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Terms and Conditions of Use
The following "Terms and Conditions" govern the use of the Web site located at URL www.SmallTouches.com (Site) and the services offered on the Site.
By using our Site, you understand and agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supercede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by
CES, Inc.,("Small Touches," "we" or "us"). We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site.
Copyrights and Trademarks of CES, Inc.
Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of CES, Inc. Copyright © 2002
- 2003, ALL RIGHTS RESERVED. All audio and video clips are the sole property of CES,
Inc. or our respective content providers. The content and software on our Site is the property of
CES, Inc. and/or its suppliers and is protected by U.S. and international copyright laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at
assistance@SmallTouches.com. All rights not expressly granted herein are reserved.
We post legal notices and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove this notice or these credits or any additional information accompanying the notices and credits.
The following is a list of trademarks, trade name and service marks owned by
CES, Inc.:
Small Touches®
The absence of a trademark, trade name and service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and service names are trade names, trademarks or service marks of
CES, Inc.. All other trade names, trademarks or service marks are property of their respective owners. The use of any
CES, Inc. trade name, trademark or service mark without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@SmallTouches.com.
Accounts
You agree that you will not misuse or abuse account access and passwords. You agree that you will use only your password and that you will take all reasonable precautions to protect its secrecy.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.
Sales Taxes
We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state.
Specials and Promotions
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Links
If you have a problem with a link from our Site, please notify us at
assistance@SmallTouches.com. We will investigate the link and take appropriate action.
Violation of the Terms and Conditions
By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any Live Chat services offered on our Site, and may remove any User Content you have provided if we believe that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of
CES, Inc. or another user.
Compliance With Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or the our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.
Export
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
Privacy
We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at http://www.smalltouches.com/privacy.php is incorporated herein by reference and made a part of the Terms and Conditions.
Feedback
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of
CES, Inc.. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
Restrictions
You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through this Site. You agree not to use this Site or any content contained in it for any illegal or inappropriate activities.
Shipping and Delivery
CES, Inc., in conjunction with Federal Express, will attempt to deliver a product on the requested day.
UPS, Federal Express or USPS does not telephone before delivering packages, and we cannot guarantee the time of delivery.
CES, Inc. is not responsible for perishables, flowers, plants and preserved items delivered to incorrect addresses supplied by the sender, or a Federal Express re-route requested by the sender.
CES, Inc. is not responsible for unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the customer.
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.
Orders
CES, Inc. does not allow orders to be edited or cancelled within 48 hours of the requested delivery date, or within the seven days prior to Thanksgiving, Christmas, Valentine's Day or Mother's Day, because of our extremely high volume of orders during these times.
Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
Disclaimer and Limitation of Liability as to Products Sold
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT IN NO EVENT SHALL
CES, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Disclaimer and Limitation of Liability as to Our Site
WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION IN OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE, SUCH AS LIVE CHAT, WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON IT WILL PROVIDE ANY SPECIFIC RESULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE, ITS OPERATIONS, CONTENTS, INFORMATION OR MATERIALS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO OUR SITE OR ITS USE, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOU AGREE THAT CES, Inc., ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED WEB SITE.
Applicable Law
You agree that any legal action brought against us shall be governed by the laws of the State of California, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of or orders made on our Site shall be an appropriate federal or state court located in Sacramento, California. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
Indemnity
By using our Site, you agree to indemnify and hold CES, Inc., its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our Site, including providing a link to another site or uploading any content to our Site.
How to Contact Us
If you have any comments or questions, please do not hesitate to contact us at
assistance@SmallTouches.com or at 1-866-735-3237, or write us at:
Small Touches
2003 Gold Mine Way
Roseville, CA 95747
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