prejudice to Nutmeg and Binky's other rights under these terms of use, if you breach these terms of use in any way, Nutmeg and Binky's may take such action as Nutmeg and Binky's deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Nutmeg and Binky's may revise these terms of use from time-to-time. Revised terms of use will apply to the use of this website from the date of the publication of the revised terms of use on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Nutmeg and Binky's may transfer, sub-contract or otherwise deal with Nutmeg and Binky's rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

Severability

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms of use, together with the Privacy Statement, constitute the entire agreement between you and Nutmeg and Binky's in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms of use will be governed by and construed in accordance with United States law, and any disputes relating to these terms of use will be subject to the exclusive jurisdiction of the courts of Washington, United States.

Contact

You can contact Nutmeg and Binky's by email to nutmeg@nutmegandbinky.com.

Credit

This document was created using a Contractology template available at http://www.freenetlaw.com.