These terms and conditions of use are an agreement between backporchcafe.com and you the user or member (Members or Users will be referred to as "you" in this agreement). This agreement ("Agreement") also governs your use of any content or information (the "content") made available to you by The Back Porch Cafe through this website (the "site").
Please read these Terms and conditions of use carefully before using this site. By using this site, you signify your assent to these terms and conditions of use, as well as all provisions, disclaimers and disclosures on this site. If you do not agree to all these Terms and Conditions of use, do not use this Site. The Back Porch Cafe may revise and update this agreement at anytime. Your continued use of the site will mean you accept those changes.
By using this web site, you are indicating that you are eighteen (18) years old or older, and agree to be bound by this Agreement. You may print and keep a copy of this Agreement. We may change this Agreement from time to time. If we do make any changes, we will update this document accordingly (the date of the most recent change is displayed at the top of this document). It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes to the terms of the Agreement. By using this web site, you will be indicating that you agree to be bound by the changes. If you do not agree to be bound by the changes, you may not use this web site. You are responsible for all statements made and acts or omissions that occur while using this web site. You may not use this web site for any unlawful purpose. The Back Porch Cafe has the right to not display any material that we deem inappropriate example: Hateful or discriminatory material that doesn't reflect the look or philosophy of the site.
Hyperlinks and Third-Party Sites
As you use the site, you may encounter windows and hyperlinks that take you to web pages or websites of other companies with which we contact, either to make their content available to you or to enable you to communicate directly with those companies. The Back Porch Cafe has no control over such sites and resources. You acknowledge and agree that The Back Porch Cafe is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Back Porch Cafe shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Back Porch Cafe is not responsible for the availability of, or the content located on or through, any external site. If you choose to proceed to an external site, you proceed at your own risk.
Copyright and Other Proprietary Rights
The content and other intellectual property available through this website (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) is either the property of our members or The Back Porch Cafe and is protected by domestic and international copyright and other intellectual property laws. Submissions to The Back Porch Cafe remain the property of our members along with all applicable copyrights. This web site is also copyrighted as a collective work under United States copyright law. You may, disseminate and use information received through the site, provided you include all copyright and other proprietary rights notices with such portion of the content in the same form in which it appeared in this web site, original source attribution, and the phrase "Used with permission from The Back Porch Cafe". You may not post any content from this web site to news groups, mail lists or electronic bulletin boards, without the prior written consent of The Back Porch Cafe. To request consent for other matters, please contact The Back Porch Cafe. You acknowledge and agree that the Site and all information, data and content included therein (the "Content" contains proprietary and confidential information, including but not limited to text, graphics, logos, icons and images, which is protected by applicable intellectual property and other laws). You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or the Site's advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Copyright © 1989 - 2011 Susan Wood& The Back Porch Cafe. All rights reserved. All site contents and their arrangement are copyrighted in the U.S. and worldwide by international treaty by culturedpearl.us and its suppliers.
Any information, images, text, comments, or opinions posted on The Back Porch Cafe must be the original thoughts and work of the participant. The posting of information that plagiarizes, violates or infringes upon the right of any third party is not allowed. This includes copyright, trademark and proprietary rights. Non-original content may only be posted with the permission and due credit of the third party.
Disclaimer of Warranties and Liability
Due to the number of sources from which content is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content. The Back Porch Cafe and its affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, current-ness, non-infringement, merchantability or fitness for a particular purpose of the content available through The Back Porch Cafe. Neither The Back Porch Cafe nor any of its affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury resulting directly or indirectly from use of The Back Porch Cafe whether caused in whole or part by its negligence or contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering The Back Porch Cafe features or content. In no event will The Back Porch Cafe, its affiliates, agents or licensors be liable for any decision made or action taken by users in reliance on such features or content. The Back Porch Cafe and its affiliates, agents and licensors shall not be liable to users or anyone else for any consequential damages, including, without limitation, special, incidental, indirect, or similar damage, even if advised of the possibility of such damages.
Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Back Porch Cafe provides the Site and its content on an "As Is" basis, and The Back Porch Cafe grants no warranties to you (express, implied, statutory, or otherwise) via any communication with The Back Porch Cafe with respect to the site and the information received via the site. The Back Porch Cafe specifically disclaims any implied warranty of non-infringement, merchantability or fitness or a particular purpose. The Back Porch Cafe does not warrant that your use of the site will be uninterrupted, always available or error-free, The Back Porch Cafe will meet your requirements, or that any defects in the site will be corrected. The Back Porch Cafe disclaims liability for, and no warranty is made with respect to, the availability of the site, including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or other interruption in service.
Limitation of Liability
You agree that the sole and maximum liability of The Back Porch Cafe, its affiliates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with this web site or the content in this web site shall be limited to one hundred dollars.
The following trademarks are our property: culturedpearl.us & The Back Porch Cafe. These marks may not be used without our consent on any product or service, except our own, in a manner that confuses consumers or dilutes the distinctiveness of the marks. The Back Porch Cafe trademarks may not be used in connection with any product or service that is not The Back Porch Cafe, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Back Porch Cafe.
You agree to allow the use of any material posted on The Back Porch Cafe, to be used by The Back Porch Cafe to promote the site.
Governing Law and Jurisdiction
Your use of this web site and all related rights and obligations, shall be governed by the laws of the United States of America and the state of Delaware, Sussex County, as if your use was a contract wholly entered into and wholly performed within Delaware of proceeding with respect to this web site or any matter related thereto may be brought exclusively in the courts of Delaware venue in Rehoboth Beach or of the United States of America for the district of Delaware venue in Rehoboth Beach. By using this web site, you accept generally and unconditionally the jurisdiction of the a fore said courts and irrevocably waive any objection to such jurisdiction.
If any clause or provision set forth herein is determined to be illegal, in valid or unenforceable under present or future law, then, in that event, you understand and agree that the clause or provision so determined to be illegal, invalid or unenforceable shall be severed without affecting the enforceability of all remaining clauses or provisions. To the fullest extent permitted by applicable law, you waive your right to a jury trial with respect to any action brought under or in connection with these Terms and Conditions of use.
This site is provided by The Back Porch Cafe on an "as is" basis. The Back Porch Cafe makes no representations or warranties of any kind, express or implied, as to the operation of the site, the information, content, materials or products included on this site, to the full extent permissible by applicable law.
You agree to indemnify and hold The Back Porch Cafe and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorney fees, made by a third party due to or arising from or in connection with your use of the site, use of content provided via the site or breach of these terms and conditions of use.
You shall comply with all applicable laws, statues, ordinance and regulations regarding your use of the site.
Terms and Conditions last updated on May 1st, 2011.
It is the policy of The Back Porch Cafe that personal information, such as your name, postal and e-mail address or telephone number, is private and confidential. Accordingly, any personal information you may provide is stored in a secure location, is accessible only by the webmaster Ralph Manis, and is used only for the purposes for which you provide the information (such as to reply to your request, ask questions, or be added to our links pages).
We do not collect or retain credit card information on sales made through this website. This information is collected by our secure online shopping cart system and through our banks credit card processing system.
Never will we Release your Information to Third Parties:
Personal information will not be released to third parties. This information will be kept confidential and will never be released to other businesses or individuals. The only exception to this might be if release is required by law or is pertinent to judicial or governmental investigations or proceedings. There are no other circumstances under which we will provide share or sell personal information to third parties.
The Back Porch Cafe does employ cookies:
Some websites, pages and advertising or the servers may employ "cookies" to track information about the visits to our web pages. However this is done without actually identifying the visitor, instead giving a code as an identifier; these codes contain no personal information and cannot be used to gather such information.
If you wish to avoid even such anonymous tracking, simply turn off the "cookie" feature on your browser (which can be done from the "options" menu of most browsers). Remember that cookies are employed to provide better services to visitors and turning off this option will limit some functionality.