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The Website is linked with the websites of a number of third parties (“Third-Party
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OR THE ACCURACY, CURRENCY, CONTENT, FITNESS, LAWFULNESS OR QUALITY OF THE INFORMATION,
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OrnamentShop.com attempts to be as accurate as possible in its product, pricing,
and rebate information; however, OrnamentShop.com cannot guarantee that product
descriptions and/or specifications, pricing or any other content on the Website
are accurate, complete, reliable, current or error-free. In the event that information
is incorrect due to typographical, informational, technical or other errors, OrnamentShop.com
will not be liable for any loss or discrepancy with accurate data. If a product
offered on the Website is not as described, or does not meet your expectations,
Your sole remedy is to contact
AfterOrdering@OrnamentShop.com to discuss the problem, whereby action may
be taken. OrnamentShop.com has a No Return Policy on all personalized items.
9. PRODUCT PRICING
Except as otherwise noted, the price displayed for products on the Website represents
the full retail price listed on the product itself, suggested by the manufacturer
or supplier, or estimated in accordance with industry practice, or the estimated
retail value for a comparably featured item offered elsewhere. Despite OrnamentShop.com’s
best efforts, a small number of items on the Website may be mispriced. If an item’s
correct price is higher than the stated the price, OrnamentShop.com will, at OrnamentShop.com’s
sole discretion, either contact You for instructions before shipping or cancel Your
order and notify You of such cancellation.
10. PAYMENT METHODS
OrnamentShop.com accepts payment through the following credit cards: Visa, MasterCard,
Discover and American Express. OrnamentShop.com may obtain pre-approval from the
credit card company for an amount up to the amount of the order. Billing to Your
credit card occurs at the point of order or shortly thereafter.
11. SALES TAX
We collect the appropriate Illinois Sales tax on all orders placed by Illinois Residents,
regardless of the order's destination.
All orders placed on the Website are subject to product availability and will be
shipped according to OrnamentShop.com’s shipping policies. Please review the
Shipping Information page on the Website for additional information on shipping
times, rates and policies. In the rare event that Your order never arrives, notification
of lost items must be received within 15 days from receipt of the shipping confirmation
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You may subscribe to receive special offers from OrnamentShop.com either Year Round
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Promotions@OrnamentShop.com or by following the unsubscribe instructions
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“User Content” is any content, materials
or information, not including Personal Information (as defined in OrnamentShop.com’s
transmit, display, perform or distribute by means of, the Website, whether in connection
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OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES,
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that You own all rights, title and interest in and to User Content or are otherwise
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15. OBJECTIONABLE CONTENT
You represent and warrant that you shall not use the Website or Services to upload,
post, transmit, display, perform or distribute any content, information or materials
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for goods or services; or (d) violate any provision of this Agreement or any other
OrnamentShop.com agreement or policy (collectively, “Objectionable
Content”). OrnamentShop.com may monitor the Website for Objectionable
Content. Without limiting any of its other remedies, OrnamentShop.com reserves the
right to terminate Your use of the Website and Services or Your uploading, posting,
transmission, display, performance or distribution of Objectionable Content. OrnamentShop.com,
in its sole discretion, may delete any Objectionable Content from its servers. OrnamentShop.com
intends to cooperate fully with any law enforcement officials or agencies in the
investigation of any violation of this Agreement or of any applicable laws.
16. PROHIBITED USES
OrnamentShop.com imposes certain restrictions on Your use of the Website and the
Services. You represent and warrant that you will not: (a) violate or attempt to
violate any security features of the Website or Services; (b) copy or otherwise
duplicate, directly or indirectly, any portion of the Website, including without
limitation, all designs, information, photographs, images, drawings, videos, music,
text, typefaces, graphics, products, code, and other files, and the selection, arrangement
and organization thereof (collectively, “OrnamentShop.com
Content”); (c) use any software that enables copying or duplication of
OrnamentShop.com Content for later off-line viewing; (d) distribute, display, modify,
transmit, resell, reuse, or repost OrnamentShop.com Content in any electronic form,
including any online service, the Internet or any other telecommunications medium
which now exists or shall exist in the future, for any purpose, without the prior
written permission of OrnamentShop.com; (e) access content or data not intended
for You, or log onto a server or account that You are not authorized to access;
(f) attempt to probe, scan, or test the vulnerability of the Services, the Website,
or any associated system or network, or breach security or authentication measures
without proper authorization; (g) interfere or attempt to interfere with the use
of the Website or Services by any other user, host or network, including, without
limitation by means of submitting a virus, overloading, “flooding,” “spamming,”
“mail bombing,” or “crashing”; (h) use the Website or Services to send unsolicited
e-mail, including without limitation promotions or advertisements for products or
services; (i) forge any TCP/IP packet header or any part of the header information
in any e-mail or in any uploading or posting to, or transmission, display, performance
or distribution by means of, the Website or Services; or (j) attempt to modify,
reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce
to a human-perceivable form any of the source code used by OrnamentShop.com Parties
in providing the Website or Services. Any violation of this section may subject
You to civil and/or criminal liability.
17. INTELLECTUAL PROPERTY
(a) Compliance with Law
You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE WEBSITE AND SERVICES. THE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS RESTS SOLELY WITH YOU.
OrnamentShop.com, OrnamentShop.com logo and [theornamentshop.com, ornamentstore.com, SantasOrnamentShop.mobi, SantasOrnamentShop.org, SantasOrnamentShop.us, SantasOrnamentShop.info, SantasOrnamentShop.biz, SantasOrnamentShop.name, SantasOrnamentShop.ws, OrnamentShop.net, OrnamentShop.mobi, OrnamentShop.org, OrnamentShop.us, OrnamentShop.info, OrnamentShop.biz, OrnamentShop.us, OrnamentShop.name] (the “OrnamentShop.com Marks”) are trademarks or registered trademarks of OrnamentShop.com, Inc. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third parties. Neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to, or any license to reproduce or otherwise use, OrnamentShop.com Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in OrnamentShop.com Marks generated as a result of Your use of the Website and Services will inure to the benefit of OrnamentShop.com, and You agree to assign, and hereby do assign, all such goodwill to OrnamentShop.com. You shall not at any time, nor shall You assist others to, challenge OrnamentShop.com’s right, title, or interest in or to, or the validity of, OrnamentShop.com Marks.
(c) Copyrighted Materials; Copyright Notice
OrnamentShop.com Content and other materials available through the Website and Services are either owned by OrnamentShop.com or are the property of OrnamentShop.com’s licensors and suppliers. Except as explicitly provided, neither Your use of the Website and Services nor this Agreement grant You any right, title or interest in or to any such materials. Copyright © 2007 to the present, OrnamentShop.com. ALL RIGHTS RESERVED.
(d) DMCA Policy
As OrnamentShop.com asks others to respect OrnamentShop.com’s intellectual property rights, OrnamentShop.com respects the intellectual property rights of others. If you have evidence, know, or have a good faith belief that your copyright rights or the copyright rights of a third party have been violated and you want OrnamentShop.com to delete, edit, or disable the material in question, you must provide OrnamentShop.com with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit OrnamentShop.com to locate the material; (d) information reasonably sufficient to permit OrnamentShop.com to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to OrnamentShop.com’s designated agent at:
Email Address: Russ@OrnamentShop.com
Subject: Copyright Agent OrnamentShop.com
OrnamentShop.com will respond to all such notices, including as required or appropriate by removing the offending material or disabling all links to the offending material. OrnamentShop.com has adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of OrnamentShop.com or of a third party, or otherwise violated any intellectual property laws or regulations.
18. DISCLAIMERS; LIMITATION OF LIABILITY
(a) NO WARRANTIES.
ORNAMENTSHOP.COM, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORNAMENTSHOP.COM, ON BEHALF OF ITSELF AND LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER ORNAMENTSHOP.COM NOR LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER ORNAMENTSHOP.COM NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
(b) YOUR RESPONSIBILITY FOR DAMAGE
YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD ORNAMENTSHOP.COM OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
(c) LIMITATION OF LIABILITY
THE LIABILITY OF ORNAMENTSHOP.COM AND ITS LICENSORS AND SUPPLIERS IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL ORNAMENTSHOP.COM OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO ORNAMENTSHOP.COM OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. ADDITIONALLY, THE MAXIMUM LIABILITY OF ORNAMENTSHOP.COM AND LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE AGGREGATE PRICE YOU PAID TO ORNAMENTSHOP.COM DURING THE YEAR PRECEDING THE INCIDENT OR INCIDENTS GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN ORNAMENTSHOP.COM AND YOU. THE WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND ORNAMENTSHOP.COM OR BETWEEN YOU AND ANY OF ORNAMENTSHOP.COM’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. ORNAMENTSHOP.COM’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
19. GENERAL REPRESENTATION AND WARRANTY
You represent and warrant that Your use of the Website and Services will be in accordance
with this Agreement and any other OrnamentShop.com policies, and with any applicable
laws or regulations.
20. INDEMNITY BY YOU
You agree to defend, indemnify and hold harmless OrnamentShop.com and its officers,
directors, employees, agents, affiliates, representatives, sublicensees, successors,
assigns, and contractors (collectively, the “OrnamentShop.com
Parties”) from and against any and all claims, actions, demands, causes
of action and other proceedings (collectively, “Claims”),
including but not limited to legal costs and fees, arising out of or relating to:
(i) Your breach of this Agreement, including without limitation any representation
or warranty contained in this Agreement; (ii) Your access to or use of the Website
or Services; or (iii) Your provision to OrnamentShop.com or any of OrnamentShop.com
Parties of information or other data.
OrnamentShop.com Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by You of any Claim as to which You are required to defend, indemnify or hold harmless OrnamentShop.com Parties. You may not settle any Claim without the prior written consent of the concerned OrnamentShop.com Parties.
21. GOVERNING LAW; JURISDICTION AND VENUE
(a) Website, Services & Agreement
You agree that all matters relating to this Agreement, and Your access or use of the Website and Services, including without limitation all disputes and this Agreement’s interpretation, shall be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE, SERVICES, OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN OR NEAREST TO CHICAGO, ILLINOIS. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.
WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, ORNAMENTSHOP.COM RESERVES
THE RIGHT TO, IN ORNAMENTSHOP.COM’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY USE OF THE WEBSITE AND/OR SERVICES TO ANY PERSON FOR ANY REASON OR FOR NO REASON
AT ALL, INCLUDING WITHOUT LIMITATION FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.
This Agreement shall automatically terminate in the event that You breach any of this Agreement’s representations, warranties or covenants. Such termination shall be automatic, and shall not require any action by OrnamentShop.com.
Any termination of this Agreement automatically terminates all rights and licenses granted to You under this Agreement, including all rights to use the Website and Services. Subsequent to termination, OrnamentShop.com reserves the right to exercise whatever means it deems necessary to prevent Your unauthorized use of the Website and Services, including without limitation technological barriers such as IP mapping and direct contact with Your Internet Service Provider.
If OrnamentShop.com, in OrnamentShop.com’s discretion, takes legal action against You in connection with any actual or suspected breach of this Agreement, OrnamentShop.com will be entitled to recover from You as part of such legal action, and You agree to pay, OrnamentShop.com’s reasonable costs and attorneys’ fees incurred as a result of such legal action.
OrnamentShop.com Parties will have no legal obligation or other liability to You or to any third party arising out of or relating to any termination of this Agreement. Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 1-3, 5-7, 14-22 and 24 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve You of Your obligation to pay any fees owed OrnamentShop.com.
(a) Entire Agreement; Amendment
This Agreement constitutes the entire agreement between OrnamentShop.com and You concerning Your use of the Website. This Agreement and any other written agreements executed between You and OrnamentShop.com constitute the entire agreement concerning Your use of the Services. This Agreement may only be modified by a written amendment signed by an authorized executive of OrnamentShop.com or by the unilateral amendment of this Agreement by OrnamentShop.com and by the posting by OrnamentShop.com of such amended version.
(b) Severability; Waiver
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of OrnamentShop.com. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You and OrnamentShop.com are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
(e) Third-Party Beneficiaries
Except for OrnamentShop.com Parties as and to the extent set forth in Sections 15, 17, 21 and 24(e), and OrnamentShop.com’s licensors and suppliers as and to the extent expressly set forth in Section 19, there are no third-party beneficiaries to this Agreement.
(f) Irreparable Injury
You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third party rights by You would cause irreparable injury to OrnamentShop.com and OrnamentShop.com’s licensors and suppliers, and would therefore entitle OrnamentShop.com or OrnamentShop.com’s licensors or suppliers, as the case may be, to injunctive relief.
All notices required or permitted to be given under this Agreement must be in writing. OrnamentShop.com shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to OrnamentShop.com. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH ORNAMENTSHOP.COM IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING BY ORNAMENTSHOP.COM OF AN EMAIL TO THAT ADDRESS. You shall give any notice to OrnamentShop.com by means of: (i) hand delivery; (ii) certified U.S. mail, return receipt requested, postage prepaid; or (iii) overnight courier, each as send to: 28835 Herky Drive, Unit #116, Lake Bluff, IL, 60044. All notices to OrnamentShop.com will be deemed received as follows: (i) if by hand-delivery, on the date of delivery; (ii) if delivery by U.S. mail, on the date of receipt appearing on a return receipt card; or (iii) if by overnight courier, on the date the receipt is confirmed by such courier service. You agree that any notice received from OrnamentShop.com electronically satisfies any legal requirement that such notice be in writing.