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When you buy from Slumber Parties, Inc., either via our In-Home Parties or
the Internet, we protect your privacy. We do not sell, rent, or exchange
customer information. We share identifiable information only with those parties
entrusted with the processing of your account and the fulfillment of your order.
We've established procedures to protect your privacy, which we vigorously
uphold. Of course, this policy does not apply to information we are required to
disclose by law, or in cooperation with law enforcement agencies.
Information regarding you (such as name, address, phone number, and email
address) or your order and the products you purchase will not be given or sold
to any outside organization for its use in marketing or solicitation.
SlumberParties.com gathers navigational information about where you go on
our Web site and information about the technical efficiencies of our web site
and services (i.e. time to connect to our web site, time to download pages).
This information allows us to see which areas of SlumberParties.com are most
visited and helps us better understand our customers' experience at
SlumberParties.com. This helps us improve the quality of visitors' online
shopping experiences by recognizing and delivering more of the features,
services and products our visitors prefer. Additional non-personally
identifiable information (i.e. domain type, browser version, service provider
and IP address) may be collected which will provide information regarding your
use of our Web site (such as the time of your last visit to a page on our site).
Customer information is gathered so we can better serve you, and we make
every possible effort to ensure its security and to treat your information
responsibly. When you become a Slumber Parties, Inc. customer, we ask for your
name, address, e-mail address, and phone number. We also ask for your credit
card number and its expiration date, should you select that method for payment.
Once we have your credit card information, we will not ask for it again unless a
change is required, or you request shipping to another address. Your order
history information is maintained in order to service your account.
SlumberParties.com believes in providing a safe and secure shopping
experience for all of our clients. We provide stringent and effective security
measures on our Web site. It is our policy to never send your credit card number
via e-mail. In fact, this is a practice we recommend you adopt in all of your
Internet activities.
We designed SlumberParties.com to accept orders only from Web browsers
that permit communication through Secure Socket Layer (SSL) technology; for
example, 3.0 versions or higher of Netscape Navigator, versions 3.02 or higher
of Internet Explorer and versions 1.0 or higher of Mozilla Firefox. This means
you'll be unable to inadvertently place an order through an unsecured
connection.
If you have any questions regarding Slumber Parties Privacy Statement, you
can e-mail us through admin@slumberparties.com. Please be sure to include your
e-mail address so we can respond to your questions. If you prefer, call
1-800-240-2546, and a Customer Service Representative will take your call. Or,
you can write to us at: Slumber Parties, Inc. Customer Service, 4224 Evan Brooks
Dr., Baton Rouge LA 70814. Slumber Parties reserves the right to modify, change
or replace this policy at its discretion.
1. General.
These General Terms and Conditions of Use ("Terms") are entered into by
and between you and Slumber Parties, Inc., a Louisiana corporation ("Slumber
Parties"). In consideration of your use of and access to this Internet site (the
"SlumberParties.com Site"), and the promises and obligations herein, and
intending to be legally bound, you and Slumber Parties hereby agree as follows:
Your access to and use of the SlumberParties.com Site is subject to these Terms,
as well as any modifications issued by Slumber Parties to these Terms, and all
applicable laws and regulations. BY USING THE SLUMBERPARTIES.COM SITE, YOU AGREE
TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound
by these Terms, do not use the SlumberParties.com Site. Among other things, the
SlumberParties.com Site provides information concerning various products and
services and the opportunity to obtain additional information concerning those
products and services or to purchase them. These Terms and the information
provided in the SlumberParties.com Site in no way override the terms and
conditions of your purchase of any product or service except as specifically
provided herein. To the extent any area within the SlumberParties.com Site
contains specific terms and conditions concerning its use ("Specific Terms"),
those Specific Terms are in addition to these Terms. To the extent there is a
direct conflict between these Terms and the Specific Terms, the Specific Terms
shall prevail.
2. Changes in Terms.
SLUMBER PARTIES shall have right at any time and without prior notice, at
its sole discretion, to revise these Terms or to impose new terms and conditions
with respect to access to or use of the SlumberParties.com Site. Such revisions
and additions shall be effective immediately upon notice thereof, which may be
given by any means, including but not limited to posting the revised or
additional terms and conditions on the SlumberParties.com Site. You are
responsible for reviewing the SlumberParties.com Site periodically for any
modification to this Agreement that may affect your rights or obligations
hereunder. You agree that you shall be deemed to be apprised of and bound by any
modification by Slumber Parties to these Terms. ANY ACCESS OR USE OF THE
SLUMBERPARTIES.COM SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE
TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR
ADDITIONS. No modification to these Terms by any party other than Slumber
Parties shall be valid or enforceable against Slumber Parties unless expressly
agreed to by Slumber Parties in a writing signed by a duly authorized officer of
Slumber Parties.
3. Termination.
These Terms are effective until terminated by Slumber Parties. Slumber
Parties may terminate these Terms without notice and at any time. In the event
of termination, you are no longer authorized to access the SlumberParties.com
Site, and the restrictions imposed on you with respect to the Content, and the
disclaimers, indemnities, and limitations of liabilities set forth in these
Terms shall survive termination. Slumber Parties shall also have the right
without notice and at any time to terminate the SlumberParties.com Site or any
portion thereof, or any products or services offered through the
SlumberParties.com Site, or to terminate any individual's right to access or use
the SlumberParties.com Site or any portion thereof.
4. Compliance with Laws.
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of the SlumberParties.com Site and your purchase
of the items on the SlumberParties.com Site. You must be at least 18 years old
to use the SlumberParties.com Site.
5. Content.
The text, images, photographs, graphics, logos, illustrations,
descriptions, data, and other material provided on the SlumberParties.com Site,
as well as the selection, assembly and arrangement thereof, are referred to
collectively as the "Content." The Content may contain errors, omissions, or
typographical errors or may be out of date. Slumber Parties may change, delete,
or update any Content at any time and without prior notice. The Content is
provided for informational purposes only and is not binding on Slumber Parties
in any way except to the extent it is specifically indicated to be so. Unless
otherwise noted, all Content is protected by copyrights, trademarks, service
marks, and other proprietary rights that are owned by Slumber Parties or by
third parties that have licensed their use to Slumber Parties. You may view and
use the Content only for your personal information and for shopping and ordering
on the SlumberParties.com Site, and for no other purpose, and you shall retain
intact all copyright and other proprietary notices. Except as provided in the
foregoing, Slumber Parties does not grant to you or any person any right to use,
reproduce, copy, modify, transmit, display, publish, sell, license, create
derivative works, publicly perform, or distribute by any means, method, or
process whatsoever, now known or hereafter developed, any of the Content on or
transmitted through the SlumberParties.com Site, including without limitation by
transferring, downloading or otherwise copying any Content onto any disk drive
or other storage medium. Any use of the Content, except as specifically
permitted in these Terms or as otherwise expressly permitted in the Content or
in a writing signed by Slumber Parties, is strictly prohibited.
6. Linked Third Party Sites.
Links to other Internet sites operated by third parties, including Slumber
Parties vendors, do not constitute sponsorship, endorsement, or approval by
Slumber Parties of the content, policies, or practices of such linked sites.
Linked sites are not operated, controlled, or maintained by Slumber Parties, and
Slumber Parties is not responsible for the availability, content, security,
policies, or practices of linked sites, including without limitation privacy
policies and practices. Links to other sites are provided for your convenience
only, and you access them at your own risk.
7. Prices; Orders.
All prices displayed on the SlumberParties.com Site are quoted in U.S.
dollars. Slumber Parties may restrict delivery to addresses within the United
States and Canada. Slumber Parties will add shipping and handling fees and
applicable sales/use tax. Slumber Parties reserves the right without prior
notice to discontinue or change specifications and prices on products and
services offered on the SlumberParties.com without incurring any obligation to
you. Products displayed on this site are available while supplies last.
Descriptions of, or references to, products or services on the
SlumberParties.com Site do not imply endorsement of that product or service, or
constitute a warranty, by Slumber Parties. The receipt by you of an order
confirmation does not constitute Slumber Parties acceptance of an order. Prior
to Slumber Parties acceptance of an order, verification of information may be
required. Slumber Parties reserve the right at any time after receipt of your
order to accept or decline your order, or any portion thereof, even after your
receipt of an order confirmation from Slumber Parties, for any reason. Slumber
Parties reserve the right to limit the order quantity on any item and to refuse
service to any customer without prior notification. In the event that a product
or service is listed at an incorrect price due to supplier pricing information
or typographical error, Slumber Parties shall have the right to refuse or cancel
orders placed for the product listed at the incorrect price, regardless of
whether the order has been confirmed and your credit card charged. If your
credit card has already been charged for the purchase and your order is
canceled, Slumber Parties shall promptly issue a credit to your credit card
account in the amount of the incorrect price.
8. Disclaimer and Limitation of Liability as to the SlumberParties.com Site and Content.
Slumber parties makes no warranties or representations whatsoever with
respect to the slumberparties.com site or any linked site or its content,
including the availability of any site or the content, information and materials
on it or the accuracy, completeness, or timeliness of that content, information
and materials. Slumber parties also does not warrant or represent that your
access to or use of the slumberparties.com site or any linked site will be
uninterrupted or free of errors or omissions, that defects will be corrected, or
that the slumberparties.com site or any linked site is free of computer viruses
or other harmful components. Without limiting the foregoing, all content
provided on the slumberparties.com site is provided to users "as is," with no
warranty of any kind, either express or implied, including but not limited to
implied warranties of merchantability and fitness for a particular purpose,
title, non-infringement, security or accuracy. The "as is" condition of content
is expressly made a condition of any transaction arising through or as a result
of the slumberparties.com site. Please note that some jurisdictions may not
allow the exclusion of implied warranties, so some of the above exclusions may
not apply to you. Check your local laws for any restrictions or limitations
regarding the exclusion of implied warranties. Under no circumstances shall
slumber parties, its suppliers or their respective directors, officers,
employees or agents be liable to you or to any third party for any direct,
indirect, consequential, incidental, special, or punitive damages, whether in
contract or in tort, including negligence, arising in any way out of access to
or use of or inability to access or use the slumberparties.com site or any
linked site or its contents, including but not limited to lost profits, business
interruption, or loss of programs or other data on computer systems or
otherwise, even if slumber parties is expressly advised of the possibility of
such damages.
9. Disclaimer and Limitation of Liability as to Products and Services.
Due to the personal nature of all products, returns cannot be accepted.
Accordingly, Slumber Parties makes no representation or warranty with respect to
any product or service sold. Except as expressly stated herein, slumber parties
expressly disclaims all warranties, express or implied, of any kind with respect
to products and services sold on the slumberparties.com site, including but not
limited to implied warranties of merchantability and fitness for a particular
purpose. Under no circumstances shall slumber parties, its suppliers or their
respective directors, officers, employees or agents be liable to you or to any
third party for any indirect, consequential, incidental, special, or punitive
damages, including but not limited to lost profits and business interruption,
whether in contract or in tort, including negligence, arising in any way from
any product or service sold or provided on the slumberparties.com site, even if
slumber parties is expressly advised of the possibility of such damages. In no
event shall slumber parties' liability exceed the price you paid for the product
or service that is the subject of the claim.
10. Indemnification.
You agree to defend, indemnify, and hold harmless Slumber Parties, Slumber
Parties vendors, and their affiliates and related entities and their respective
directors, officers, employees, and agents from and against all claims, losses,
damages, liabilities, and costs (including but not limited to reasonable
attorneys' fees and court costs), arising out of or relating to your breach of
these Terms or your access to or use of the SlumberParties.com Site. The
foregoing indemnification obligation shall survive termination of these Terms
and the SlumberParties.com Site and any product or service provided to you
arising out of or relating to your use of the SlumberParties.com Site.
11. Submissions.
Except as otherwise expressly provided herein or in the SLUMBER PARTIES
PRIVACY STATEMENT posted on the SlumberParties.com Site, any communication or
material you transmit to the SlumberParties.com Site by electronic mail or
otherwise, including any questions, comments, suggestions, or the like, is and
will be treated as non-confidential and non-proprietary and may be used by
Slumber Parties, Slumber Parties vendors, or their affiliates or related
entities for any purpose, including but not limited to reproduction, disclosure,
transmission, publication, broadcast, and posting. Furthermore, Slumber Parties,
Slumber Parties vendors, and their affiliates and related entities are free to
use any ideas, concepts, know-how, or techniques contained in any communication
you send to the SlumberParties.com Site for any purpose whatsoever, including,
but not limited to, developing, manufacturing, and marketing products or
services using information contained in such communication.
12. Miscellaneous.
These Terms constitute the entire agreement of the parties with respect to
the subject matter hereof, and supersede all previous written or oral agreements
between the parties with respect to such subject matter. No waiver by Slumber
Parties of any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. If any provision of these Terms shall
be unlawful, void, or for any reason unenforceable, then that provision shall be
deemed severable from the Terms and shall not affect the validity and
enforceability of any other provisions of the Terms. The headings and captions
in these Terms are intended for convenience only and shall in no way affect the
interpretation of the Terms. Slumber Parties shall not be liable for any
nonperformance or delay in performance caused by any act beyond its reasonable
control, including but not limited to acts or omissions of third parties,
unavailability of supplies, equipment failure, war, strikes, lock-outs, fire,
flood, or any other Act of God, any law, regulation, ordinance, or other act or
order of any court, government, or governmental agency, or delays,
unavailability, errors, or other failures of the Internet or other data
networks. Access to or use of the SlumberParties.com Site shall not be construed
as Slumber Parties purposeful availment of the privilege or benefits of doing
business in any state or legal jurisdiction other than the State of Louisiana.
This Agreement shall be governed by and construed in accordance with the laws of
the State of Louisiana, without regard to conflicts of law provisions.
Additionally, any claims brought against Slumber Parties shall be governed by
and construed in accordance with the laws of the State of Louisiana.
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