TERMS AND CONDITIONS
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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE. FOR CHILDREN VISITING THIS WEB PAGE, ASK YOUR PARENTS TO GO OVER THIS WITH YOU. By using http://www.lisafrank.com (“Web Site”), you signify your assent to these Terms and Conditions. If you do not agree to these Terms and Conditions please do not use this web site. Lisa Frank, Inc. (“LFI”) reserves the right, at its sole discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of http://www.lisafrank.com (“Web Site”) following the posting of changes to these terms will mean you accept those changes.
1. USE OF WEB SITE. The design of this Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. This site is owned, operated, licensed and controlled by LFI. No material from this site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express written consent of LFI. You may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright, trademark and other proprietary rights of LFI.
In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by LFI. LFI does not transfer title to the Software to you. You own the medium on which the Software is recorded, but LFI retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to any other form.
Prior written consent to use any of LFI’s material may be obtained by forwarding a written request to: Lisa Frank, Inc., ATTN: Legal Department, 6760 South Lisa Frank Avenue, Tucson, Arizona, 85706.
2. 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.
4. HYPERLINKS. Reference on the Web Site to any products, services, processes, hypertext links, or other information, by trade name, trademark, manufacturer, retailer, supplier, or otherwise, does not necessarily constitute or imply endorsement, sponsorship, or recommendation by LFI.
5. CHOICE OF LAW; JURISDICTION. These terms and this site shall be governed by and construed in accordance with the laws of the State of Arizona, without giving effect to any principals of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Pima County, State of Arizona, United States of America, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
6. TERMINATION. These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under these Terms and Conditions or otherwise. These terms will terminate immediately without notice from LFI if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof, whenever made under these Terms and Conditions or otherwise.
7. DISCLAIMER. The information published on the Web Site is provided without charge as a convenience to visitors, to be used for informational purposes only. While LFI has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANATIES OF ANY KIND EITHER EXPRESS OR IMPLED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LFI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LFI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LFI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULT OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTIONS, ACCURACY, RELAIBILITY, OR OTHERWISE. YOU (AND NOT LFI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
8. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL LFI BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF LFI OR AN LFI AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBLILTY OF SUCH DAMAGES. IN NO EVENT SHALL TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
9. SEVERABILITY. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
10. MERGER. This is the entire agreement relating to the subject matter herein.
Lisa Frank, Inc.
ATTN: Customer Service
6760 S. Lisa Frank Ave.
Tucson, AZ 85706
Last updated August 20, 2007.