You are at least 18 years old or you are visiting SHOP.COM under the supervision of a parent or guardian. SHOP.COM grants you a limited and revocable license to use the SHOP.COM website for the purpose of shopping online with the SHOP.COM merchants. You may not copy, reproduce, distribute, display, create derivative works from, translate, modify, reverse-engineer or otherwise exploit SHOP.COM or any portion of it. You may not make any commercial use of any information provided on SHOP.COM or make any use of SHOP.COM for any commercial benefit. SHOP.COM reserves the right to refuse service, terminate accounts and/or cancel orders or portions thereof in its discretion, including, without limitation, if SHOP.COM determines that any customer conduct violates applicable law or is harmful to the interests of SHOP.COM You will not upload to, distribute or otherwise publish through SHOP.COM any information or material that (a) violates or infringes the proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan horses or other harmful code or properties. In using the SHOP.COM site you may be required to select a password and account identification. You are solely responsible for protecting the security and confidentiality of this password and identification. You will be responsible for all activities that occur under your account and password, whether or not such use is actually authorized by you.

SHOP.COM facilitates the processing of purchases made by you on SHOP.COM. Information about you such as payment information and shipping information is provided by SHOP.COM to merchants from whom you order products. You authorize SHOP.COM to process payment transactions on your behalf or to pass the payment transaction information and shipping or other information on to the merchants from whom you order products. You also authorize adjustments or reversals to be made to your payment method (credit card, debit card or other means of payment) in connection with returns, cancellations, reversals, refunds or other adjustments.

SHOP.COM welcomes users to post reviews, comments, articles, stories and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Information or content submitted may be used by SHOP.COM or its affiliates to provide other consumers with product reviews and shopping information. If you do post content or submit material, and unless we indicate otherwise, you grant SHOP.COM a nonexclusive, fee-free, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SHOP.COM the right to use the name or home town that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify SHOP.COM and its partners for all claims resulting from content you supply. SHOP.COM has the right but not the obligation to monitor and edit or remove any activity or content. SHOP.COM takes no responsibility and assumes no liability for any content posted by you or any third party.

We may communicate with you regarding the services provided by SHOP.COM by means of electronic communications, including sending electronic mail to the email address you provided during registration or posting notices o communications on SHOP.COM. You agree that we may communicate with you by means of electronic communications regarding these Terms of Use of Site, notice or disclosures regarding the site, payment authorizations, and any other matter relating to your use of the site.

All content included on SHOP.COM including text, graphics, button icons, images and software belongs exclusively to SHOP.COM, its affiliated corporate entities or its suppliers. The collection, arrangement, and assembly of all such text, graphics, button icons, images and software belongs exclusively to SHOP.COM and is protected by United States and international copyright laws.

SHOP.COM and other logos, service or trade names used on SHOP.COM are registered trademarks, trademarks or service marks of SHOP.COM, its affiliated corporate entities or its merchants. The use of any SHOP.COM trademark or service mark is prohibited without the prior written consent of SHOP.COM.

The risk of loss and title for items purchased by you pass to you upon the delivery of the items to the carrier.

In addition to any other legal or equitable remedy, SHOP.COM may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of SHOP.COM and SHOP.COM may revoke any password(s) and/or account identification issued to you and deny you access to and use of SHOP.COM. Any such action shall not affect any rights and obligations arising prior thereto.

The products offered for sale on SHOP.COM and the transactions conducted upon and through it are provided to you on an "as is" basis. SHOP.COM makes no representation of any kind, express or implied, as to the operation of SHOP.COM or the information, content or products presented on SHOP.COM. To the extent allowed by law, SHOP.COM disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, title, quiet enjoyment, data accuracy and systems integration. SHOP.COM may include inaccuracies, mistakes or typographical errors.

To the extent allowed by law, SHOP.COM will not be liable for any damages of any kind arising from your use of SHOP.COM including, but not limited to, indirect, incidental, punitive, exemplary, special or consequential damages. To the extent allowed by law, the total liability of SHOP.COM to you for any damages (regardless of reason therefore) will not exceed the total amount of money actually paid by you during the eight (8) weeks immediately before the act giving rise to the alleged responsibility of SHOP.COM.

Product information and prices are provided by merchants and/or third party sources. At SHOP.COM we do everything we can to ensure the accuracy of the product information or prices displayed, but occasionally, errors occur. Please notify SHOP.COM of any information or pricing inaccuracies so that we may immediately notify the merchants to correct the problem. We apologize for any inconvenience this may cause.

SHOP.COM may contain links to other sites that are owned and operated by other parties. SHOP.COM is not responsible for the operation of or content located on any such other site.

The remedy of SHOP.COM at law for any actual or threatened breach of these terms and conditions would be inadequate and SHOP.COM will be entitled to specific performance or injunctive relief, or both, in addition to any damages that SHOP.COM is legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of SHOP.COM shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. No waiver by SHOP.COM of its rights or remedies under these terms and conditions shall imply any obligation to grant any similar, future or other waiver.

The laws of the State of California will govern these terms and conditions without giving effect to any principles of conflicts of laws.

SHOP.COM
One Lower Ragsdale Drive
Building One, Suite 210
Monterey, CA 93940