SALT LAMPS PARADISE TERMS AND CONDITIONS
Last Updated: July 10, 2011
These Terms and Conditions are subject to change at any time, effective upon posting on the Site. Your use of the Site after such posting will constitute your acceptance of and agreement to such changes. Therefore, you should frequently review these Terms and Conditions to see if they have been changed.
By accessing or using this Site or the products and services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
Account, Password and Security
While some parts of our website can be used without submitting any personally identifiable information, some areas may require you to provide information that enables us to identify who you are, (for instance, if you receive damages goods, request a refund or have any questions we may ask for your name, address, telephone number, email address). We may refuse to grant to you and you may not use, a user name (or e-mail address): that is already being used or belongs to someone else; that may be construed as impersonating another person; or that we reject for any other reason in our sole discretion.
You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or Salt Lamps Paradise for accessing the Site. You are solely and fully responsible for all activities that occur under your password or account. Salt Lamps Paradise has no control over the use of any account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact Salt Lamps Paradise immediately.
We use Yahoo’s payment processing services bill you for goods and services. We will share your Personal Information as necessary for Yahoo to provide these services. Please see Yahoo’s privacy policies for more about their security and privacy practices.
Salt Lamps Paradise attempts to be as accurate as possible. However, Salt Lamps Paradise does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Salt Lamps Paradise itself is not as described, your sole remedy is to return it in unused condition.
If your order was damaged during shipment please take a photo of the damaged product and contact us immediately at firstname.lastname@example.org. A damage claim must be filed with the shipper, who in turn may or may not wish to see the damaged shipment to verify responsibility. Once the claim is approved we will replace the damaged product. If you prefer a refund, rather than replacement of the product, the product will need to be shipped back to us. Please email us at email@example.com for information on where to ship the product and get your money refunded. There are no shipping charges or restocking fees for the return of damages product.
Refund, Exchanges And Credit
If you want to return a product for a refund, exchange or credit, you may contact us via email at firstname.lastname@example.org within 30 days of purchase. When shipping back to us, please package the item(s) well to prevent damage and delay resolution. Customers are responsible for return shipping charges and all returns are subject to a 20% restocking fee. Include a copy of your invoice along with your name, email address, reason for return and order number.
Shipping And Handling
All in-stock items ship within one or two days through UPS unless otherwise indicated. Orders received on Holidays and Weekends will ship the following business day. On average it takes 2-6 business days for shipping. Tracking numbers will be supplied for all orders upon shipment.
Modifications To The Service
Salt Lamps Paradise reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Site or any content or information on the Site with or without notice. Salt Lamps Paradise will not be liable to any party for any modification or discontinuance of the Site.
Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that users see or read on the Site is owned by Salt Lamps Paradise or are used by permission. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Salt Lamps Paradise owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Site without Salt Lamps Paradise's express prior written consent. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Salt Lamps Paradise and/or the relevant right holder.
The service marks and trademarks of Salt Lamps Paradise, including without limitation Salt Lamps Paradise and Salt Lamps Paradise logo are service marks owned by Salt Lamps Paradise. Any other trademarks, service marks, logos and/or trade names appearing on the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
DMCA Copyright Infringement Information
In accordance with the Digital Millennium Copyright Act, if you believe that your intellectual property rights have been violated, please provide our Copyright Agent (identified below) the following information:
Our agent for notice of claims of copyright infringement can be reached as follows:
By email: email@example.com
The information on this Site is not a substitute for professional health care, nor is it in any way to constitute medical advice and should not be relied upon for medical diagnosis or treatment. You should never disregard medical advice or delay in seeking it because of something you have read on these sites. For personal medical guidance, please consult your physician.
In the event of an emergency, seek immediate medical attention from your physician.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY SALT LAMPS PARADISE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. SALT LAMPS PARADISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SALT LAMPS PARADISE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SALT LAMPS PARADISE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM SALT LAMPS PARADISE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SALT LAMPS PARADISE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SALT LAMPS PARADISE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (IX) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT SALT LAMPS PARADISE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL SALT LAMPS PARADISE’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCT THAT IS THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS OF SERVICE OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SALT LAMPS PARADISE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, ATTORNEYS, INDEPENDENT CONTRACTORS, PROVIDERS, SUBSIDIARIES, AND AFFILIATES FROM AND AGAINST ANY AND ALL CLAIM, LOSS, EXPENSE OR DEMAND OF LIABILITY, INCLUDING ATTORNEYS' FEES AND COSTS INCURRED, IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICE. SALT LAMPS PARADISE RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO YOUR INDEMNIFICATION. YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM OR MATTER WITHOUT THE WRITTEN CONSENT OF SALT LAMPS PARADISE.
This Terms and Conditions constitute the entire agreement between you and Salt Lamps Paradise with respect to its subject matter. If any provision of this Terms and Conditions is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Terms and Conditions will inure to the benefit of Salt Lamps Paradise, its successors and assigns.
Dispute Resolution; Governing Law; Jurisdiction; Venue; Waiver of Trial by Jury
To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms and Conditions ("Dispute"), you and Salt Lamps Paradise agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to Salt Lamps Paradise. Notices should be submitted to firstname.lastname@example.org.
These Terms and Conditions shall be governed by and construed in accordance with the federal law of the United States and the state law of New York, whichever is applicable, without regard to conflict of laws principles. You agree that any action relating to or arising out of these Terms and Conditions shall be brought in the state or federal courts of Brooklyn, New York, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Brooklyn, NY. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these Terms and Conditions. You further agree to accept service of process by certified mail, return receipt requested at the address designated by you. Salt Lamps Paradise will be entitled to recover court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of these Terms and Conditions.
Failure by Salt Lamps Paradise to enforce any provision(s) of this User Terms and Conditions will not be construed as a waiver of any provision or right. It will be governed by and construed in accordance with the governing law herein.
Links to Other Web Sites
Links (such as hyperlinks) from Salt Lamps Paradise to other sites on the Web do not constitute the endorsement by Salt Lamps Paradise of those sites or their content. Such links are provided as an information service, for reference and convenience only. Salt Lamps Paradise does not control any such sites, and is not responsible for their content. The existence of links on the Site to such websites (including without limitation external websites that are framed by Salt Lamps Paradise Site as well as any advertisements displayed in connection therewith) does not mean that Salt Lamps Paradise endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.
Titles and Headings; Independent Covenants; Severability
The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms and Conditions shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
If you have any questions about these Terms and Conditions, please contact us by email at email@example.com.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS AND CONDITIONS AND AGREE THAT MY USE OF THE SITE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS