The Bachelorette Superstore
Business Policies
5601 E 18th
Suite 205
Vancouver , WA 98661
1-360-254-6505
AGREEMENT BETWEEN USER AND TBS ONLINE
This Web site (the "Site") is offered to you by The
Bachelorette Superstore,
11700 NE 60th Way #4A,
,
Vancouver , WA 98682
(the "Company") on the condition that you accept the terms, conditions,
and notices contained in this Web Site User Agreement, and any
amendments (the "Agreement") and on other pages of the Site. YOU AGREE
TO READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. YOU MAY NOT
ACCESS OR USE THIS WEB SITE UNLESS YOU AGREE TO THEM. BY USING THIS WEB
SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS, CONDITIONS AND
NOTICES IN THIS AGREEMENT AND YOU AGREE TO THEM. The Company reserves
the right to change the terms, conditions and notices under which this
Web site is offered at any time in its sole discretion, and your
continued use constitutes agreement to any such changes.
PERSONAL AND NON-COMMERCIAL USE
This Site, including all information, text, graphics and code
(collectively "Content"), is copyrighted and protected by worldwide
trademark, trade dress, copyright and other intellectual property laws
and treaty provisions (Copyright © 2005 The Bachelorette Superstore and/or its
suppliers. All rights reserved.) The Bachelorette Superstore, The Bachelorette Superstore products
and/or services referred to on the Site are trademarks or registered
trademarks of The Bachelorette Superstore. Other product and company names mentioned on
the Site are the trademarks of their respective owners unless otherwise
specified.
We authorize you to view and download
and copy the Content for your own personal, non-commercial use as long
as you maintain all copyright and other notices contained in the
content, with all other rights reserved. You agree to comply with all
copyright laws worldwide in your use of this site and to prevent any
unauthorized copying of the Content. Except as expressly provided
herein, the Company does not grant any express or implied intellectual
property right to you. Our Intellectual Property Notices are
incorporated by reference.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- you are at least 21 years of age
and have the legal right to possess adult oriented materials and sex
toys in your community and legal jurisdiction.
you have provided true, accurate, current and complete information
about yourself as prompted on the site. Your billing address should
be the address and phone number your credit card bank has on file
for you.
- you will not use this Web site for
any purpose that is improper, unlawful or prohibited by the terms,
conditions or notices in this Agreement and on this Web site and
that you will act in good faith in your relationships with The
Bachelorette Superstore.
- you understand that you will be
exposed to visual images, verbal descriptions and audio sounds of a
sexually oriented, frankly erotic nature, which may include graphic
visual depictions and descriptions of nudity and sexual activity.
You affirm that you are voluntarily choosing to do so, because you
want to view, read and/or hear the various materials which are
available, for your own personal enjoyment, information and/or
education. Your choice is a manifestation of your interest in sexual
matters, which is both healthy and normal and, which, in your
experience, is generally shared by average adults in your community.
You are familiar with the standards in your community regarding the
acceptance of such sexually oriented materials, and the materials
you expect to encounter are within those standards. In your
judgment, the average adult in your community accepts the
consumption of such materials by willing adults in circumstances
such as this which offer reasonable insulation from the materials
for minors and unwilling adults, and will not find such materials to
appeal to a prurient interest or to be patently offensive.
PROHIBITED ACTIVITIES
You agree not use the Web site to:
- Disrupt or interfere with the
operation of the Web site or any servers or networks connected to
the Web site service or disrupt any other user's enjoyment of the
Site of any affiliated or linked sites;
- Violate any applicable local,
state, national or international law or regulation;
- Deep-link to this Site, use any
meta tags or other hidden text using our name, trademark or product
name, or frame any Content without our express written consent;
- Collect or store personal data
about other users.
INDEMNITY
You agree to indemnify and hold the Company, its directors, officers,
agents, affiliates, suppliers and employees harmless from any and all
claims, losses, damages, liabilities, costs and expenses (including
reasonable attorney's fees) which arise out of, are connected with or
directly relate to your use of the Site, the products obtained through
the site or any violation of this Agreement.
USE OF INFORMATION AND PRIVACY
The Company may monitor your use of the Site and may ask that you
provide personal information, including financial information. You agree
that the Company may use and disclose any information and material
received from you, or collected through your use of the Site, in
accordance with Company's stated Privacy Policy or when the Company has
a good-faith belief that disclosure is required by law or legal process,
or to protect the rights of the Company or others. You understand and
agree that the Privacy Policy may change from time to time.
CONTENT PROVIDED BY YOU
By posting messages or engaging in other communication to the Company or
this Site, you grant to the Company a perpetual, worldwide, irrevocable,
non-exclusive, royalty-free license to use, download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license, display,
perform, adapt and otherwise exploit such communication in all media now
known or hereafter devised, and you agree that the Company is free to
use any ideas, concepts or know-how that you or individuals acting on
your behalf provide to the Company. You further recognize that the
Company does not want you to, and you represent and warrant that you
shall not, provide any information or materials to the Company that are
defamatory, threatening, obscene, harassing, or otherwise unlawful, or
that incorporate the proprietary material of another. You acknowledge
and agree that communications and transmission to and from the Company
Web site are not confidential. You waive all rights to any claim against
the Company, its directors, officers, agent, suppliers or employees for
any alleged or actual infringement of any proprietary, privacy,
publicity, moral or attribution rights in connection with such
communication.
LINKS TO OTHER WEB SITES
The Site may contain links to Web sites operated by parties other than
the Company. The links are provided for your convenience only. The
Company does not control the Web sites and is not responsible for the
content on such Web sites. By offering links, the Company is not
implying that it endorses anything contained on such Web sites or has
any association with the operators of the Web sites.
LIABILITY LIMITATION & DISCLAIMER OF
WARRANTIES
Information or advice received from this Web site should not be relied
upon for personal, medical, legal or financial decisions. You should
consult an appropriate professional for specific advice tailored to your
situation.
THE COMPANY, ITS DIRECTORS, OFFICERS,
AGENTS, AFFILIATES, EMPLOYEES AND ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE RELIABILITY, ACCURACY, SUITABILITY OR TIMELINESS OF THE
CONTENT, PRODUCTS OR SERVICES ACCESSIBLE THROUGH THE SITE. ALL
INFORMATION AND SERVICES ARE PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND, AND PRODUCTS ARE PROVIDED SOLELY WITH A LIMITED
WARRANTY. OTHER THAN THE LIMITED WARRANTY FOR PRODUCTS DESCRIBED ABOVE,
THE COMPANY AND ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES
AVAILABLE THROUGH THIS SITE, INCLUDING (WITHOUT LIMITATION) ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL THE COMPANY, ITS
DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR
ANY OTHER DAMAGES WHATSOEVER. WITHOUT LIMITING THE FOREGOING , THE
COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS
OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE,
OR FOR ANY CONTENT, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE. THE
COMPANY AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY SUCH DAMAGES,
WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF
THE COMPANY, ITS DIRECTORS, OFFICERS, AGENTS, EMPLOYEES OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
Some jurisdictions do not allow the
limitation of liability or exclusions of certain warranties or
liability, so some of the above limitations may not apply to you. If you
are dissatisfied with any portion of this Web site or with any of these
terms of use, your sole and exclusive remedy is to discontinue using
this Web site.
RELATIONSHIP
There is no confidential, fiduciary, contractually implied or other
relationship created between you and the Company other than as stated in
this Agreement. You agree that no joint venture, partnership, employment
or agency relationship exists between you and the Company as a result of
this Agreement or use of this Web site.
INTERNATIONAL USERS
This Web site is controlled, operated and administered by the Company
from its offices within the United States of America. The Company makes
no representation that materials at this site are appropriate or
available for use at other locations outside of the United States and
access to them from territories where their contents are illegal is
prohibited. You may not use the site or export the Content in violation
of any applicable laws and regulations. If you access this site from a
location outside of the United States, you are responsible for
compliance with all local laws.
GENERAL
This Agreement is governed by the laws of the United States and of the
State of Washington. Unless otherwise agreed in writing, any claim,
dispute or controversy of any kind, in any way arising out of or
relating to the Site, this Agreement, or any purchase made through the
Site (excepting any claim, dispute or controversy relating to
intellectual property rights) shall be subject to exclusive, final and
binding arbitration in accordance with the commercial arbitration rules
of the American Arbitration Association, and conducted in Vancouver,
Washington and judgment on the arbitration award may be entered into any
court having jurisdiction thereof. Any litigation relating to this
Agreement shall be subject to the jurisdiction of the Federal Courts of
the Washington State, with venue lying in Vancouver, Washington, with
the losing party responsible for costs, including without limitation,
court costs and reasonable attorneys fees and expenses. You agree that
any cause of action you may have with respect to your use of the Site,
this Agreement or any purchase made through the Site must be commenced
within one (1) year after the claim or cause of action arises.
In the event any provision of this
Agreement is determined to be invalid, illegal or otherwise
unenforceable, such provision shall be deemed to have been deleted from
this Agreement. The remainder of this Agreement shall remain in full
force and effect according to its terms.
This Agreement contains the entire
understanding and agreement of the parties with respect to the use of
this Web site. It supersedes all prior oral or written understandings
and agreements relating to use of this Web site. Company's waiver of any
provision of this Agreement shall not be deemed to waive it for the
future.
You agree that we may, in our sole
discretion, at any time and without cause, may terminate your use of the
Site or any portion of the Site, without liability to you. Sections
entitled Liability Limitation & Disclaimers of Warranty, Indemnity, and
General will survive any termination of this Agreement.
NOTICES
Except as explicitly stated otherwise, notice to the Company must be
given by postal mail to The Bachelorette Superstore,
11700 NE 60th Way, #4A,
Vancouver , WA 98682
and notice to you may be given by an e-mail sent to
the address you provided (if any) or by a general notice posted on the
Site. Email notice shall be deemed given 24 hours after the e-mail is
sent. Postal notice shall be deemed given 3 days after the date of
sending.
CONTACTING US
If you have any questions about this privacy policy,
the practices of this site, or your dealings with this Web site, you
can contact:
The Bachelorette Superstore
Business Policies
5601 E 18th
Suite 205
Vancouver , WA 98661
1-360-254-6505
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