 | |  | |  | |  | |  | |  | |  | |  | |  | |  |
 |
 |
 |
| Infinitely Sweet, LLC WEB TERMS AND CONDITIONS 2010 THE FOLLOWING DESCRIBES Infinitely Sweet's WEB TERMS AND CONDITIONS ON WHICH Infinitely Sweet OFFERS YOU ACCESS TO AND/OR USE OF THIS WEBSITE. BY ACCESSING AND/OR USING THIS SITE, YOU AGREE TO BE UNCONDITIONALLY BOUND BY THE TERMS AND CONDITIONS STIPULATED HEREIN. Because the Terms and Conditions contain legal obligations, please read them carefully. General Conditions of Use "You" and "User" are used synonymously and include but are not limited to any party who views the information provided on this website or interacts in any way with this web-site. General Infinitely Sweet makes available information on a variety of its products and services at this site : www.infinitelysweet.com (the "Site"). Use of certain parts of this site or in order to join contests, promotions or campaigns may require you to register and to provide certain data/information. In consideration of Infinitely Sweet permitting you access to this Site, in registering and providing such data/information, you represent and warrant that the information so provided is true, accurate, current and complete (apart from optional items). You acknowledge and agree that the technical processing of this Site and the transmission of messages relating to product information and/or services may involve transmissions over various networks and to various countries. You further acknowledge and agree that any data collected and maintained by Infinitely Sweet with regard to users may be disclosed, processed and used in accordance with Infinitely Sweet's Privacy Policy, which can be viewed above. Infinitely Sweet reserves the right to revise the provisions of these Infinitely Sweet Web Terms and Conditions at any time and without prior notice by posting amended terms and conditions on this Site. You expressly acknowledge that your continued use of this site after the posting of any amended terms on the Site constitutes an acceptance of those amended terms. Infinitely Sweet reserves the right to terminate your access to all or part of this Site, with or without notice. The User agrees that for the effectiveness of this termination provision, the User hereby waives the provisions, procedures and operation of any applicable law to the extent that a court order or decision is required for termination. Product Information regarded as an offer to sell the listed products and/or services. Infinitely Sweet reserves the right to revise and/or discontinue products and product specifications without notice. The product information at this Site is furnished for the convenience of our customers and is as accurate as possible at print. However, Infinitely Sweet makes no guarantee, either expressed or implied, as to its accuracy. Representation and specifications may vary slightly from actual product sold. Feedback From time to time, Infinitely Sweet may request for feedback and/or information from you. If you choose to provide Infinitely Sweet with comments, suggestions, ideas, or other information (collectively, the "Feedback"), the Feedback shall be deemed, and shall remain, the property of Infinitely Sweet. Infinitely Sweet shall not be under an obligation of confidence with respect to the Feedback submitted nor shall Infinitely Sweet be liable for any use or disclosure of any Feedback. Without limitation of the foregoing, Infinitely Sweet shall exclusively own all now known or hereafter existing rights to the Feedback and shall be entitled to unrestricted use of the Feedback for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Feedback. If applicable law does not recognize Infinitely Sweet's ownership of the Feedback, then you agree to grant Infinitely Sweet an exclusive, irrevocable, worldwide, royalty free licence to exploit the entire intellectual property rights, including all future copyright and all other rights of whatsoever nature (including rights now known or in the future created) in and to the Feedback and any revisions, additions and updates to the Feedback, or any derivative work(s) of the Feedback, whether existing now or in the future, for the full period of the intellectual property rights and all renewals and extensions, and with full rights to Infinitely Sweet to do anything with the Feedback, its revisions, additions or updates, or any derivative work(s) of the Feedback, as Infinitely Sweet will, in its absolute discretion decide. External Links The Site may include hyperlinks to various Internet sites and resources operated by third parties. These linked web sites are not under our control and Infinitely Sweet is not responsible for the availability of these third party resources or their content. Infinitely Sweet does not endorse nor is Infinitely Sweet responsible for any of the content, advertising, products or other material on such sites. Infinitely Sweet shall not be held responsible or liable for any direct or indirect loss or damages caused or alleged to have been caused by your use of, or reliance on, any content, goods or services available on such sites. The Site may also include third party advertisements embedded with hyperlinks to third party web sites. All such advertisings are paid for by the relevant third party advertiser and are not recommendations or endorsements by Infinitely Sweet. You should refer to the relevant advertiser for information on its products and/or services. Disclaimer THE PRODUCT INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED "AS IS", WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED AND STATUTORY TERMS, CONDITIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAWS. TO THE FULLEST EXTENT PERMITTED BY LAW, INFINITELY SWEET DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY TIMELINESS AND PERFORMANCE OF THIS SITE OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. To the fullest extent permitted by applicable law, Infinitely Sweet excludes all liability for any direct, indirect, incidental, special or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from (a) the use or the inability to use the site; or (b) unauthorized access to or alteration of your transmissions or data, even if Infinitely Sweet has been advised of the possibility of such damages. Nothing in these Infinitely Sweet Web Terms and Conditions shall exclude or limit Infinitely Sweet's liability for death or personal injury arising from its negligence or willful default or for fraud. Indemnification The User agrees to indemnify and hold Infinitely Sweet, its directors, officers, employees, representatives and agents harmless from any claim or demand made by any third party due to or arising out of any improper or unauthorized use of this Site or the services offered thereunder or for User's infringement of intellectual property rights. Site Abuse You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat , messages, files, or other materials which are part of the Site, which are the sole property of Infinitely Sweet and may not be copied or used without written permission. You agree that you will not: (a) employ misleading e-mail addresses or falsify information in any part of any communication including e-mails, transmitted through Infinitely Sweet. (b) Use automated means, including spiders, robots, crawlers, or the like to download data from the Site; (c) Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content from the Site; (d) Collect or store registration data or other personally identifying information about other users for commercial or unlawful purposes; (e) Use any software deployed in connection with the Site to process data as a service to other entities without the express written consent of Infinitely Sweet ; (f) De-compile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sub-license any software deployed in connection with the Site; (g) Upload, post, e-mail or otherwise transmit, or post links to any material that contains software viruses, worms, Trojan horses, time bombs, trap doors or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site; (h) Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (i) Without limiting recourse to other remedies, User agrees that Infinitely Sweet may suspend or terminate use of this Site if Infinitely Sweet suspects that the User has engaged in fraudulent or deceptive activity in connection with the Site. Governing Law & Jurisdiction The User agrees that the Infinitely Sweet Web Terms and Conditions are subject to, governed by and interpreted in accordance with the Laws of the United States of America and the User hereby agrees to be subject to the same. Assignment Infinitely Sweet may assign its rights and obligations herein to any third party without the notice or consent of the User upon which Infinitely Sweet shall be relieved of any further obligation. Infinitely Sweet Customer Service You can contact us by e-mailing us at: Krystine@infinitelysweet.com Infinitely Sweet Online Shop The Site offers you the ability to search for particular products and to submit an order to us for the purchase of a product. All products at the Site are subject to further confirmation on availability. Orders By submitting an order to purchase products from the Site, you are making an offer to purchase the products you have selected and Users are obligated to complete such transactions, if they are accepted by Infinitely Sweet. From time to time, orders for certain products may not be able to be accepted due to supply, delivery, payment and other problems. Upon submitting your order and making online payment, you will receive a computer generated statement which will serve as confirmation of the order. The sale and purchase of the selected products is subject to the terms and conditions at InfinitelySweet.com. Any acknowledgment of receipt of an order does not constitute the acceptance of the order or a confirmation of an offer to sell the Products by Infinitely Sweet. Price The price of the Products shall be the price posted on the Site. Prices quoted do not include any state, government or local sales or service tax, value added tax, government tax, duties or other charges. Such taxes, charges and duties shall be borne by the User. All costs incurred for delivery and handling will also be borne by you. All prices quoted on the Site are valid only during the period when they are displayed and are subject to change from time to time. Payment Payments for the products shall be made in full before physical delivery of products by the mode of payment stipulated at the Site. Infinitely Sweet has no obligation to deliver the product purchased until the price and any other applicable charges are received in full by Infinitely Sweet in the currency in which the price is quoted to User on the Site. Delivery Any delivery date or period provided by Infinitely Sweet shall be indicative only and shall not be an obligation on Infinitely Sweet. User acknowledges that in purchasing Products it has not relied on any representation by Infinitely Sweet as to the delivery date or period of the products. If User fails to take delivery of products or fails to enable Infinitely Sweet to make delivery (whether by refusal or failure to provide any instruction, document, license, authorization or otherwise), delivery shall be deemed to have taken place upon Infinitely Sweet giving notice to User of such deemed delivery, whereupon risk of damage and loss of products shall pass immediately to User. User shall reimburse Infinitely Sweet all costs and expenses (including but not limited to transport, storage and insurance charges) incurred by Infinitely Sweet as a result of User's failure or refusal to take physical delivery. Unless User notifies Infinitely Sweet to the contrary by the day or the end of the period after the delivery of the products, the products shall be deemed to have been accepted by the User in good condition and in accordance with these Infinitely Sweet Web Terms and Conditions. Warranty Except for the warranties stated in the document below, Warranty statement for Accessories Infinitely Sweet disclaims all warranties, either express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose to the fullest extent permissible under applicable laws. In no event shall Infinitely Sweet be liable for any direct, consequential, indirect, incidental or special damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, and the like, arising out of the use of or inability to use the products, even if Infinitely Sweet has been advised of the possibility of such damages. Nothing in this agreement shall exclude or limit Infinitely Sweet's liability for death or personal injury arising from its negligence or willful default or for fraud. |
2010 Infinitely Sweet, LLC
