TERMS AND CONDITIONS FOR ALL COWBELLIES.COM WEB SITES This Internet Web Site ("Web Site") is provided by COWBELLIES.COM
("COWBELLIES.COM"). Your use of this Web Site is subject to the following terms
and conditions. If you do not agree to the terms stated below, please
immediately log off this Web Site. By your continued access or use of the Web
Site you agree to be legally bound by the terms and conditions set forth
herein.
Use of This Web Site Privacy Policy Your Communications To and Through
the Web Site COWBELLIES.COM reserves the right, but shall have no
obligation, to monitor communications or materials you transmit to, through or
post on the Web Site, and reserves the right (but not the obligation) to
suspend, delete or withhold any communications or materials and to terminate
your access to and use of this Web Site, at any time and for any reason
(including for violation of these Terms and Conditions or for any unlawful or
improper conduct). By using this Web Site, you consent to COWBELLIES.COM's
access of your account and other records for, among other purposes,
maintenance, or the investigation of complaints or allegations of misuse or
misconduct. You further agree that COWBELLIES.COM need not provide any notice
to you, either before or after such access, except as required by law. Except
as stated in COWBELLIES.COM's Privacy Policy, anything you transmit or post may
be used by COWBELLIES.COM or licensed to others by COWBELLIES.COM for any
purpose, including but not limited to mailing list rental, product or service
solicitations, reproduction, disclosure, transmission, publication, broadcast
and posting. By using the Web Site, including by posting or uploading any
materials or communications to chat rooms, communities, bulletin boards, or
otherwise use any electronic communication methods provided at the Web Site you
agree not to use unlawful, immoral, scandalous or obscene names, graphics,
images, photos, or language. You further agree that in creating and posting any
information on the Web Site, you shall only use valid personal names and email
addresses and that you will send any communications only to people or entities
with whom you are personally acquainted and who have all necessary rights to
receive the communications. You further agree that you will not use any of the
services or functions provided by the Web Site to "spam" or otherwise send
multiple, unwanted communications to any person, and that you will use the Web
Site in a responsible manner. You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the origin of any
communication.
Disclaimer and Limited Liability This Web Site, including materials accessed from or through it may include technical inaccuracies or other errors. Your use and browsing of the Web Site is at your risk. Neither COWBELLIES.COM nor any other party involved in creating, producing, or delivering the Web Site shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Web Site. COWBELLIES.COM does not warrant that the functional aspects of the Web Site will be uninterrupted or error free or that this Web Site or the server that makes it available are free of viruses or other harmful components. COWBELLIES.COM neither warrants nor represents that your use of materials displayed on the Web Site will not infringe rights of third parties not owned by or affiliated with COWBELLIES.COM. You also understand that COWBELLIES.COM cannot and does not guarantee or warrant that Web Site, files or software of any kind, or from any source, available for downloading through the Web Site, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of lost data. You understand that, except for information, products, or services clearly identified as being supplied by COWBELLIES.COM, COWBELLIES.COM does not operate, control or endorse any information, products, or services on the Web Site in any way. Except for COWBELLIES.COM identified information, products or services, any other information, products and services offered on the Web Site are offered by third parties that are not affiliated with COWBELLIES.COM. COWBELLIES.COM may allow you to link from the Web Site to third party sites from which you may purchase goods or and services. Any transaction you enter with such a third party shall be between you and that third party; COWBELLIES.COM shall have no liability for any transaction you enter with a third party accessed through the Web Site. COWBELLIES.COM makes no representations or warranties regarding the creation or content you post. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. COWBELLIES.COM reserves the right to make changes to this Web Site at any time without notice. COWBELLIES.COM may cancel, change, modify, discontinue, terminate, or charge a fee at any time for any reason for the online services or products available in conjunction with this Web Site without notice at COWBELLIES.COM's sole discretion. IN NO EVENT WILL COWBELLIES.COM OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, COVER, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OR RELATING TO THE LOSS OF PROFITS, BUSINESS, GOODWILL, DATA, TIME OR COMPUTER PROGRAMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDERT ANY THEORY OF LIABILITY. IN NO EVENT WILL COWBELLIES.COM'S AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE USE OF THE WEB SITE REGARDLESS OF THE FORM OF THE CLAIM (INCLUDING, WITHOUT LIMITATION, ANY CONTRACT, PRODUCT LIABILITY, OR TORT CLAIM). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. AMENDMENTS ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED HEREIN AND THE PRODUCTS; THESE AMENDMENTS WILL BE INCORPORATED INTO THE WEB SITE AND/OR THE PRODUCTS AND COWBELLIES.COM MAY MAKE IMPROVEMENTS AND/OR SAID AMENDMENTS TO THE WEB SITE AT ANY TIME. ANY AND ALL PORTIONS OF THIS DISCLAIMER SHALL AUTOMATICALLY APPLY TO ALL IMPROVEMENTS AND/OR AMENDMENTS AS THEY APPEAR ON THE WEB SITE AND/OR THE PRODUCTS. COWBELLIES.COM DOES NOT WARRANT THAT THE WEB SITE AND ACCESS TO THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. If you are dissatisfied with the Web Site or with any terms, conditions, rules, policies, guidelines or practices of using the Web Site, your sole remedy is to discontinue using the Web Site. Risk of Loss All items purchased from COWBELLIES.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Product Descriptions COWBELLIES.COM attempts to be as accurate as possible. However, COWBELLIES.COM does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by COWBELLIES.COM itself is not as described, your sole remedy is to return it in unused condition. Your Account If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. COWBELLIES.COM does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Web Site only with involvement of a parent or guardian. COWBELLIES.COM reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Links COWBELLIES.COM has not reviewed all of the web sites linked to this Web Site and is not responsible for the content of any off-site pages or any other sites linked to this Web Site. The inclusion of any link to such sites does not imply endorsement by COWBELLIES.COM of the sites. Your linking to any other off-site pages or other sites is at your own risk. General Provisions COWBELLIES.COM may revise these Terms & Conditions from time to time by updating or revising this posting, with the revised terms taking effect as of the date of its posting. You agree to periodically review this Agreement and be bound by any such future modifications. COWBELLIES.COM controls and operates this Web Site from its offices in Carson, California, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use this Web Site from other locations you are responsible for compliance with applicable local laws. COWBELLIES.COM products are available in many parts of the world. However, this Web Site may describe products that are not available worldwide. If any portion of these terms is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. Any cause of action you may have with respect to this Web Site must be commenced within one year after the claim, cause of action arises, or such claim or cause of action is barred. These terms will be governed by and construed in accordance with the laws of the State of California, United States of America without regard to its conflicts of law provisions. Any legal action arising from your use of this Web Site shall take place in a court located in Los Angeles, California. By your use of this Web Site you consent to the personal jurisdiction of such courts.
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