Trademarks
'Treasured Temptations' and it's logo(s) are Service Marks owned by
Captivating Visions LLC.
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, Treasured
Temptations disclaims all warranties, express or implied, including, but not
limited to, implied warranties of merchantability and fitness for a particular
purpose and non-infringement. Treasured Temptations 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.
Treasured Temptations 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
Treasured Temptations shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if Treasured Temptations has
been advised of the possibility of such damages. Applicable law may not allow
the limitation of exclusion of liability or incidental or consequential damages,
so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a product is mistakenly listed at an incorrect price,
Treasured Temptations reserves the right to refuse or cancel any orders placed
for product listed at the incorrect price. Treasured Temptations 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, Treasured Temptations
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
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by Treasured Temptations
without notice at any time, for any reason. Any provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
Treasured Temptations 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 Treasured Temptations.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of Ohio, 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 shall be in the courts located in
Columbiana County, Ohio. Any cause of action or claim you may have with respect
to the site must be commenced within one (1) year after the claim or cause of
action arises. Treasured Temptations 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. Treasured Temptations & Captivating Visions LLC may assign
its rights and duties under this Agreement to any party at any time without
notice to you.
Indemnification
You agree to indemnify, defend, and hold harmless Treasured Temptations, 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.
