Acceptance of Terms Through Use
By using promgowns4less ("promgowns4less") website ("promgowns4less.com"), you agree to be bound by all terms, conditions and notices contained or referenced herein (the "Terms of Use") and by the terms of our Privacy Policy. We reserve the right to change the Terms of Use by posting updates to the site at any time. Your continued use of promgowns4less.com indicates your agreement to any revisions to either the Terms of Use or the Privacy Policy. We urge you to review these terms and conditions at the start of each use of promgowns4less.com to determine if you agree or disagree with the updated terms. promgowns4less reserves the right to terminate your access to all or part of promgowns4less.com, with or without notice.
Links to Third Party Sites
promgowns4less.com may contain links to websites operated by third parties. The linked websites are under no control by promgowns4less, and we are not responsible for the contents of any linked websites. Please review the linked site, and, if you do not agree to be bound by the terms governing that website, we recommend that you terminate your visit to that website. We provide links only as a courtesy and do not imply our endorsement of any linked website.
Intellectual Property
You acknowledge that materials available on promgowns4less.com include copyrights, trademarks, service marks, patents, trade secrets or other proprietary materials ("Intellectual Property") that are owned by promgowns4less and our licensors. You may download or print copies of portions of the materials on promgowns4less.com, provided that you use such copies for your own non-commerical use and do not modify or alter these copies in any way, or delete or change any copyright, trademark, patent or other notices therein. No right, title or interest in any downloaded or printed materials is transferred to you. Except as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the materials on promgowns4less.com. You may only use the Intellectual Property or other materials on this website as expressly permitted in this Terms of Use and for no other purpose.
If you submit comments, suggestions, ideas or other communications to promgowns4less.com, your submission shall constitute an unrestricted worldwide license for promgowns4less to reproduce and use such submissions in any manner and in any medium it wishes, without any compensation paid to you. Therefore, we request that you do not provide Submissions of confidential information or other creative materials in which you do not wish to grant us rights.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH promgowns4less.com (THE “CONTENT”) ARE PROVIDED “AS IS” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER USP NOR OUR SUBSIDIARIES OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT promgowns4less.com WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON promgowns4less.com.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL promgowns4less, OUR SUBSIDIARIES OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. promgowns4less’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Indemnification
You agree to defend, indemnify, and hold promgowns4less and our subsidiary and other affiliated companies, and their employees, contractors, officers and directors harmless from all liabilities, claims, and expenses, including attorneys' fees that arise from your use or misuse of promgowns4less.com or the content therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
International Use
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable. promgowns4less makes no representation that materials on the Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. If you are purchasing products for export, you are responsible for the necessary export documentation before shipment is made to a foreign country.
Choice of Law
This Terms of Use agreement shall, for all domestic and international purposes, be governed, interpreted, construed, and enforced solely and exclusively in accordance with the laws of the State of California, U.S.A., without regard to conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim you may bring relating to these Terms of Use or your use of promgowns4less.com shall be filed only in the state or federal courts located in the State of California, U.S.A., and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Integration of Severability
This Terms of Use constitutes the entire agreement between you and promgowns4less with respect to promgowns4less.com and supersedes all prior or contemporaneous communications and proposals between us with respect to this site. If any provision of this Terms of Use is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect.
Payment Terms
By placing an order on promgowns4less.com, you authorize promgowns4less or its authorized agents to collect payment from your credit card for all charges you incur. Prices listed on promgowns4less.com do not include shipping, handling, taxes or insurance, unless otherwise specified.
Product Information
promgowns4less's goal is to accurately describe all products offered for sale on promgowns4less.com; however, the website may contain typographical errors or other inaccuracies and may not be complete or current. All product specifications, which include dimensions, are subject to change without notice. Therefore, with respect to description, pricing, quantity and availability of products, and shipping and handling fees, we reserve the right to correct any errors, inaccuracies or omissions and to change information at any time without prior notice (including after you have submitted your order).
Contacting promgowns4less and Resolving Problems
If you have any questions or comments about these Terms of Use, please contact us by email at info@promgowns4less.com. Please provide a concise communication with complete information, including your contact information. |
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