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Zang Design (“Zang Design”) operates this web site (the “Web
Site”) on behalf of Liz Beth, LLC (“Liz Beth”). Zang
Design and Liz Beth are referred to herein collectively as the “Web Site
Operators”.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING
TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT
USE THIS WEB SITE.
Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this
Web Site are subject to change at any time without notice. Certain weights,
measures and similar descriptions are approximate and are provided for convenience
purposes only. Web Site Operators make all reasonable efforts to accurately
display the attributes of our products, including the applicable colors; however,
the actual color you see will depend on your computer system and Web Site Operators
cannot guarantee that your computer will accurately display such colors. The
inclusion of any products or services in this Web Site at a particular time
does not imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age requirements)
in regard to the possession, use and sale of any item purchased from this Web
Site. By placing an order, you represent that the products ordered will be
used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipped to an address
designated by the purchaser as long as that shipping address is compliant with
the shipping restrictions contained on this Web Site.
All purchases from this Web Site are made pursuant to a shipment contract.
As a result, risk of loss and title for items purchased from this Web Site
pass to you upon delivery of the items to the carrier.
You are responsible for filing any claims with carriers for damaged and/or
lost shipments.
Accuracy of Information. Web Site Operators attempts to ensure that information
on this Web Site is complete, accurate and current. Despite Web Site Operators
efforts, the information on this Web Site may occasionally be inaccurate, incomplete
or out of date. Web Site Operators make no representation as to the completeness,
accuracy or recentness of any information on this Web Site. For example, products
included on the Web Site may be unavailable, may have different attributes
than those listed, or may actually carry a different price than that stated
on the Web Site. In addition, Web Site Operators may make changes in information
about price and availability without notice. While it is our practice to confirm
orders by e-mail, the receipt of an e-mail order confirmation does not constitute
our acceptance of an order or our confirmation of an offer to sell a product
or service. Web Site Operators reserve the right, without prior notice, to
limit the order quantity on any product or service and/or to refuse service
to any customer. Web Site Operators also may require verification of information
prior to the acceptance and/or shipment of any order.
Use of this Web Site. The Web Site design and all text, graphics, information,
content, and other material displayed on or that can be downloaded from this
Web Site are either the property of, or used with permission by, Web Site Operators
and are protected by copyright, trademark and other laws and may not be used
except as permitted in these Terms and Conditions or with the prior written
permission of the owner of such material. You may not modify the information
or materials located on this Web Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such materials for any public or
commercial purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations.
Trademarks. Certain trademarks, trade names, service marks and logos used
or displayed on this Web Site are registered and unregistered trademarks, trade
names and service marks of Web Site Operators and their affiliates. Nothing
contained on this Web Site grants or should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademarks, trade names,
service marks or logos displayed on this Web Site without the written permission
of Web Site Operators or such third party owner.
Linking to this Web Site. Running or displaying this Web Site or any material
displayed on this Web Site in frames or through similar means on another Web
site without Web Site Operators prior written permission is prohibited. Any
permitted links to this Web Site must comply will all applicable laws, rule
and regulations.
Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by Web Site Operators, or
their affiliates. All such links are provided solely as a convenience to you.
If you use these links, you will leave this Web Site. Neither Web Site Operators
nor any of their affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither Web Site
Operators nor any of their affiliates endorse, guarantee, or make any representations
or warranties regarding any other Web site, or any content, materials or other
information located or accessible from such Web sites, or the results that
you may obtain from using such Web sites. If you decide to access any other
Web site linked to or from this Web Site, you do so entirely at your own risk.
Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that Web Site Operators may have
at law or in equity, if Web Site Operators reasonably determines that you have
violated or are likely to violate the foregoing prohibitions, Web Site Operators
may take any action they reasonably deem necessary to cure or prevent the violation,
including without limitation, the immediate removal from this Web Site of the
related materials. Web Site Operators will fully cooperate with any law enforcement
authorities or court order or subpoena requesting or directing Web Site Operators
to disclose the identity of anyone posting such materials.
User Information. Other than personally identifiable information, which is
subject to this Web Site’s Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner (“User
Communications”) is and will be considered non-confidential and non-proprietary.
Web Site Operators, each of their affiliates and/or their designees may use
any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any manner whatsoever for any
or all commercial or non-commercial purposes. Web Site Operators may, but is
not obligated to, monitor or review any User Communications. Web Site Operators
shall have no obligations to use, return, review, or respond to any User Communications.
Web Site Operators will have no liability related to the content of any such
User Communications, whether or not arising under the laws of copyright, libel,
privacy, obscenity, or otherwise. Web Site Operators retains the right to remove
any or all User Communications that includes any material Web Site Operators
deems inappropriate or unacceptable.
DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES
PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT
ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
WEB SITE OPERATORS NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND
SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WEB SITE
OPERATORS NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY
TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS
FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WEB SITE OPERATORS HEREBY
DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR
PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WEB SITE OPERATORS HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE,
PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES,
OR MISAPPROPRIATION, AS WELL AS ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WEB SITE OPERATORS MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN
THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Web Site Operators do not assume any responsibility,
and shall not be liable for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property caused by or arising
from your access to, use of, or browsing this Web Site or your downloading
of any materials, from this Web Site.
IN NO EVENT WILL WEB SITE OPERATORS, THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS
NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS
WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM
LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY
TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS
WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL
SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB
SITE, YOU AGREE THAT YOUR REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH
PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S
OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT
OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS
WEB SITE.
Revisions to these Terms and Conditions. Web Site Operators may revise these
Terms and Conditions at any time and from time to time by updating this posting.
You should visit this page from time to time to review the then current Terms
and Conditions because they are binding on you.
Certain provisions of these Terms and Conditions may be superseded by expressly
designated legal notices or terms located on particular pages at this Web Site.
Choice of Law; Jurisdiction. These Terms and Conditions supersede any other
agreement between you and Web Site Operators to the extent necessary to resolve
any inconsistency or ambiguity between them. This Web Site is administered
by Web Site Operators from its offices in Maine. These Terms and Conditions
will be governed by and construed in accordance with the laws of the State
of Maine, without giving effect to any principles of conflicts of laws. Any
action seeking legal or equitable relief arising out of or relating to this
Web Site shall be brought only in the courts of the State of Maine or the United
States District Court of Maine. A printed version of these Terms and Conditions
shall be admissible in judicial and administrative proceedings based upon or
relating to these Terms and Conditions to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form.
Termination. You or Web Site Operators may suspend or terminate your account
or your use of this Web Site at any time, for any reason or for no reason.
You are personally liable for any orders that you place or charges that you
incur prior to termination. Web Site Operators reserve the right to change,
suspend, or discontinue all or any aspect of this Web Site at any time without
notice.
Additional Assistance. If you do not understand any of the foregoing Terms
and Conditions or if you have any questions or comments, Web Site Operators
invite you to contact our Customer Service Department by e-mail at info@liz-bethllc.com
or by phone at 207.408.2339.
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