Conditions of Use June 20, 2006
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. We maintain this web site as a service to our customers, and by using our site
you are agreeing to comply with and be bound by the following terms of use. Please review
the following terms and conditions carefully, and check them periodically for changes. If
you do not agree to the terms and conditions, you should not review information or obtain
goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN
ORDER TO PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms
and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement prior to using
the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, registered trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of any right in
such information and materials.
3. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the Site, including this
Agreement, without further notice to users of the Site.
4. Indemnification. You agree to indemnify, defend and hold us and our attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
5. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. Limits. All responsibility or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum
liability to you under all circumstances will be equal to the purchase price you pay for any
goods, services or information.
7. Use of Information. We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
8. Third-Party Services. We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain certain goods or services.
You understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered into between you
and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
9. Third-Party Merchant Policies. All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any representations or
commitments on behalf of the other.
10. Privacy Policy. Our Privacy Policy as it may change from time to time, is a part of this
Agreement.
11. Payments. You represent and warrant that if you are purchasing something from us or
from our Merchants that (i) any credit card information you supply is true, correct and
complete, (i) charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any shipping fees
and applicable taxes.
12. Securities Laws. This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
13. Links to Other Web Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
14. Submissions. All suggestions, ideas, notes, concepts and other information you may
from time to time send to us (collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence on our part.
Without limiting the foregoing, we shall be deemed to own all known and hereafter existing
rights of every kind and nature regarding the Submissions and shall be entitled to
unrestricted use of the Submissions for any purpose, without compensation to the provider
of the Submissions.
15. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF
THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE,
SHALL BE LITIGATED IN THE CIRCUIT COURT OF KING COUNTY,WASHINGTON OR THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WASHINGTON. YOU ARE
EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN
ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY
CLAIM THAT KENT, WASHINGTON IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by It's Just
Charming in the State of WASHINGTON, USA. As such, the laws of WASHINGTON will
govern the terms and conditions contained in this Agreement and elsewhere throughout
the Site, without giving effect to any principles of conflicts of laws.
It's Just Charming
(253)740-8071
info@itsjustcharming.com
Terms and Conditions of Use Agreement
PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING
THIS SITE. We maintain this web site as a service to our customers, and by using our site
you are agreeing to comply with and be bound by the following terms of use. Please review
the following terms and conditions carefully, and check them periodically for changes. If
you do not agree to the terms and conditions, you should not review information or obtain
goods, services or products from this site.
PLEASE NOTE: YOU MUST BE 18 YEARS OLD OR OLDER AND A U.S. RESIDENT IN
ORDER TO PARTICIPATE ON OUR SITE.
1. Acceptance of Agreement. You agree to the terms and conditions outlined in this Terms
and Conditions of use Agreement ("Agreement") with respect to our site (the "Site"). This
Agreement constitutes the entire and only agreement between us and you, and
supersedes all prior or contemporaneous agreements, representations, warranties and
understandings with respect to the Site, the content, products or services provided by or
through the Site, and the subject matter of this Agreement. This Agreement may be
amended by us at any time and from time to time without specific notice to you. The latest
Agreement will be posted on the Site, and you should review this Agreement prior to using
the Site.
2. Copyright. The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site are protected under
applicable copyrights, trademarks, registered trademarks and other proprietary (including
but not limited to intellectual property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire
ownership rights to any content, document or other materials viewed through the Site. The
posting of information or materials on the Site does not constitute a waiver of any right in
such information and materials.
3. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or
delete any documents, information or other content appearing on the Site, including this
Agreement, without further notice to users of the Site.
4. Indemnification. You agree to indemnify, defend and hold us and our attorneys, staff and
affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and
expense, including reasonable attorney's fees, related to your violation of this Agreement
or use of the Site.
5. Disclaimer. THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED
"AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE
DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE).
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR
OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT
(INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH
ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH
LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY,
REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
6. Limits. All responsibility or liability for any damages caused by viruses contained within
the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE
TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum
liability to you under all circumstances will be equal to the purchase price you pay for any
goods, services or information.
7. Use of Information. We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information provided by
you in any manner consistent with our Privacy Policy.
8. Third-Party Services. We allow access to or advertise third-party merchant sites
("Merchants") from which you may purchase or otherwise obtain certain goods or services.
You understand that we do not operate or control the products or services offered by
Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing
and customer service. We are not a party to the transactions entered into between you
and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK
AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR
OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE,
MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE
LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND
MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY
OTHER SITE LINKED TO OUR SITE.
9. Third-Party Merchant Policies. All rules, policies (including privacy policies) and
operating procedures of Merchants will apply to you while on such sites. We are not
responsible for information provided by you to Merchants. We and the Merchants are
independent contractors and neither party has authority to make any representations or
commitments on behalf of the other.
10. Privacy Policy. Our Privacy Policy as it may change from time to time, is a part of this
Agreement.
11. Payments. You represent and warrant that if you are purchasing something from us or
from our Merchants that (i) any credit card information you supply is true, correct and
complete, (i) charges incurred by you will be honored by your credit card company, and (iii)
you will pay the charges incurred by you at the posted prices, including any shipping fees
and applicable taxes.
12. Securities Laws. This Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance and demand for
our products or services, as well as our intentions, plans and objectives, that are
forward-looking statements. These statements are based upon a number of assumptions
and estimates which are subject to significant uncertainties, many of which are beyond our
control. When used on our Site, words like "anticipates," "expects," "believes," "estimates,"
"seeks," "plans," "intends" and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors for forward-looking
statements. The Site and the information contained herein does not constitute an offer or a
solicitation of an offer for sale of any securities. None of the information contained herein is
intended to be, and shall not be deemed to be, incorporated into any of our
securities-related filings or documents.
13. Links to Other Web Sites. The Site contains links to other Web sites. We are not
responsible for the content, accuracy or opinions express in such Web sites, and such
Web sites are not investigated, monitored or checked for accuracy or completeness by us.
Inclusion of any linked Web site on our Site does not imply approval or endorsement of the
linked Web site by us. If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
14. Submissions. All suggestions, ideas, notes, concepts and other information you may
from time to time send to us (collectively, "Submissions") shall be deemed and shall remain
our sole property and shall not be subject to any obligation of confidence on our part.
Without limiting the foregoing, we shall be deemed to own all known and hereafter existing
rights of every kind and nature regarding the Submissions and shall be entitled to
unrestricted use of the Submissions for any purpose, without compensation to the provider
of the Submissions.
15. Venue; Applicable Law. YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS
ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF
THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE,
SHALL BE LITIGATED IN THE CIRCUIT COURT OF KING COUNTY,WASHINGTON OR THE
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WASHINGTON. YOU ARE
EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN
ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY
CLAIM THAT KENT, WASHINGTON IS AN INCONVENIENT FORUM OR AN IMPROPER
FORUM BASED ON LACK OF VENUE. This site is created and controlled by It's Just
Charming in the State of WASHINGTON, USA. As such, the laws of WASHINGTON will
govern the terms and conditions contained in this Agreement and elsewhere throughout
the Site, without giving effect to any principles of conflicts of laws.
It's Just Charming
(253)740-8071
info@itsjustcharming.com
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