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Terms of Use

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| Acceptance of Terms |
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Welcome to the
A Woman's Touch Web Site (the "Site"). The
following basic terms and conditions govern your use of and purchase
of products from our Site. Please note that your use of our Site constitutes
your agreement to follow and be bound by these terms. If you do not
agree to this Website Agreement and Terms of Use (this "Agreement"),
please exit the Site immediately and do not use or purchase products
from our Site.
A Woman's Touch reserves the right to change this Agreement or terminate
access to this Site at any time, with or without notice. In the event
of a change, your use of our Site constitutes acceptance of the most
current version of this Agreement.
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| Access
to Site |
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This Site is intended
for use by mature adults only. This Site may not be accessed by anyone
under 21 years of age (or 18 years of age
where the law allows people 18 years or older to access adult content).
Additionally, this Site may not be accessed by persons from countries,
states, counties, municipalities or other geographic governing body
where it is illegal to view, purchase, possess or transfer adult content.
This Site may contain content that is offensive to some individuals.
Those individuals should not visit this site.
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| Health
Related Content |
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The information contained on this Site is not intended to provide
sexual or physical health therapy or counseling. Information contained
on this site should not be relied upon to diagnose or treat sexual,
physical, mental or any other ailments. Individuals should seek the
advice of qualified medical practitioners for advice and treatment
of such ailments.
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| Ownership, Copyright, and Trademark Matters |
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This Site is owned and operated by A Woman's Touch. Unless stated
otherwise, all of the content contained on the Site (including, but
not limited to, text, images, descriptions and designs) is the intellectual
property of A Woman's Touch and is intended only for use on our Site.
Accordingly, A Woman's Touch owns the copyright to all information
or materials provided here unless stated otherwise. No material from
this Site may be copied, reproduced, republished, uploaded, posted,
transmitted, or distributed in any manner or form except as explicitly
provided below. Modification of the materials or use of the materials
for any purpose other than those purposes explicitly permitted below
is a violation of A Woman's Touch's copyright and/or other proprietary
rights. The use of any materials from this Site on any other website
or networked computer environment is prohibited.
The trademarks
and service marks ("Trademarks") used or
displayed on this Site are registered and unregistered Trademarks of
A Woman's Touch, unless otherwise noted. Nothing in this Site should
be construed as granting -- by implication, estoppel, or otherwise
-- any license or right to use any Trademarks displayed on the site
without the prior express written permission of A Woman's Touch. The
name "A Woman's Touch" or "A Woman's Touch" or
A Woman's Touch's logos may not be used in any way without A Woman's
Touch's prior written consent. You may not use A Woman's Touch's logos
as a "hot" link to any other site unless the establishment
of such a link is approved by A Woman's Touch in advance and in writing.
Users of this Site are permitted to download one copy of the information
in this Site for personal, noncommercial use. This limited, revocable
privilege to use the content in no way constitutes a transfer of title
or right to use the content in any improper way or for any commercial
purpose whatsoever. You may not, under any circumstances, (a) modify
the information on this Site or use it for any commercial purpose,
or any public display, performance, sale or rental; (b) decompile,
reverse engineer, or disassemble the information; (c) remove any copyright,
trademark registration, or other proprietary notices from the information;
or (d) transfer the information to another person.
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| Content |
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Any materials submitted by users of our Site, including but not limited
to e-mail, product reviews, postcards, discussion submissions, and
traditional mail become the sole property of A Woman's Touch. Users
are prohibited from submitting content to this Site that is, or may
be, illegal, threatening, obscene, harassing, defamatory or injurious
to third parties. A Woman's Touch will not tolerate solicitations,
spamming, chain letters or software viruses on the Site. In addition,
we ask that you not send us creative ideas, inventions, or similar
materials. Any materials you do provide or submit to A Woman's Touch
will be the property of A Woman's Touch, and A Woman's Touch reserves
the right to use or reject all or any parts of such material submitted.
Content submitted by users of the site might be posted in whole or
in part to the A Woman's Touch site. A Woman's Touch reserves the right
to edit materials presented by users, but A Woman's Touch does not
necessarily monitor or refuse to publish material that may be deemed
objectionable or offensive by certain individuals or entities.
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| Product
Detail |
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Description- As possible, products are described as accurately and
appropriately in order to ensure that customers understand the products
they are ordering.
Color- Colors are represented as realistically as possible, but color
variations of product images or color swatches are outside of the control
of A Woman's Touch because software, hardware and Internet connections
can alter the appearance of colors. If you are unsatisfied with a product
your sole remedy will be to return the product to A Woman's Touch.
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| Prices |
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The prices on the site will not necessarily match prices in A Woman's
Touch's catalogs or retail outlets. The prices on the site are valid
only on the site and may not be matched over the phone or in retail
outlets. That means if the site has a promotion, that promotion can
only be received on the site and will not be honored over the phone.
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| Risk
of Loss |
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All items purchased from A Woman's Touch are made pursuant to a shipment
contract. This means that the risk of loss and title for such items
pass to you upon our delivery to a common carrier.
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| Disclaimer
and Limitation of Liability |
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THE MATERIALS AND
INFORMATION YOU FIND ON THIS SITE ARE PROVIDED "AS
IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES,
OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY
IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer applies to any damages or injury caused by any failure
or performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, act of God, communication
line failure, theft or destruction or unauthorized access to, alteration
of, or use of any recorded customer information.
You specifically acknowledge that A Woman's Touch is not liable for
your defamatory, offensive, infringing or illegal reference to, or
posting on, the site. A Woman's Touch reserves the right remove such
materials from this Site without liability.
Under no circumstances, including, but not limited to, negligence,
shall A Woman's Touch 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 A Woman's Touch or a A Woman's Touch authorized
representative has been advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above limitation or
exclusion may not apply to you. In no event shall A Woman's Touch's
total liability to you for all damages, losses, and causes of action
(whether in contract, tort, or otherwise) exceed the amount paid by
you, if any, for accessing this Site.
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| Applicable
Law; Contract Interpretation |
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A Woman's Touch's principal place of business is in Wisconsin, and
A Woman's Touch operates this Site from its offices in Wisconsin. The
laws of the State of Wisconsin apply to this Agreement, without regard
to conflicts of laws principles. If any provision of this Agreement
is ruled to be unlawful, void, or otherwise unenforceable, then that
provision shall be deemed severable from this Agreement and shall not
affect the validity and enforceability of any remaining provisions.
This is the entire Agreement between you and A Woman's Touch relating
to the subject of this Site.
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| Indemnity |
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You agree to defend, indemnify, and hold harmless A Woman's Touch,
its officers, directors, employees, and agents from and against any
claims, actions, or demands, including without limitation reasonable
legal and accounting fees, arising from your use of this Site or your
breach of the terms of this Agreement. A Woman's Touch shall provide
notice to you promptly of any such claim, suit, or proceeding and shall
assist you, at your expense, in defending any such claim, suit or proceeding.
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| Dispute
Resolution |
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Any dispute arising with respect to this Agreement shall be resolved
by negotiation between the parties or, if necessary, by resort to an
appropriate federal or state court located in Madison, Wisconsin. You
expressly waive and are estopped from asserting any right to pursue
any claim against A Woman's Touch relating to this Agreement in any
forum or venue located outside of Madison, Wisconsin, in the event
of the filing of any such claim, you stipulate to the transfer of such
action to any appropriate or available forum or court in Madison, Wisconsin,
at A Woman's Touch's sole discretion.
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| Other
Sites |
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The Site may provide links to other sites (i.e. advertisers, affiliate
partners, strategic partners or others). We are not responsible for
examining or evaluating, and we do not warrant the products or offerings
of, any of these businesses or individuals or the accuracy or content
of their Web sites. A Woman's Touch does not assume any responsibility
or liability for the actions, product, and content of any such sites.
Before you use any site you should review its applicable conditions
of use and policies. The inclusion of a link in this Site does not
imply A Woman's Touch's endorsement of the site. If you decide to access
linked third-party websites, you do so at your own risk.
A Woman's Touch obtains item photographs, nutritional information
and ingredients from manufacturers. This sometimes includes taking
the information directly from the items themselves, or from the label
or packaging of the items. We neither investigate to determine if the
information is accurate nor can we provide assurance that all data
entry was done without error. If manufacturers change ingredients or
nutritional information or other specifications, we cannot assure you
that we will update the information on this Site. Accordingly, the
information displayed on the Site is not guaranteed to be 100% accurate
and the actual item should be considered the authoritative source of
all information with respect to the item.
The products and the claims made about specific products on or through
this Site have not been evaluated by A Woman's Touch or the United
States Food and Drug Administration and are not approved to diagnose,
treat, cure or prevent disease. The information on this site is for
informational purposes only and is not intended as a substitute for
advice from your physician or other healthcare professional, in addition
to any warnings or other information contained on or in any product
label or packaging. You should not use the information on this site
for diagnosis or treatment of any health problem or for prescription
of any medication or other treatment. You should always speak with
your physician or other healthcare professional before taking any medication
or nutritional, herbal or homeopathic supplement, before starting any
diet or exercise program or before adopting any treatment for a health
problem, or a suspected health problem of any kind.
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