Mary's
Bargains
(http://www.MarysBargains.com)
Terms
of Service
PLEASE READ THE
FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS
WEBSITE. All users of this site agree that access to and use of this
site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions,
please do not use this site.
Copyright
The entire content included in this site, including but not limited to
text, graphics or code is copyrighted as a collective work under the
United States and other copyright laws, and is the property of Mary's
Bargains. The
collective work includes works that are
licensed to Mary's
Bargains. Copyright
2010, Mary's
Bargains ALL RIGHTS
RESERVED. Permission is granted to
electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with Mary's
Bargains or
purchasing Mary's
Bargains products.
Any other use, including but not limited
to the reproduction, distribution, display or transmission of the
content of this site is strictly prohibited, unless authorized by Mary's
Bargains. You
further agree not to change or delete any
proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Mary's
Bargains used in the
site are trademarks or registered
trademarks of Mary's
Bargains.
Warranty
Disclaimer
This site and the materials and products on this site are provided "as
is" and without warranties of any kind, whether express or implied. To
the fullest extent permissible pursuant to applicable law, Mary's
Bargains disclaims
all warranties, express or implied,
including, but not limited to, implied warranties of merchantability
and fitness for a particular purpose and non-infringement. Mary's
Bargains does not
represent or warrant that the functions
contained in the site will be uninterrupted or error-free, that the
defects will be corrected, or that this site or the server that makes
the site available are free of viruses or other harmful components. Mary's
Bargains does not
make any warrantees or representations
regarding the use of the materials in this site in terms of their
correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. Some states do not permit limitations or exclusions on
warranties, so the above limitations may not apply to you.
Limitation of
Liability
Mary's
Bargains shall not
be liable for any special or
consequential damages that result from the use of, or the inability to
use, the services and products offered on this site, or the performance
of the services and products.
Typographical
Errors
In the event that a Mary's
Bargains product is
mistakenly listed at an incorrect
price, Mary's
Bargains reserves
the right to refuse or cancel any orders
placed for product listed at the incorrect price. Mary's
Bargains reserves
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 cancelled, Mary's
Bargains shall issue
a credit to your credit card account
in the amount of the incorrect price.
Term;
Termination
These terms and conditions are applicable to you upon your accessing
the site visiting pages contained herein and/or completing any
shopping process. These terms and conditions, or any part of them, may
be terminated by Mary's
Bargains without
notice at any time, for any reason. The
provisions relating to Copyrights, Trademark, Disclaimer, Limitation of
Liability, Indemnification and Miscellaneous, shall survive any
termination.
Notice
Mary's
Bargains may deliver
notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address
you have provided to Mary's
Bargains.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of
the state of Michigan, U.S.A., without regard to choice of law
provisions, and not by the 1980 U.N. Convention on contracts for the
international sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out of or
relating to this site (including but not limited to the purchase of Mary's
Bargains products or
services) shall be in the state or
federal courts located in Oakland County, Michigan. Any cause
of action or claim you may have with respect to the site (including but
not limited to the purchase of Mary's
Bargains products)
must be commenced within one (1) year
after the claim or cause of action arises. Mary's
Bargains's failure
to insist upon or enforce strict
performance of any provision of these terms and conditions shall not be
construed as a waiver of any provision or right. Neither the course of
conduct between the parties nor trade practice shall act to modify any
of these terms and conditions. Mary's
Bargains may assign
its rights and duties under this
Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail,
chat, or by use of obscene or abusive language, is strictly forbidden.
Impersonation of others, including a Mary's
Bargains or other
licensed employee, host, or
representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish
through the site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive, illegal,
or otherwise objectionable which may constitute or encourage a criminal
offense, violate the rights of any party or which may otherwise give
rise to liability or violate any law. You may not upload commercial
content on the site or use the site to solicit others to join or become
members of any other commercial online service or other organization.
Participation
Disclaimer
Mary's
Bargains does not
and cannot review all communications and
materials posted to or created by users accessing the site, and is not
in any manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user-generated content on the site, Mary's
Bargains is merely
acting as a passive conduit for such
distribution and is not undertaking any obligation or liability
relating to any contents or activities on the site. However, Mary's
Bargains reserves
the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual property
right of another or (d) offensive or otherwise unacceptable to Mary's
Bargains in its sole
discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Mary's
Bargains, its
officers, directors, employees, agents,
licensors and suppliers (collectively the "Service Providers") from and
against all losses, expenses, damages and costs, including reasonable
attorneys' fees, resulting from any violation of these terms and
conditions or any activity related to your account (including negligent
or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Third-Party
Links
In an attempt to provide increased value to our visitors, Mary's
Bargains may link to
sites operated by third parties.
However, even if the third party is affiliated with Mary's
Bargains, Mary's
Bargains has no
control over these linked sites, all of
which have separate privacy and data collection practices, independent
of Mary's
Bargains. These
linked sites are only for your convenience
and therefore you access them at your own risk. Nonetheless, Mary's
Bargains seeks to
protect the integrity of its web site and
the links placed upon it and therefore requests any feedback on not
only its own site, but for sites it links to as well (including if a
specific link does not work).
Privacy Policy
Mary's
Bargains maintains
a Privacy Policy for all
visitors:
Mary's
Bargains
Privacy Policy
Webmaster