These General Terms and Conditions of Use (“Terms”) are entered into by and between you and INTIMATE TICKLES, LLC, a North Carolina Limited Liability Company (“INTIMATE TICKLES”). In consideration of your use of and access to this Internet site (the “shop.IntimateTickles.com Site”), and the promises and obligations herein, and intending to be legally bound, you and INTIMATE TICKLES hereby agree as follows: Your access to and use of the shop.IntimateTickles.com Site is subject to these Terms, as well as any modifications issued by INTIMATE TICKLES to these Terms, and all applicable laws and regulations. BY USING THE shop.IntimateTickles.com SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the shop.IntimateTickles.com Site. Among other things, the shop.IntimateTickles.com Site provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in the shop.IntimateTickles.com Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the shop.IntimateTickles.com Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Changes in Terms
INTIMATE TICKLES shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the shop.IntimateTickles.com Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the shop.IntimateTickles.com Site. You are responsible for reviewing the shop.IntimateTickles.com Site periodically for any modification to this Agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by The Powder Room to these Terms. ANY ACCESS OR USE OF THE shop.IntimateTickles.com SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than The Powder Room shall be valid or enforceable against The Powder Room unless expressly agreed to by The Powder Room in a writing signed by a duly authorized officer of The Powder Room.
These Terms are effective until terminated by The Powder Room. The Powder Room may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the shop.IntimateTickles.com Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. The Powder Room shall also have the right without notice and at any time to terminate the shop.IntimateTickles.com Site or any portion thereof, or any products or services offered through the shop.IntimateTickles.com Site, or to terminate any individual’s right to access or use the shop.IntimateTickles.com Site or any portion thereof.
4. Compliance with Laws
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the shop.IntimateTickles.com Site and your purchase of the items on the shop.IntimateTickles.com Site. You must be at least 18 years old to use the shop.IntimateTickles.com Site.
5. Content and Trademarks
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the shop.IntimateTickles.com Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.” The Content may contain errors, omissions, or typographical errors or may be out of date. The Powder Room may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on The Powder Room in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by The Powder Room or by third parties that have licensed their use to The Powder Room. You may view and use the Content only for your personal information and for shopping and ordering on the shop.IntimateTickles.com Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, The Powder Room does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the shop.IntimateTickles.com Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. These trademarks, service marks, images, and logos may not be used in connection with any product or service that is not The Powder Room’s or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Powder Room. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by The Powder Room, is strictly prohibited.
6. Linked Third Party Sites
Links to other Internet sites operated by third parties, including The Powder Room vendors, do not constitute sponsorship, endorsement, or approval by The Powder Room of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by The Powder Room, and The Powder Room is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
If you would like to link to this Site, you may only do so on the basis that you link to, but do not replicate, the home page of this Site, and subject to the following conditions:
you do not remove, distort or otherwise alter the size or appearance of the The Powder Room logo or any other The Powder Room trademark or service mark;
you do not create a frame or any other browser or border environment around this Site;
you do not in any way imply that The Powder Room is endorsing any products or services other than its own;
you do not misrepresent your relationship with The Powder Room nor present any other false information about The Powder Room;
you do not otherwise use any The Powder Room trademarks displayed on this Site without express written permission from The Powder Room;
you do not link from a website that is not owned by you; and your website does not contain content that is pornographic, offensive, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
The Powder Room expressly reserves the right to revoke the right granted in this section for breach of these linking terms and to take any action it deems appropriate. You shall fully indemnify The Powder Room for any loss or damage suffered by The Powder Room for breach of these linking terms.
7. Prices; Orders
All prices displayed on the shop.IntimateTickles.com Site are quoted in U.S. dollars. The Powder Room may restrict delivery to addresses within the United States. The Powder Room will add shipping and handling fees and applicable sales/use tax. The Powder Room reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the shop.IntimateTickles.com without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products or services on the shop.IntimateTickles.com Site do not imply endorsement of that product or service, or constitute a warranty, by The Powder Room. The receipt by you of an order confirmation does not constitute The Powder Room acceptance of an order. Prior to The Powder Room acceptance of an order, verification of information may be required. The Powder Room reserve the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The Powder Room, for any reason. The Powder Room reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, The Powder Room shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether 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 canceled, The Powder Room shall promptly issue a credit to your credit card account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to the shop.IntimateTickles.com Site and Content
The Powder Room makes no warranties or representations whatsoever with respect to the shop.IntimateTickles.com site or any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials. The Powder Room also does not warrant or represent that your access to or use of the shop.IntimateTickles.com site or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the shop.IntimateTickles.com site or any linked site is free of computer viruses or other harmful components. Without limiting the foregoing, all content provided on the shop.IntimateTickles.com site is provided to users “as is,” with no warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. The “as is” condition of content is expressly made a condition of any transaction arising through or as a result of the shop.IntimateTickles.com site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Under no circumstances shall The Powder Room, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages, whether in contract or in tort, including negligence, arising in any way out of access to or use of or inability to access or use the shop.IntimateTickles.com site or any linked site or its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if The Powder Room is expressly advised of the possibility of such damages.
9. Disclaimer and Limitation of Liability as to Products and Services
Due to the personal nature of all products, returns cannot be accepted. Accordingly, The Powder Room makes no representation or warranty with respect to any product or service sold. Except as expressly stated herein, The Powder Room expressly disclaims all warranties, express or implied, of any kind with respect to products and services sold on the shop.IntimateTickles.com site, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall The Powder Room, its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the shop.IntimateTickles.com site, even if The Powder Room is expressly advised of the possibility of such damages. In no event shall The Powder Room’s liability exceed the price you paid for the product or service that is the subject of the claim.
You agree to defend, indemnify, and hold harmless The Powder Room, The Powder Room vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the shop.IntimateTickles.com Site. The foregoing indemnification obligation shall survive termination of these Terms and the shop.IntimateTickles.com Site and any product or service provided to you arising out of or relating to your use of the shop.IntimateTickles.com Site. If you are accessing the Site in the course of a business, you agree to indemnify us and to keep us indemnified from all or any liability or damages incurred in contract, tort or otherwise towards a third party as a result of your use of this Site.
These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by The Powder Room of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. The Powder Room shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. Access to or use of the shop.IntimateTickles.com Site shall not be construed as The Powder Room purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of North Carolina. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflicts of law provisions. Additionally, any claims brought against The Powder Room shall be governed by and construed in accordance with the laws of the State of North Carolina.