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Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING THIS WEBSITE.
All users of this site agree that access
to and use of this site are subject to
the following terms and conditions and
other applicable law. If you do not agree
to these terms and conditions, please
do not use this site.
Copyright
The entire content included in this site,
including but not limited to text, graphics
or code is copyrighted as a collective
work under the United States and other
copyright laws, and is the property of
Damsel In Defense/Damsel In Defense LV
and Patti Stewart. The collective work
includes works that are licensed to Damsel
In Defense. Copyright 2003, Damsel In
Defense ALL RIGHTS RESERVED. Permission
is granted to electronically copy and
print hard copy portions of this site
for the sole purpose of placing an order
with Damsel In Defense/Damsel In Defense
LV and Patti Stewart or purchasing Damsel
In Defense products. You may display and,
subject to any expressly stated restrictions
or limitations relating to specific material,
download or print portions of the material
from the different areas of the site solely
for your own non-commercial use, or to
place an order with Damsel In Defense/Damsel
In Defense LV and Patti Stewart or to
purchase Damsel In Defense products. Any
other use, including but not limited to
the reproduction, distribution, display
or transmission of the content of this
site is strictly prohibited, unless authorized
by Damsel In Defense/Damsel In Defense
LV and Patti Stewart. You further agree
not to change or delete any proprietary
notices from materials downloaded from
the site.
Trademarks
All trademarks, service marks and trade
names of Damsel In Defense used in the
site are trademarks or registered trademarks
of Damsel In Defense
Warranty Disclaimer
This site and the materials and products
on this site are provided "as is"
and without warranties of any kind, whether
express or implied. To the fullest extent
permissible pursuant to applicable law,
Damsel In Defense disclaims all warranties,
express or implied, including, but not
limited to, implied warranties of merchantability
and fitness for a particular purpose and
non-infringement. Damsel In Defense/Damsel
In Defense LV and Patti Stewart does not
represent or warrant that the functions
contained in the site will be uninterrupted
or error-free, that the defects will be
corrected, or that this site or the server
that makes the site available are free
of viruses or other harmful components.
Damsel In Defense/Damsel In Defense LV
and Patti Stewart does not make any warrantees
or representations regarding the use of
the materials in this site in terms of
their correctness, accuracy, adequacy,
usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations
or exclusions on warranties, so the above
limitations may not apply to you.
Limitation of Liability
Damsel In Defense/Damsel In Defense LV
and Patti Stewart shall not be liable
for any special or consequential damages
that result from the use of, or the inability
to use, the materials on this site or
the performance of the products, even
if Damsel In Defense/Damsel In Defense
LV and Patti Stewart has been advised
of the possibility of such damages. Applicable
law may not allow the limitation of exclusion
of liability or incidental or consequential
damages, so the above limitation or exclusion
may not apply to you.
Typographical Errors
In the event that a Damsel In Defense
product is mistakenly listed at an incorrect
price, Damsel In Defense/Damsel In Defense
LV and Patti Stewart reserves the right
to refuse or cancel any orders placed
for product listed at the incorrect price.
Damsel In Defense reserves the right to
refuse or cancel any such orders whether
or not the order has been confirmed and
your credit card charged. If your credit
card has already been charged for the
purchase and your order is cancelled,
Damsel In Defense shall issue a credit
to your credit card account in the amount
of the incorrect price.
Term; Termination
These terms and conditions are applicable
to you upon your accessing the site and/or
completing the registration or shopping
process. These terms and conditions, or
any part of them, may be terminated by
Damsel In Defense/Damsel In Defense LV
and Patti Stewart without notice at any
time, for any reason. The provisions relating
to Copyrights, Trademark, Disclaimer,
Limitation of Liability, Indemnification
and Miscellaneous, shall survive any termination.
Notice
Damsel In Defense/Damsel In Defense LV
and Patti Stewart may deliver notice to
you by means of e-mail, a general notice
on the site, or by other reliable method
to the address you have provided to Damsel
In Defense.
Miscellaneous
Your use of this site shall be governed
in all respects by the laws of the state
of California, U.S.A., without regard
to choice of law provisions, and not by
the 1980 U.N. Convention on contracts
for the international sale of goods. You
agree that jurisdiction over and venue
in any legal proceeding directly or indirectly
arising out of or relating to this site
(including but not limited to the purchase
of Damsel In Defense products) shall be
in the state or federal courts located
in Los Angeles County, California. Any
cause of action or claim you may have
with respect to the site (including but
not limited to the purchase of Damsel
In Defense products) must be commenced
within one (1) year after the claim or
cause of action arises. Damsel In Defense's
failure to insist upon or enforce strict
performance of any provision of these
terms and conditions shall not be construed
as a waiver of any provision or right.
Neither the course of conduct between
the parties nor trade practice shall act
to modify any of these terms and conditions.
Damsel In Defense may assign its rights
and duties under this Agreement to any
party at any time without notice to you.
Use of Site
Harassment in any manner or form on the
site, including via e-mail, chat, or by
use of obscene or abusive language, is
strictly forbidden. Impersonation of others,
including a Damsel In Defense or other
licensed employee, host, or representative,
as well as other members or visitors on
the site is prohibited. You may not upload
to, distribute, or otherwise publish through
the site any content which is libelous,
defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive,
illegal, or otherwise objectionable which
may constitute or encourage a criminal
offense, violate the rights of any party
or which may otherwise give rise to liability
or violate any law. You may not upload
commercial content on the site or use
the site to solicit others to join or
become members of any other commercial
online service or other organization.
Participation Disclaimer
Damsel In Defense does not and cannot
review all communications and materials
posted to or created by users accessing
the site, and is not in any manner responsible
for the content of these communications
and materials. You acknowledge that by
providing you with the ability to view
and distribute user-generated content
on the site, Damsel In Defense is merely
acting as a passive conduit for such distribution
and is not undertaking any obligation
or liability relating to any contents
or activities on the site. However, Damsel
In Defense reserves the right to block
or remove communications or materials
that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent,
deceptive, or misleading, (c) in violation
of a copyright, trademark or; other intellectual
property right of another or (d) offensive
or otherwise unacceptable to Damsel In
Defense in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold
harmless Damsel In Defense, its officers,
directors, employees, agents, licensors
and suppliers (collectively the "Service
Providers") from and against all
losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting
from any violation of these terms and
conditions or any activity related to
your account (including negligent or wrongful
conduct) by you or any other person accessing
the site using your Internet account.
Third-Party Links
In an attempt to provide increased value
to our visitors, Damsel In Defense may
link to sites operated by third parties.
However, even if the third party is affiliated
with Damsel In Defense, Damsel In Defense
has no control over these linked sites,
all of which have separate privacy and
data collection practices, independent
of Damsel In Defense. These linked sites
are only for your convenience and therefore
you access them at your own risk. Nonetheless,
Damsel In Defense seeks to protect the
integrity of its web site and the links
placed upon it and therefore requests
any feedback on not only its own site,
but for sites it links to as well (including
if a specific link does not work).
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