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Terms of Use |
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By accessing or using any part of the BestKidStores.com or BestKidsStores.com (collectively the "Website") or the services provided on it (the "Services") as provided by Hamsinii, LLC (the "Provider"), you (the "User") agree to accept and comply with the terms, conditions, and notices stated herein.
These terms and conditions may be modified by the Provider from time-to-time without notice to you. These Terms of Use constitute a binding contract between the Provider and you. You are responsible for regularly reviewing the Terms of Use. If you do not wish to be bound by these Terms of Use, please do not access or use any part of the website.
General Use
Unless specified otherwise, the Provider offers you access to the website solely for your personal and non-commercial uses. You agree to only access or use the website only for legal purposes that are permitted by the Terms of Use.
The Services provided by the Provider through its Website may also be located on third party Web sites or applications, via a link, click-through advertising, or otherwise. Nothing contained in any of these Services is an offer or promise by the Provider to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. In addition, the Provider does not make any representation or warranty with respect to such third party Services, and is not responsible for their accuracy, sufficiency, veracity, completeness, or timeliness. You are responsible for confirming the sufficiency and reliability of any third party Services, and you hereby release the Provider from any and all claims, demands, liability and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with your use of such Services.
Please note that you may be subject to additional and/or different terms, conditions, and privacy policies when you use third party Services, Content (as defined below), software or sites.
Content Contained in the Website
The Website and all of its contents (collectively, "Content") is owned by the Provider and/or third parties with all rights reserved unless otherwise noted. The Provider grants you a limited license to access and use the Website and Content solely for informational, personal and non-commercial purposes (including printing individual pages from the Website provided that you retain all copyright and other proprietary notices contained thereon). You are strictly prohibited from downloading (other than page caching) modifying, or making any other use of the Content, except with express written consent of the Provider. You understand that all third party Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the third party originator of such Content. Content is provided through the Website "AS IS", and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall the Provider be liable for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Services.
The Provider is committed to maintaining the privacy and security of any and all such information that you provide to the Provider through the Website in accordance with its Privacy Policy.
Applicable Law
This Terms of Use is governed by the laws of the State of Georgia, U.S.A. without regard to conflicts of laws principles. You hereby consent to the exclusive jurisdiction and venue of courts sitting in Cumming, County of Forsyth in all disputes arising out of or relating to accessing or using of the Website. Access or use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Provider as a result of the Terms of Use or accessing or using the Website. The Provider's performance under the Terms of Use is subject to existing laws and legal process, and nothing contained in the Terms of Use is in derogation of the Provider"s right to comply with governmental, court and law enforcement requests or requirements relating to your access or use of the Website or information provided to or gathered by the Provider with respect to such use.
Interpretation of the Terms of Use
If any part of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations contained herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect. Unless otherwise specified herein (or in any other definitive written agreement between you and The Provider), the Terms of Use constitutes the entire agreement between you and the Provider with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Provider with respect to the Website. A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE WEBSITE, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE PROVIDER MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH REGARD TO THE APPROPRIATENESS, ACCURACY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE WEBSITE, SERVICES AND/OR CONTENT. THE PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD THE PROVIDER, ITS THIRD-PARTY VENDORS, CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM ANY AND ALL CLAIMS AND DEMANDS, INCLUDING, BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF ANY CONTENT, SUBMITTED, POSTED, OR OTHERWISE PROVIDED BY YOU TO THE PROVIDER AND/OR ITS THIRD PARTY ADVERTISERS AND ANY BREACH BY YOU OR YOUR AFFILIATES, EMPLOYEES, AGENTS AND REPRESENTATIVES OF THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO ACCESS OR USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY CONTENT, SOFTWARE, PRODUCTS AND SERVICES MADE AVAILABLE OR OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ANY SERVICES OR CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE WEBSITE, AND ALL OTHER USE OF THE WEBSITE, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
Copyright
All materials on the Website (as well as the organization and layout of the Website) are owned and copyrighted or licensed by the Provider, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Website is permitted without the written permission of the Provider. Any rights not expressly granted herein are reserved.
Any questions to be addressed to:
Legal Department
Hamsinii, LLC
5890 Bethelview Road
Cumming GA 30040
Telephone: 678-200-8462
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