AmericaTheBeautiful.com
values its customer relationships and wants
to make shopping online comfortable and
safe. We have taken precautions to safeguard
your financial information. Your credit
card numbers are encrypted with Secure Sockets
Layer (SSL). Your credit card numbers are
encrypted and stored on an isolated network,
protecting them from theft or internal compromise.
Our system provides safe, reliable e-commerce.
Information
We Collect From You:
Personal information includes your name,
e-mail address, shipping address, billing
address and method of payment information
that identifies you as an individual.
Disclosure
of information:
Your personal information is used by AmericaTheBeautiful.com
and other entities that assist with processing
and shipping your order. Our goal is to
ship your product in a timely manner. Personal
information we need includes your name,
e-mail address, shipping address, billing
address and method of payment information..
If necessary, we might use this information
to contact you for help processing the order.
AmericaTheBeautiful.com respects your privacy.
Any comments published in our comments section
will not include names or e-mail addresses.
Acquired information about traffic patterns,
sales, and other site information may be
shared with partners, vendors, and other
reputable third parties to assist in continuing
the high levels of service Americathebeautiful.com
stands for.
We will
NOT sell your personal information to third
parties!
Read This Terms
of Use Agreement Before Accessing Website.
Effective Date: This
Terms of Use Agreement was last updated
on [February 1, 2007].
This Terms of Use Agreement
sets forth the standards of use of the AmericaTheBeautiful.com
Online Service. By using the AmericaTheBeautiful.com
website you (the “Member”) agree
to these terms and conditions. If you do
not agree to the terms and conditions of
this agreement, you should immediately cease
all usage of this website. We reserve the
right, at any time, to modify, alter, or
update the terms and conditions of this
agreement without prior notice. Modifications
shall become effective immediately upon
being posted at theAmericaTheBeautiful.com
website. Your continued use of the Service
after amendments are posted constitutes
an acknowledgement and acceptance of the
Agreement and its modifications. Except
as provided in this paragraph, this Agreement
may not be amended.
1. Description
of Service
AmericaTheBeautiful.com
is providing Member with Retails sales services
and free downloads. Member must provide
(1) all equipment necessary for their own
Internet connection, including computer
and modem and (2) provide for Member’s
access to the Internet, and (3) pay any
fees relate with such connection.
2. Disclaimer
of Warranties
The site is provided by
AmericaTheBeautiful.com on an “as
is” and on an “as available”
basis. To the fullest extent permitted by
applicable law, AmericaTheBeautiful.com
makes no representations or warranties of
any kind, express or implied, regarding
the use or the results of this web site
in terms of its correctness, accuracy, reliability,
or otherwise. AmericaTheBeautiful.com shall
have no liability for any interruptions
in the use of this Website. AmericaTheBeautiful.com
disclaims all warranties with regard to
the information provided, including the
implied warranties of merchantability and
fitness for a particular purpose, and non-infringement.
Some jurisdictions do not allow the exclusion
of implied warranties, therefore the above-referenced
exclusion is inapplicable.
3. Limitation
of Liability
AMERICATHEBEAUTIFUL.COM
SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER,
AND IN PARTICULAR AMERICATHEBEAUTIFUL.COM
SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR
DAMAGES FOR LOST PROFITS, LOSS OF REVENUE,
OR LOSS OF USE, ARISING OUT OF OR RELATED
TO THIS WEB SITE OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT,
NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY,
AT LAW, OR OTHERWISE, EVEN IF [INSERT NAME
OF COMPANY] HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT
ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS
IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify
and hold AMERICATHEBEAUTIFUL.COM, its parents,
subsidiaries, affiliates, officers and employees,
harmless from any claim or demand, including
reasonable attorneys’ fees and costs,
made by any third party due to or arising
out of Member’s use of the Service,
the violation of this Agreement, or infringement
by Member, or other user of the Service
using Member’s computer, of any intellectual
property or any other right of any person
or entity.
5. Modifications
and Interruption to Service
AMERICATHEBEAUTIFUL.COM
reserves the right to modify or discontinue
the Service with or without notice to the
Member. AMERICATHEBEAUTIFUL.COM shall not
be liable to Member or any third party should
AMERICATHEBEAUTIFUL.COM exercise its right
to modify or discontinue the Service. Member
acknowledges and accepts that AMERICATHEBEAUTIFUL.COM
does not guarantee continuous, uninterrupted
or secure access to our website and operation
of our website may be interfered with or
adversely affected by numerous factors or
circumstances outside of our control.
6. Third-Party
Sites
Our website may include
links to other sites on the Internet that
are owned and operated by online merchants
and other third parties. You acknowledge
that we are not responsible for the availability
of, or the content located on or through,
any third-party site. You should contact
the site administrator or webmaster for
those third-party sites if you have any
concerns regarding such links or the content
located on such sites. Your use of those
third-party sites is subject to the terms
of use and privacy policies of each site,
and we are not responsible therein. We encourage
all Members to review said privacy policies
of third-parties’ sites.
7. Disclaimer
Regarding Accuracy of Vendor Information
Product specifications
and other information have either been provided
by the Vendors or collected from publicly
available sources. While AMERICATHEBEAUTIFUL.COM
makes every effort to ensure that the information
on this website is accurate, we can make
no representations or warranties as to the
accuracy or reliability of any information
provided on this website.
AMERICATHEBEAUTIFUL.COM
makes no warranties or representations whatsoever
with regard to any product provided or offered
by any Vendor, and you acknowledge that
any reliance on representations and warranties
provided by any Vendor shall be at your
own risk.
8. Governing Jurisdiction
of the Courts North Carolina
Our website is operated
and provided in the State of North Carolina.
As such, we are subject to the laws of the
State North Carolina, and such laws will
govern this Terms of Use, without giving
effect to any choice of law rules. We make
no representation that our website or other
services are appropriate, legal or available
for use in other locations. Accordingly,
if you choose to access our site you agree
to do so subject to the internal laws of
the State North Carolina.
9. Compliance
with Laws
Member assumes all knowledge
of applicable law and is responsible for
compliance with any such laws. Member may
not use the Service in any way that violates
applicable state, federal, or international
laws, regulations or other government requirements.
Member further agrees not to transmit any
material that encourages conduct that could
constitute a criminal offense, give rise
to civil liability or otherwise violate
any applicable local, state, national, or
international law or regulation.
10. Copyright
and Trademark Information
All content included or
available on this site, including site design,
text, graphics, interfaces, and the selection
and arrangements thereof is ©2007 AMERICATHEBEAUTIFUL.COM,
with all rights reserved, or is the property
of AMERICATHEBEAUTIFUL.COM and/or third
parties protected by intellectual property
rights. Any use of materials on the website,
including reproduction for purposes other
than those noted above, modification, distribution,
or replication, any form of data extraction
or data mining, or other commercial exploitation
of any kind, without prior written permission
of an authorized officer of AMERICATHEBEAUTIFUL.COM
is strictly prohibited. Members agree that
they will not use any robot, spider, or
other automatic device, or manual process
to monitor or copy our web pages or the
content contained therein without prior
written permission of an authorized officer
of AMERICATHEBEAUTIFUL.COM.
AMERICATHEBEAUTIFUL.COM
™ and Uniquely Florida, Inc™
are proprietary marks of AMERICATHEBEAUTIFUL.COM,
AMERICATHEBEAUTIFUL.COM’s trademarks
may not be used in connection with any product
or service that is not provided by AMERICATHEBEAUTIFUL.COM,
in any manner that is likely to cause confusion
among customers, or in any manner that disparages
or discredits AMERICATHEBEAUTIFUL.COM.
All other trademarks displayed
on AMERICATHEBEAUTIFUL.COM’s website
are the trademarks of their respective owners,
and constitute neither an endorsement nor
a recommendation of those Vendors. In addition,
such use of trademarks or links to the web
sites of Vendors is not intended to imply,
directly or indirectly, that those Vendors
endorse or have any affiliation with AMERICATHEBEAUTIFUL.COM.
11. Other Terms
If any provision
of this Terms of Use Agreement shall be
unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable
provision) shall not be affected thereby
and shall remain valid and enforceable to
the maximum possible extent. You agree that
this Terms of Use Agreement and any other
agreements referenced herein may be assigned
by AMERICATHEBEAUTIFUL.COM, in our sole
discretion, to a third party in the event
of a merger or acquisition. This Terms of
Use Agreement shall apply in addition to,
and shall not be superseded by, any other
written agreement between us in relation
to your participation as a Member. Member
agrees that by accepting this Terms of Use
Agreement, Member is consenting to the use
and disclosure of their personally identifiable
information and other practices described
in our Privacy Policy Statement. |
