Terms of Service
READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEB SITE.
DISCLAIMERS/LIMITATIONS OF LIABILITY
The content in the web site is provided “as is”, “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement and fitness for a particular purpose.
Precious Memories Keepsakes disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to
(a) any errors in or omissions from this site and its content, including but not limited to technical inaccuracies and typographical errors,
(b) any third party websites or content therein directly or indirectly accessed through links in this site, including but not limited to any errors in or omissions therefrom,
(c) the unavailability of this site or any portion thereof,
(d) your use of this site, or
(e) your use of any equipment or software in connection with this site
A covered party (as defined below) shall not be liable for any direct, indirect, incidental, special, or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees and lost profits or savings) in any way due to, resulting from, or arising in connection with this site, including its content, regardless of any negligence of any covered party.
“Covered party,” means Precious Memories Keepsakes, affiliates, listees, and any officer, director, employee, subcontractor, agent, successor, or assign of Precious Memories Keepsakes, affiliates, and listees. Under no circumstances, including, but not limited to, negligence, shall Precious Memories Keepsakes be liable for any special or consequential damages that result from the use of, or the inability to use, the content on the web site, even if a Precious Memories Keepsakes representative has been advised of the possibility of such damages. In no event shall Precious Memories Keepsakes’ total liability to you for all damages, losses, and causes of action whether in contract, tort and/or negligence, or otherwise exceed the amount paid by you, if any, for accessing the web site.
GOVERNING LAWS IN CASE OF DISPUTE: JURISDICTION
All users, including those users who access the Web site from a country other than the U.S., agree that These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, USA, as they apply to agreements made and solely performed therein. Any Disputes arising hereunder, including those arising from Precious Memories Keepsakes’ use of personal information or otherwise relating to privacy, shall be exclusively subject to the jurisdiction of the federal courts of the United States of America and/or the state courts of New York and jurisdiction therefor shall rest solely in New York, USA.
CHANGES TO SITE AND THESE TERMS AND CONDITIONS
From time to time and as may be prescribed by law, Precious Memories Keepsakes will make changes to this Site and these Terms and Conditions with or without notice. The contents of this statement may be altered at any time, at our discretion. Please review this link on a regular basis for changes. Continued use of this Site following any change constitutes your acceptance of the change.
ENTIRE AGREEMENT; SEVERABILITY
These Terms and Conditions incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.
If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from Precious Memories Keepsakes. No other use is permitted without prior written permission of Precious Memories Keepsakes.