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The
following is the terms of the agreement between Split the Sheets LLC
("Company") and the buyer ("Buyer") of goods or services through the
Company's Web site (the "Site"). The use of this site, and the terms
and condition for for the sale of any goods and services, is governed by
this Terms of Service Agreement. By using this Site, you acknowledge that
you have read the Terms of Service Agreement and the disclaimers and
caveats contained in the Site, and that you accept and will be bound by
the terms thereof.
1.
Introduction. 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. This Contract constitutes
the entire and only agreement between the Company and Buyer, and
supersedes any and all prior or contemporaneous agreements,
representations, warranties, and understandings with respect to the goods,
services and information provided by or through the Site, and the subject
matter of this Contract. Buyer agrees to review this Contract prior to
purchasing anything and purchase of a good or service shall be deemed
acceptance of this Contract.
2.
Setup and Payment. Buyer represents and warrants that (i) the credit
card information supplied is true, correct and complete and (ii) charges
incurred by the Buyer will be honored by the Buyer's credit card company
and (iii) Buyer shall pay charges incurred by Buyer at the amounts in
effect at the time incurred, including all applicable taxes. Buyer shall
be responsible for all charges incurred through use of Buyer's password.
Buyer agrees to keep his or her password confidential and to notify
Company within 24 hours of any breach of this Contract or unauthorized use
of the password. Company does not protect Buyer from unauthorized use of
Buyer's password.
3.
Copyright. The content, organization, gathering, compilation, magnetic
translation, digital conversion, and other matters related to the Site are
protected under applicable copyrights, trademarks, and other proprietary
(including, but not limited to, intellectual property) rights, and the
copying, redistribution, use or publication by a Buyer of any such content
or any part of the Site is prohibited.
4.
Editing, Deleting and Modification. Company reserves the right in its
sole discretion to edit or delete any information or content appearing on
the Site and to remove any goods and services for sale. Upon notice
published over the Service, Company may modify this Contract, or prices,
and may discontinue or revise any or all aspects of the Site in its sole
discretion and without prior notice. Modification of this Contract will be
deemed effective upon publication on the Site with respect to transactions
occurring after said date.
5.
Right to Refuse. Company reserves the right in its sole discretion to
refuse service at any time. Sale of goods or services is subject to
availability.
6.
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.
7.
Non-Transferable. Buyer's right to use the Service is not transferable
and is subject to any limits established by Company or by Buyer's credit
card company.
8.
Disclaimer. THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH
THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES,
EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE
DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, 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. SOME STATE
STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
9.
Refund & Returns Policy. If a product purchased is defective
or not to Buyer's satisfaction, Buyer can return the product in its
original condition within 21 days of receipt, to the following address:
Split the Sheets LLC, 1432 N Woodlawn Street, Tacoma WA 98406. Requests for return must be
placed with our Customer Service department by calling (253) 219-7306
within five (5) business days of receipt of your order. Company will only
accept returns on merchandise in its original packaging and condition.
Buyer will be responsible for all freight charges. This Section 9 sets forth Buyer's sole and exclusive
right to refund. Claims for shortages in packing or defective merchandise
must be made by calling our Customer Service department at (253) 219-7306
within five (5) business days of receipt. Shipping Damage. If a package is
delivered in a visibly damaged state, or if Buyer received less than the
number of packages stated on Delivery Log, inform driver to make note of
such damage or shortage on the Delivery Log. Failure to do so may result
in Buyer's loss of right to make claim against delivery company.
10.
Personal Information. Company reserves the right, and Buyer authorizes
Company, to the use and assignment of all information regarding Buyer's
use of the Site and all information provided by Buyer, subject to
applicable law.
11.
Miscellaneous. This Contract shall be treated as though it were
executed and performed in Tacoma, Washington, and shall be governed by and
construed in accordance with the laws of the United States of America and
of the State of Washington (without regard to conflict of law
principles). Any cause of action of Buyer with respect to the Site must be
instituted within six (6) months after any purchase or be forever waived
and barred. All actions shall be subject to the limitations set forth in
Section 8. The language in this Contract shall be interpreted as to its
fair meaning and not strictly for or against any party. All legal
proceedings arising out of or in connection with this Contract shall be
brought solely in Pierce County, Tacoma, Washington, and Buyer expressly
submits to the jurisdiction of said courts and Buyer consents to
extra-territorial service of process. Should any part of this Contract be
held invalid or unenforceable, that portion shall be construed consistent
with applicable law as nearly as possible to reflect the original
intentions of the parties and the remaining portions shall remain in full
force and effect. To the extent that anything in or associated with the
Site or the Company is in conflict or inconsistent with this Contract,
this Contract shall take precedence. Failure of Company to enforce any
provision of this Contract shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
12. DISCLAIMER.
The use of this site, and the terms and conditions for our providing
information, is governed by this Disclaimer. By using this site, you
acknowledge that you have read the Disclaimer and that you accept and will
be bound by the terms thereof.
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