1. Using this Web Site Means You Agree to These Terms.
Welcome to ShowBizExpendables.com. Please read these Terms of Use. By using this Web Site you accept these Terms of Use. These are an agreement between you and us, which governs your use of our Web Site.
2. Explanation
These Terms of Use restrict your rights and remedies and provide protection to ShowBizExpendables.com. These also include warranty disclaimers and disclaimers of liability that are in all capital letters. If you don't agree or don’t want to accept these Terms of Use, you can elect not to access this Web Site and not to buy from ShowBizExpendables.com. If anything is in these Terms of Use, including the warranty and liability disclaimers, that you disagree with or are not willing to be bound by, or if something is missing from these Terms of Use that you consider essential, then regretfully, you must not use this Web Site.
3. Access and Use of Site
ShowBizExpendables.com lets you visit this Web Site for your own use. You must not download or attempt to modify anything in this Web Site and not interrupt or attempt to interrupt the operation of the Web Site. You must not use this Web Site for any unlawful purpose. You must not reproduce, duplicate, copy, sell, resell, display, or otherwise use all or any portion of this Web Site for any commercial purpose. You must not link this Web Site to any other site without our prior written consent.
4. Your Account
You are responsible to maintain the confidentiality of your account and password and to restrict access to your computer, and you accept responsibility for all activities that occur under your account or password.
5. Discretion to Provide or Cancel Service
ShowBizExpendables.com reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
6. Product Descriptions
ShowBizExpendables.com attempts to be accurate in product descriptions. However, we do not warrant that product descriptions or other content of this Web Site is accurate, complete, reliable, current, or error-free. If a product offered is not as described, your sole remedy is to return it to us in the same condition as you received it from us.
7. Other Businesses
We may provide links to sites of other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of any of those businesses or the content of their web sites. We do not assume responsibility or liability for the actions, product, and content of any third parties. You should carefully review their privacy statements and their terms of use.
8. Risk of Loss
All items purchased from ShowBizExpendables.com are sent to you pursuant to a shipment contract. This means the risk of loss and title for items passes to you on our delivery to the carrier.
9. WARRANTY AND DISCLAIMERS
THIS WEB SITE AND ITS CONTENTS AND ALL PRODUCTS OFFERED OR SOLD THROUGH THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ANY ASPECT OF THIS WEB SITE OR THE PRODUCT, OR THEIR CONTENTS, ACCURACY, COMPLETENESS, RELIABILITY, FUNCTIONALITY OR USEFULNESS FOR ANY GENERAL OR SPECIFIC PURPOSE.
THIS WEB SITE MAY CONTAIN INACCURACIES, TYPOGRAPHIC AND OTHER ERRORS. WE DISCLAIM ANY REPRESENTATION OR WARRANTY THAT SERVERS USED OR EMAIL SENT FROM SHOWBIZEXPENDABLES.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE WEB SITE OR ANY PRODUCT WILL MEET YOUR REQUIREMENTS OR WILL OPERATE OR FUNCTION WITHOUT INTERRUPTION OR BE ERROR FREE OR FREE OF DEFECTS.
AS STATED ABOVE WE DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES. WE DISCLAIM ANY REPRESENTATION OR WARRANTY REGARDING QUALITY OF SERVICES OR PRODUCTS OBTAINED FROM OR IDENTIFIED ON THIS WEB SITE, AND ANY OTHER ASPECT OF SERVICES OR PRODUCTS AVAILABLE THROUGH OUR WEB SITE.
10. LIABILITY DISCLAIMERS
NEITHER SHOWBIZEXPENDABLES.COM NOR ANY OF OUR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES, NOR OUR ADVERTISERS, SUPPLIERS, INDEPENDENT CONTRACTORS OR AFFILIATES, WILL BE LIABLE FOR INJURY, LOSS OR DAMAGES OF ANY KIND ARISING FROM USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING DIRECTLY OR INDIRECTLY FROM OR IN CONNECTION WITH OR RELATED TO THE USE OF THIS WEB SITE OR BY ANY NEGLIGENT ACTS OR OMISSIONS.
11. BROAD DISCLAIMER AND LIMITATION
THE PRIOR SECTION (SECTION 10) IS A BROAD, COMPREHENSIVE DISCLAIMER AND LIMITATION OF LIABILITY THAT APPLIES TO ALL INJURIES, LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BY WAY OF EXAMPLE, COMPENSATORY, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, INTERRUPTION TO BUSINESS OR HOUSEHOLD OR CLAIMS OF THIRD PARTIES. THIS PROVISION IS FOR THE BENEFIT NOT ONLY OF SHOWBIZEXPENDABLES.COM BUT ALSO OF EACH OF THE OTHER CATEGORIES OF PERSONS MENTIONED, AND EACH OF THEM HAS THE RIGHT TO ENFORCE THIS PROVISION.
12. Privacy and Personal Information
We have a separate privacy policy. You can access our privacy policy by clicking here. Any personally identifiable information you may provide via this Web Site is covered by the Privacy Policy.
13. You May Receive Mail and E-Mail
By using the Web Site you consent to receive e?mail from us or from others. We do not assure that you will never receive unwanted e?mail or U.S. mail from us or our suppliers. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
14. Indemnification
By using the Web Site you agree to indemnify, defend, and hold harmless ShowBizExpendables.com and its shareholders, directors, officers, employees, advertisers, suppliers, independent contractors, subsidiaries and affiliates from and against any and all liability and costs (including attorneys' fees and costs) incurred by any or all of them relating to any claim arising out of your breach of these Terms of Use. This provision is to benefit not only ShowBizExpendables.com but also each of the indemnified persons, and each of them has the right to enforce this provision. You agree to cooperate in the defense of any claims.
15. Copyright
The contents of this Web Site are the property solely of ShowBizExpendables.com or our content suppliers and are protected by copyright laws. This includes all Web Site designs, text, graphics, interfaces, selection and arrangements, and all software. We reserve all rights under copyright laws and all other laws. We prohibit any other use of materials on this Web Site, such as copying for any other purpose, modification, distribution, public performance or republication, without our prior written consent.
16. Trademarks
ShowBizExpendables.com, ShowBiz, ShowBiz.com, ShowBiz Enterprises, and all titles, names, graphics and icons are service marks, trademarks, or trade dress of ShowBizExpendables.com. Our trademarks may not be used with any product or service not offered by ShowBizExpendables.com or in any manner that may confuse customers, vendors, or others, or that may falsely harm our reputation. Other trademarks, product names, company names or logos in or produced as a result of a search in this Web Site are property of their respective owners.
17. Understanding and Interpreting These Terms of Use
The headings in these Terms of Use are just for convenience to make these easier to use. Headings aren't allowed to be used to interpret these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
18. International Users
This Web Site is controlled, operated and administered by ShowBizExpendables.com from offices within the United States of America. We make no representation that materials at this site are appropriate or available for use outside the United States and access to them from territories where viewing this Web Site or purchasing items from this Web Site is illegal is prohibited. You must not use the Web Site or export any products purchased through this Web Site in violation of U. S. export laws and regulations.
19. Disputes
ShowBizExpendables.com is located and operates in Van Nuys, California. You access this service by visiting our Web Site in California, and our information is on a server located in California. By visiting ShowBizExpendables.com, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that may arise between you and ShowBizExpendables.com. If we ever have a dispute about any matter, you agree that jurisdiction to bring the dispute will be exclusively in the State Courts of California located in Los Angeles County, or the federal courts located in the Central District of California.
20. Time Limit to Make a Claim
The time limit for any claim you wish to make against us is the shorter of whatever time limit the law by itself would allow, or until one year after the claim arises, and if not brought within the shorter of these times, the claim is barred.
21. Who This Agreement Benefits and Binds
These Terms of Use benefit and bind you and us, and also benefits the people described in the Limitations of Liability and Warranty Disclaimers paragraphs (the paragraphs in all capital letters) and the indemnification paragraph. It is not intended to benefit or bind anyone else.
22. Non-Waiver
Our failure to insist on strict performance of any provision of these Terms of Use does not mean we waive that provision in the future.
23. Yours and Our Entire Agreement
These Terms of Use are our entire agreement about your use of the Web Site.
24. We Can Change These Terms
We may change these Terms of Use, at any time, without notice. Any change is effective when we post the change on this Web Site. Your use of the Web Site after any change means you accept the changes. If you don't agree or are dissatisfied with a change we make, your only right is to stop using the Web Site. We encourage you to check these Terms of Use frequently to remind yourself of their contents and to be aware of any changes.
25. Severability
If any of these provisions is found to be invalid, void, or for any reason unenforceable, that condition will be deemed to be severed and will not affect the validity and enforceability of any remaining provisions.
26. Contacting Us
ShowBizExpendables.com is a division of ShowBiz Enterprises, Inc. This Web Site and the related functions, facilities and services are operated and maintained by ShowBiz Enterprises, Inc., a California corporation, at the URL:
http://www.showbizexpendables.com
Our headquarters address is: ShowBiz Enterprises, Inc., 15541 Lanark Street, Van Nuys, California 91406. Our telephone number is 818-989-7007. We welcome your questions and comments. You may send these to us by U.S. Mail to this address. Any formal notice must be sent to us at this address by certified mail, return receipt requested.
27. Additional Information Required by Law
For our customers in California we provide the following additional information pursuant to California Civil Code Section 1789.3. To resolve a complaint about our service or to receive further information about our service, you may mail us at our corporate headquarters address stated in Section 26. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814. Their telephone number is 916-445-1254.
© 2008 ShowBizExpendables.com
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