Terms of use

1. General 1.1 This agreement ("Agreement") governs your use of the Infusion Diabolique and Infusion Angelique web site ("infusionique.com" or the "Site") operated by Black Squirrel Inc. ("Owner").

1.2 Owner reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on infusionique.com. Your continued use of the Site constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by Owner as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Site.

2. User Conduct

You agree not to:

(a) store, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the materials comprising or posted to the Site (the "Content"), in whole or in part, except as expressly permitted in this Agreement. You shall not store electronically any significant portion of any Content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of any Content is permitted without the express permission of Owner or the owners of such Content or their authorized representatives, if other than Owner's. You may download or copy the Content only for your own personal and non-commercial use, provided that you maintain all copyright and other notices contained in such Content. You may download from the Site any Content in the public domain for your own personal use or for non-commercial redistribution;
(b) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(c) transmit to or through the Site any material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Site;
(e) transmit to or through the Site any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (note that you assume all risk and responsibility for determining whether any material transmitted by you is in the public domain); or
(f) transmit to or through the Site any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

3. External Sites

infusionique.com may contain links to sites on the Internet owned and operated by third parties (the "External Sites"). You acknowledge that Owner is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

4. Use of Visitor Comments

By submitting a comment to infusionique.com or one of its contributors via email or otherwise, you grant to Owner, its designees, agents, representatives, assignees and licensees a nonexclusive worldwide, perpetual and absolute right and permission to use your comment or any derivative work made therefrom in any medium now existing or hereafter invented without further notification or compensation. You further waive and release any and all rights, claims and causes of action whatsoever you may have against Owner arising out of its use of your comment, on behalf of yourself, your relatives, heirs, assignees, executors and administrators. For the purpose of this waiver and release, "infusionique.com" includes Owner and its predecessors and successors in interest, parents, subsidiaries, affiliates and licensees and the officers, directors, owners and employees, assignees, licensees, distributors and advertising and promotional agencies of each of them ("the Released Parties"). You further agree that you will indemnify and hold harmless the Released Parties from and against all claims, liabilities, losses and damages arising out of the use of your comment by the Released Parties.

5. Privacy Policy

The only personal or contact information collected at infusionique.com are email addresses of visitors who contact infusionique.com or one of its contributors to make a comment or request information, or who sign up to receive a newsletter. These email addresses are used only for the purpose of responding to comments or requests for information or distributing the newsletter. infusionique.com does not sell, rent or trade personal information collected online and will not knowingly disclose any individual personal information to third parties other than persons or entities retained to carry out the functions of the Site, except as follows:

(1) When disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with the operations of the Site or the rights (including property rights) of third parties or of infusionique.com; or
(2) When infusionique.com reasonably believes that disclosure is required by law or to comply with legal process.

6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

6.1 NEITHER BERKSHIRE TRADING COMPANY NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES BERKSHIRE TRADING COMPANY, ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE CONTENT. THE SITE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF OWNER, THIRD PARTY CONTENT PROVIDERS OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SITE. NEITHER OWNER NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.

6.2 NEITHER OWNER, ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF OWNER, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

7. Miscellaneous

7.1 This Agreement shall be construed in accordance with the laws of the State of Massachusetts, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in Boston, Massachusetts.

7.2 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Site, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control.

7.3 If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions of the Agreement shall remain in full force and effect.