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> Terms of Use Agreement |
The following are the terms of the agreement between
Millia LLC or KidsRoomTreasures.com ("Company") and the buyer ("Buyer") of
goods or services through the Company's website (the "Site"). Buyer agrees to the terms and conditions outlined in
this Online Contract ("Contract") with respect to the goods,
services and information provided by or through the Site.
Buyer agrees to review this Contract
prior to purchasing anything and purchase of a good or service shall be
deemed Acceptance of This Contract. |
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| 1. Electronic Communications |
| When you visit
KidsRoomTreasures.com or send e-mails to
us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by
e-mail or by posting notices on this site. You agree that all
agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such
communications be in writing. |
| 2. Copyright |
| All content included on this site, such as
text, graphics, logos, button icons, images, data compilations, and software, is the property of
KidsRoomTreasures.com and protected by United States and
international copyright laws. The compilation of all content on this
site is the exclusive property of MilliaKids.com and protected by U.S. and
international copyright laws. |
| 3. Site Access and
Use |
| Millia LLC grants you a limited license to
access and make personal use of KidsRoomTreasures.com and not to download (other
than page caching) or modify it, or any portion of it, except with
express written consent of Millia LLC. This license does not include any
resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative
use of this site or its contents; or any use of data
mining, robots, or similar data gathering. This
site or any portion of this site may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Millia LLC. Any unauthorized use terminates the permission or license
granted by Millia LLC. You are granted a limited, revocable, and
nonexclusive right to create a hyperlink to the pages of
KidsRoomTreasures.com
as long as the link does not portray KidsRoomTreasures.com, or our products or services in a false, misleading, derogatory, or
otherwise offensive matter. |
| 4. Your Account,
Order Acceptance and Gift Registry |
If you use this site, you are responsible for
maintaining the confidentiality of your account and password. You agree to accept
responsibility for all activities that occur under your account or
password and under your gift registry code. Company does not protect Buyer from
unauthorized use of Buyer's password.
Millia LLC does sell products for children, but it sells them to
adults. If you are under 18, you
may use KidsRoomTreasures.com only with involvement of a parent or guardian.
Millia LLC reserves the right to refuse service,
terminate accounts, remove or edit content, pricing, cancel orders or
revoke coupons in our sole discretion.
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| 5. Payment
Agreement |
Buyer represents and warrants that:
- The
credit card information supplied is true, correct and complete
- Charges incurred by the Buyer will be honored by the Buyer's credit card
company
- Buyer shall pay charges incurred including all applicable taxes
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| 6.
Risk of Loss/Shipment
Contract |
| All items purchased from
KidsRoomTreasures.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 shipping
agency (USPS, UPS, etc.). We rely on services of a third party
to deliver packages thus we cannot take responsibility for any lost,
damaged, misdirected, or erroneously returned mail by the delivery
agency; shipping/handling costs are non-refundable. |
| 7. Product
Descriptions |
| We attempt to describe products and supply images as
accurate as possible. However, Millia LLC does not warrant that product
descriptions or other content of this site is accurate, complete,
reliable, current, or error-free. If a product offered through
MilliaKids.com itself is not as described, your sole remedy is to return it in unused
condition for a refund. |
| 8. Indemnification |
| Buyer agrees to indemnify, defend and hold
Company and its affiliates, licensors and suppliers harmless from any
liability, loss, claim and expense, including reasonable attorney's
fees, related to a Buyer's violation of this Contract or use of the
Site. |
| 9. DISCLAIMER OF
WARRANTIES AND LIMITATIONS OF LIABILITY |
| INFORMATION FROM OR THROUGH MILLIAKIDS.COM IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. MILLIA LLC MAKES
NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO
THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MILLIA LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MILLIA LLC DOES NOT WARRANT THAT MILLIAKIDS.COM SITE OR
E-MAIL SENT FROM MILLIAKIDS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. MILLIA LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND
ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. THE SOLE AND
ENTIRE MAXIMUM LIABILITY OF MILLIA LLC, FOR ANY REASON, AND BUYER'S SOLE
AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE
AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY
AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING
DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE),
WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE
ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND
BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT
SUCH LIMITATIONS. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
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| 10. Site Policies,
Modifications, and Severability |
| Please review our
other
policies posted on this site. These policies also govern your visit
to KidsRoomTreasures.com. We reserve the right to make changes to our site,
policies, and this Terms of Use Agreement at any time. If any of these
terms shall be deemed invalid, void, or for any reason
unenforceable, that term shall be deemed severable and shall not
affect the validity and enforceability of any remaining terms. |
This site contains links to other Internet sites. Such links are not
endorsements of any products or services in such sites. No
information in such site has been endorsed or approved by Millia LLC.
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