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Copyright,
Disclaimers and Privacy Policy
Ultimate Shopping Place Terms of Use
Welcome to ultimateshoppingplace.com. Ultimateshoppingplace.com supports freedom
of speech, both on and off the Internet. However, the goal of this web site is
to provide access to the widest selection of products to the largest group of
people possible. To insure a safe, nonoffensive environment for all of our
users, we have established our Terms of Use. It spells out what you can expect
from us and what we expect from you. By accessing any areas of
ultimateshoppingplace.com, users ("Users") agree to be legally bound
and to abide by the terms set forth below. Ultimateshoppingplace.com is owned
and operated by ultimateshoppingplace.com (sm). Any references herein to
ultimateshoppingplace.com shall be deemed to refer to ultimateshoppingplace.com
as applicable under the circumstances. I. TRADEMARKS ultimateshoppingplace.comsm,
and subheadings thecornercafe(sm), thecornercoffice(sm)
ultimateplanningplace(sm)all service marks of ultimateshoppingplace.com or its
affiliates. All rights reserved. These and other ultimateshoppingplace.com
graphics, logos and service marks and trademarks of
ultimateshoppingplace.com(sm)and its affiliates may not be used without prior
written consent of ultimateshoppingplace.comsm or its affiliates, as the case
may be. All other trademarks, product names, and company names and logos
appearing on ultimateshoppingplace.com(sm) are the property of their respective
owners. II. DISCLAIMERS AND LIMITATION OF LIABILITY User expressly agrees that
use of ultimateshoppingplace.comsm is at User's sole risk. Neither
ultimateshoppingplace.comsm, nor its affiliates, nor any of their officers,
directors, or employees, agents, third-party content providers, merchants,
sponsors, licensors (collectively, "Providers"), or the like, warrant
that ultimateshoppingplace.comsm will be uninterrupted or error-free; nor do
they make any warranty as to the results that may be obtained from the use of
ultimateshoppingplace.comsm, or as to the accuracy, reliability, or currency of
any information content, service, or merchandise provided through
ultimateshoppingplace.comsm. THIS SITE IS PROVIDED BY ULTIMATESHOPPINGPLACE.COM
ON AN "AS IS"AND "AS AVAILABLE" BASIS.
ULTIMATESHOPPINGPLACE.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, ULTIMATESHOPPINGPLACE.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ULTIMATESHOPPINGPLACE.COM WILL NOT BE LIABLE
FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT
LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO
ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ULTIMATESHOPPINGPLACE.COM NOR ITS
AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS,
OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH
INFORMATION OR ADVICE. Under no circumstances shall ultimateshoppingplace.com or
any other party involved in creating, producing, or distributing
ultimateshoppingplace.com be liable for any direct, indirect, incidental,
special, or consequential damages that result from the use of or inability to
use ultimateshoppingplace.com, including but not limited to reliance by a User
on any information obtained from ultimateshoppingplace.com or that result from
mistakes, omissions, interruptions, deletion of files or email, errors, defects,
viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft,
destruction, or unauthorized access to ultimateshoppingplace.com 's records,
programs, or services. User hereby acknowledges that this paragraph shall apply
to all content, merchandise, and services available through
ultimateshoppingplace.com. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law. III. CONTENT a.
PROPRIETARY RIGHTS User acknowledges that ultimateshoppingplace.com.com contains
information, data, software, photographs, graphs, videos, typefaces, graphics,
music, sounds, and other material (collectively "Content") that are
protected by copyrights, trademarks, trade secrets, or other proprietary rights,
and that these rights are valid and protected in all forms, media and
technologies existing now or hereinafter developed. All Content is copyrighted
as a collective work under the U.S. copyright laws, and
ultimateshoppingplace.com owns a copyright in the selection, coordination,
arrangement, and enhancement of such Content. User may not modify, remove,
delete, augment, add to, publish, transmit, participate in the transfer or sale
of, create derivative works from, or in any way exploit any of the Content, in
whole or in part. If no specific restrictions are displayed, Users may make
copies of select portions of the Content, provided that the copies are made only
for User's personal use and that User maintains any notices contained in the
Content, such as all copyright notices, trademark legends, or other proprietary
rights notices. Except as provided in the preceding sentence or as permitted by
the fair use privilege under the U.S. copyright laws (see,e.g., 17 U.S.C.
Section 107), User may not upload, post, reproduce, or distribute in any way
Content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right. In addition
to the foregoing, use of any software Content shall be governed by the software
license agreement accompanying such software. b. DISTRIBUTION/UPLOADING OF
THIRD-PARTY CONTENT Except as set forth in Section III a. above, User may upload
to or otherwise distribute on ultimateshoppingplace.com only Content that is not
subject to any copyright or other proprietary rights protection (collectively,
"Public Content"), or Content in which the author has given express
authorization for distribution on the World Wide Web. Any copyrighted or other
proprietary Content distributed with the consent of a copyright owner should
contain a phrase such as "Copyright, owned by [name of owner]; used by
permission." The unauthorized submission or distribution of copyrighted or
other proprietary Content is illegal and could subject the User to criminal
prosecution as well as personal liability for damages in a civil suit. User will
be liable for any damage resulting from any infringement of copyrights or
proprietary rights, or from any other harm arising from such submission. Neither
ultimateshoppingplace.com, nor its affiliates, nor any of their officers,
directors, employees, agents, Providers, or the like, will be liable for any
damage resulting from any infringement of copyrights or proprietary rights, or
from any other harm arising from such User submission. In compliance with the
Digital Millennium Copyright Act, Users and other persons can report an
infringement to ultimateshoppingplace.com at ultimshopplace@aol.com. By
submitting Content to any User-submit areas, including, without limitation, any
User reviews or participation in any chats, User automatically grants, or
warrants that the owner of such Content has expressly granted
ultimateshoppingplace.com the royalty-free, perpetual, irrevocable, nonexclusive
right and license to use, reproduce, publish, translate, sublicense, copy, and
distribute the Content in whole or in part worldwide and/or to incorporate it in
other works in any form, media, or technology now known or hereafter developed
for the full term of any copyright that may exist in such Content. User also
permits any other User to access, store, or reproduce the Content for that
User's personal use. Subject to this grant, the owner of Content placed on
ultimateshoppingplace.com retains any and all rights which may exist in such
Content. c. THIRD-PARTY CONTENT ultimateshoppingplace.com is a distributor and
not a publisher or manufacturer of Content and products supplied by third
parties and Users. ultimateshoppingplace.com has no more editorial control over
such Content than does a public library or newsstand. Any opinions, advice,
statements, services, offers, or other information that constitutes part of
Content expressed or made available by third parties, including Providers or any
other User of ultimateshoppingplace.com, are those of the respective
manufacturers, authors or distributors and not of ultimateshoppingplace.com or
its affiliates or any of their officers, directors, employees, or agents.
Neither ultimateshoppingplace.com nor its affiliates, nor any of their officers,
directors, employees, or agents, nor any third party, including any Provider, or
any other User of ultimateshoppingplace.com, guarantees the accuracy,
completeness, or usefulness of any Content, nor its merchantability or fitness
for any particular purpose. In many instances, the Content available through
ultimateshoppingplace.com represents the opinions and judgments of the
respective Provider, or User not under contract with ultimateshoppingplace.com.
ultimateshoppingplace.com neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice, or statement made on
ultimateshoppingplace.com by anyone other than authorized
ultimateshoppingplace.com employees. Under no circumstances shall
ultimateshoppingplace.com, or its affiliates, or any of their officers,
directors, employees, or agents be liable for any loss, damage or harm caused by
a User's reliance on information obtained through ultimateshoppingplace.com. It
is the responsibility of User to evaluate the information, opinion, advice, or
other Content available through ultimateshoppingplace.com. d. EXPORT The U.S.
export control laws regulate the export and reexport of technology originating
in the United States. This includes the electronic transmission of information
and software to foreign countries and to certain foreign nationals. User agrees
to abide by these laws and their regulations -- including but not limited to the
Export Administration Act and the Arms Export Control Act and not to transfer,
by electronic transmission or otherwise, any Content derived from
ultimateshoppingplace.com to either a foreign national or a foreign destination
in violation of such laws. IV. ONLINE CONDUCT User agrees to use
ultimateshoppingplace.com only for lawful purposes. User is prohibited from
posting on or transmitting through ultimateshoppingplace.com any unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually
explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international
law. If ultimateshoppingplace.com is notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content provided by User (e.g.,
through an author chat or online review), ultimateshoppingplace.com may
investigate the allegation and determine in its sole discretion whether to
remove or request the removal of such Content from ultimateshoppingplace.com.
ultimateshoppingplace.com may disclose any Content or electronic communication
of any kind (i) to satisfy any law, regulation, or government request; (ii) if
such disclosure is necessary or appropriate to operate ultimateshoppingplace.com;
or (iii) to protect the rights or property of ultimateshoppingplace.com, its
Users or Providers. ultimateshoppingplace.com reserves the right to prohibit
conduct, communication, or Content that it deems in its sole discretion to be
harmful to individual Users, ultimateshoppingplace.com, the communities that
make ultimateshoppingplace.com, or any rights of ultimateshoppingplace.com or
any third party, or to violate any applicable law. Notwithstanding the
foregoing, neither ultimateshoppingplace.com nor its Providers can ensure prompt
removal of questionable Content after online posting. Accordingly, neither
ultimateshoppingplace.com, nor its affiliates, nor any of their officers,
directors, employees, or agents, nor Providers shall assume liability for any
action or inaction with respect to conduct, communication, or Content on
ultimateshoppingplace.com. V. PRIVACY POLICY In accordance with the terms of
ultimateshoppingplace.com Privacy Policy (detail below)
ultimateshoppingplace.com respects the privacy of its Users. VI. TERMINATION OF
USAGE ultimateshoppingplace.com may terminate User's access, or suspend any
User's access to all or part of ultimateshoppingplace.com, without notice, for
any conduct that ultimateshoppingplace.com, in its sole discretion, believes is
in violation of any applicable law or is harmful to the interests of another
User, a third-party Provider, a service provider, or ultimateshoppingplace.com.
VII. USAGE BY CHILDREN UNDER 13 ultimateshoppingplace.com cannot prohibit minors
from visiting this site ultimateshoppingplace.com must rely on parents,
guardians and those responsible for supervising children under 13 to decide
which materials are appropriate for such children to view and/or purchase.
ultimateshoppingplace.com requires that all purchases be made either (i) by
individuals 13 years of age or older, or (ii) by minors under 13 through a
ultimateshoppingplace.com authorized affiliated program which permits parents
and other guardians to both pay for the purchases of minors, and give verifiable
permission for such minors to purchase items on our site and for the collection
by us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT ULTIMATESHOPPINGPLACE.COM, YOU ARE
REPRESENTING TO ULTIMATESHOPPINGPLACE.COM THAT YOU ARE EITHER (I) AN INDIVIDUAL
13 YEARS OF AGE OR OLDER, OR (II) A MINOR UNDER 13 WHO IS PURCHASING THROUGH A
ULTIMATESHOPPINGPLACE.COM AUTHORIZED AFFILIATED PROGRAM WHICH PERMITS PARENTS
AND OTHER GUARDIANS TO BOTH PAY FOR THE PURCHASES OF MINORS, AND GIVE VERIFIABLE
PERMISSION FOR SUCH MINORS TO PURCHASE ITEMS ON OUR SITE AND FOR THE COLLECTION
BY US OF CERTAIN INFORMATION IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
VIII. APPLICABLE LAW This site is created and controlled by
ultimateshoppingplace.com in the State of Florida. As such, the laws of the
State of Florida will govern these disclaimers, terms and conditions, without
giving effect to any principles of conflicts of laws. ultimateshoppingplace.com
reserves the right to make changes to its site and these disclaimers, terms and
conditions at any time. User hereby irrevocably and unconditionally consents to
submit to the exclusive jurisdiction of the courts of the State of Florida and
of the United States of America located in the State of Florida for any
litigation arising out of or relating to use of or purchase made through
ultimateshoppingplace.com (and agrees not to commence any litigation relating
thereto except in such courts), waives any objection to the laying of venue of
any such litigation in the Florida Courts and agrees not to plead or claim in
any Florida Court that such litigation brought therein has been brought in an
inconvenient forum. IX. SEVERABILITY The provisions of these Terms of Use are
intended to be severable. If for any reason any provision of these Terms of Use
shall be held invalid or unenforceable in whole or in part in any jurisdiction,
such provision shall, as to such jurisdiction, be ineffective to the extent of
such invalidity or unenforceability without in any manner affecting the validity
or enforceability thereof in any other jurisdiction or the remaining provisions
hereof in any jurisdiction. ACKNOWLEDGMENT The Terms of Use, including all
documents referenced herein, represents the entire understanding between you and
ultimateshoppingplace.com regarding your relationship with
ultimateshoppingplace.com and supersedes any prior statements or
representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE by using the
ultimateshoppingplace.com web site. The aforementioned Terms of Use are subject
to change. Your Privacy At ultimateshoppingplace.com, we are committed to
protecting your privacy. We use the information we collect about you to process
orders and to provide a more personalized shopping experience. Please read on
for more details about our privacy policy What information do we collect and how
do we use it? When you order, we need to know your name, email address, mailing
address, credit card number, and credit card expiration date. This allows us to
process and fulfill your order and to notify you of your order status. When you
sign up for services like Newsletters or download certain software or plug-ins
made available by us through our site, we need only an email address -- which we
use to send the information you requested. When you submit a customer review, we
also ask for your email address but we do not require it, and you can choose not
to have your email address displayed with your review. When you enter a contest
or other promotional feature, we may ask for your name, address, and email
address so we can administer the contest and notify winners.
Ultimateshoppingplace.com may also host promotions and sweepstakes that may be
sponsored and administered by outside parties. When you are entered in any
sweepstakes or contest simply by making a purchase from us, only your order
number is given to the entity administering the sweepstakes or contest. When the
winning entries are chosen, only the names and addresses of the winners are
shared with the entity administering the sweepstakes or contest, so that they
can notify the winners. When you enter a sweepstakes or contest through an email
entry, your email entry is sent to the supplier house that we use to help gather
entries for our sweepstakes and contests. When the winners have been selected,
the winners' email addresses may be shared with the entity administering the
sweepstakes, so that they can be notified that they have won. When you enter a
sweepstakes or contest through a mail-in entry, the information you provide on
your entry is sent directly to the entity administering the sweepstakes or
contest. Unless we explicitly notify you in the terms of the sweepstakes or
contest, no other information is shared by Ultimateshoppingplace.com with third
parties in connection with any sweepstakes or contest. To the extent that any
privacy information relating to a sweepstakes or contest conflicts with the
information provided here, the specific privacy information regarding the
sweepstakes or contest will be clearly stated in an area that will be accessible
to potential entrants and will govern that particular sweepstakes or contest. We
may personalize your shopping experience by using your purchases and site
behavior to shape our recommendations about the merchandise that might be of
interest to you. We also monitor customer traffic patterns and site usage to
help us develop the design and layout of the site. We may also use the
information we collect to occasionally notify you about important functionality
changes to the web site, new Ultimateshoppingplace.com services, and special
offers we think you'll find valuable. If you would rather not receive this
information, visit Your Account to change your preferences. Make sure to change
your preferences for each account or email address you have left with us. When
you send electronic greeting cards, you may be asked for your email address and
that of the recipient in order to complete your request.
Ultimateshoppingplace.com does not disclose or send promotional email to the
recipient's address that you provide. We work with certain companies who, in
conjunction with their own membership programs or rewards programs, require that
we disclose purchasing information about their customers who (i) visit the
Ultimateshoppingplace.com site through links from the partner sites, or (ii) use
the partner's credit card to make purchases on the Ultimateshoppingplace.com
site . We disclose only the information required to make the special programs
work and support your membership with them, which typically includes the name
and/or email address of the user as well as the dollar amount of purchases made.
We disclose this information to such companies under an agreement that requires
that they obtain your consent first, usually under the membership or
participation rules What about "cookies"? "Cookies" are
small pieces of information that are stored by your browser on your computer's
hard drive. Our site uses cookies to speed navigation, keep track of items, and
provide you with custom-tailored content. We also use cookies to remember
information you gave us so you don't have to reenter it each time you visit the
site. By showing us how and when shoppers use the site, cookies also help us see
which areas are popular and which are not. Many improvements and updates to the
site are based on the data derived from these cookies, such as total number of
visitors and pages viewed. Most browsers are initially set to accept cookies. If
you'd prefer, you can set yours to refuse cookies. You will still be able to
order from Ultimateshoppingplace.com and the many stores supporting our web
site. How does ultimateshoppingplace.com protect the privacy of children younger
than 13? ultimateshoppingplace.com is concerned about the privacy of young
children and does not knowingly collect any personal information from a child
under 13. We suggest that you become involved with your child's access to the
Internet and to our site to ensure that his or her privacy is well protected.
What is your policy if I link to a third-party web site? When you click on links
and/or ad banners that take you to third-party web sites, you will be subject to
the third parties' privacy policies. While we support the protection of privacy
on the Internet, ultimateshoppingplace.com cannot be responsible for the actions
of third parties. We encourage you to read the posted privacy statement whenever
interacting with any web site. Your consent By using our web site, you consent
to the collection and use of this information by Ultimateshoppingplace.com or
our affiliates. If we decide to change our privacy policy, we will post those
changes on this page so that you are always aware of what information we
collect, how we use it, and under what circumstances we disclose it. |
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