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Terms of Use Agreement
This Terms of Use Agreement (this "Agreement") states the terms and conditions on which Lady M’s Beads (the "Company") agrees to allow you ("You") to use material and information (the "Material") accessible on or from this web site (this "Site"). By accessing, browsing or otherwise using any Material on or from this Site, You agree to be legally bound by the terms and conditions of this Agreement. If You do not agree with any term or condition of this Agreement, do not use this Site.
1.0 Intellectual Property. All Material on this Site, including, without limitation, the general design of the Material, are protected by trade dress, copyright, patent, moral rights, trademark and other laws relating to intellectual property and other proprietary rights, and are owned by the Company unless otherwise noted on this Site. The Material may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever, except with the express written permission of the Company, or to the extent that such use is authorized under United States copyright and other relevant laws. You hereby acknowledge and agree that the Company owns all right, title and interest in and to the Material, and all rights in any Material are expressly reserved to the Company and no licenses are granted or implied hereunder.
2.0 Use of this Site. You may download Material displayed on this Site for non-commercial, personal use only, provided you retain all proprietary notices contained within the Materials.
3.0 No Representations and Warranties. EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS-IS" WITHOUT ANY REPRESENTATION, WARRANTY, GUARANTEE, OR PROMISE OF ANY KIND WHATSOEVER, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUROSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE MAY CONTAIN INACCURATE, INCOMPLETE, OR OUT-OF-DATE MATERIAL. THE COMPANY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE MATERIAL, AND MAKES NO COMMITMENT TO UPDATE SUCH MATERIAL. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO THE USE OF, OR THE MATERIAL ON, THIS SITE SHALL BE TO DISCONTINUE ACCESSING THIS SITE OR USING THE MATERIAL CONTAINED HEREIN. YOU HEREBY ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH THIS SITE OR ANY MATERIAL CONTAINED HEREIN.
4.0 Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE, DISCLAIM AND OTHERWISE RELEASE THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ACTUAL ATTORNEYS’ FEES AND COSTS, AND CLAIMS FOR INTEREST), EVEN IF THE COMPANY IS OR HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY), YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY MATERIAL CONTAINED ON OR FROM THIS SITE.
5.0 Privacy Policy Statement. Any information that the Company may collect from You during your use of this Site is subject to our Privacy Policy. For the full text of our Privacy Policy, that is incorporated herein by this reference, please click here.
6.0 Product, Order, Payment and Shipping Policies. For the full text of our Product, Order, Payment and Shipping Policies, which is incorporated herein by this reference, please click here.
7.0 Links to Other Sites. The Company may provide links from or to other web sites maintained by third parties. The Company has not reviewed or endorsed these linked web sites, and You hereby acknowledge and agree that the Company shall not be responsible for the content, products, or services offered in such web sites. To the extent applicable, You are responsible for compliance with all local laws regarding material obtained from this Site or any linked web sites.
8.0 Governing Law. The laws of the United States of America and State of Oregon, without reference to any choice of law provisions, shall govern any claims related to, arising out of, or in connection with any use of, or Material on, this Site.
9.0 Modification of Site / Modification of Agreement / Termination of Agreement. The Company reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, this Site (or any part thereof) and/or this Agreement without notice to You. You hereby acknowledge and agree that the Company shall not be liable to You or any third party for any modification, suspension, or discontinuance of this Site and/or this Agreement. You can review the current version of this Agreement by clicking on the "Terms of Use Agreement" link at the bottom of the home page of this Site. You hereby acknowledge and agree that You will be bound by such modifications. This Agreement can be terminated at any time by the Company for any or no reason whatsoever at any time with or without prior notice to You.
10.0 Modification / Severability / Entire Agreement. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the parties hereto shall add as a part of this Agreement a provision as similar in terms to such invalid or unenforceable provisions as may be possible to be valid and enforceable. This Agreement constitutes the entire agreement by and between You and the Company pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understandings of the parties hereto.
11.0 Contact Us. If You have any questions about this Agreement or this Site, please email the Company at info@ladymbeads.com.
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