GENERAL TERMS AND CONDITIONS
Samantha Rose Designs, Inc.
These General Terms and Conditions of Use ("Terms") are entered into by and between you and SAMANTHA ROSE DESIGNS, Inc. ("SAMANTHA ROSE"), an entity incorporated and currently in existence in the State of Texas. In consideration of your use of and access to this Internet site (the "SAMROSE.COM Site"), and the promises and obligations listed herein, and intending to be legally bound, you and SAMANTHA ROSE hereby agree as follows:
Your access to and use of the SAMROSE.COM Site is subject to these Terms, which incorporate provisions separately posted as Privacy Statement, as well as any modifications issued by SAMANTHA ROSE and all applicable laws and regulations. BY USING THE SAMROSE.COM SITE, YOU AGREE TO AND WILL BE BOUND BY THESE TERMS. If you do not wish to be bound by such Terms, please refrain from using the SAMROSE.COM Site.
SAMROSE.COM Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them, among other things. These Terms and the information provided in the SAMROSE.COM Site in no way override the terms and conditions of your purchase of any product except as specifically provided herein. To the extent any area within the SAMROSE.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.
Changes in Terms
SAMANTHA ROSE 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 SAMROSE.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 SAMROSE.COM Site. You are responsible for reviewing the SAMROSE.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 SAMANTHA ROSE to these Terms. ANY ACCESS OR USE OF THE SAMROSE.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 SAMANTHA ROSE shall be valid or enforceable against SAMANTHA ROSE unless expressly agreed to by SAMANTHA ROSE in a writing signed by a duly authorized officer of SAMANTHA ROSE.
Termination
These Terms are effective until terminated by SAMANTHA ROSE. SAMANTHA ROSE may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the SAMROSE.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.
SAMANTHA ROSE shall also have the right without notice and at any time to terminate the SAMROSE.COM Site or any portion thereof, or any products offered through the SAMROSE.COM Site, or to terminate any individual's right to access or use the SAMROSE.COM Site or any portion thereof.
Compliance with Laws
You must be at least 18 years old to use the SAMROSE.COM Site.
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the SAMROSE.COM Site and your purchase of the items on the SAMROSE.COM Site.
Content
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the SAMROSE.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. SAMANTHA ROSE 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 SAMANTHA ROSE 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 SAMANTHA ROSE or by third parties that have licensed their use to SAMANTHA ROSE. You may view and use the Content only for your personal information and for shopping and ordering on the SAMROSE.COM Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, SAMANTHA ROSE 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 SAMROSE.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 SAMANTHA ROSE, is strictly prohibited.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the SAMANTHA ROSE copyright agent the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the SAMROSE.COM website, including the SAMANTHA ROSE Item number, if applicable;
Your address, telephone number, facsimile number and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.
The SAMANTHA ROSE Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
SAMANTHA ROSE DESIGNS, Inc.
1014 S. Broadyway St., # 104, Carrollton, TX 75006
Linked Third Party Sites
Links to other Internet sites operated by third parties, including SAMANTHA ROSE vendors, do not constitute sponsorship, endorsement, or approval by SAMANTHA ROSE of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by SAMANTHA ROSE, and SAMANTHA ROSE 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.
Prices and/or Orders
All prices displayed on the SAMROSE.COM Site are quoted in U.S. dollars. SAMANTHA ROSE may restrict delivery to addresses within the United States and Canada. SAMANTHA ROSE will add shipping and handling fees and applicable sales/use tax. SAMANTHA ROSE reserves the right without prior notice to discontinue or change specifications and prices on products offered on the SAMROSE.COM without incurring any obligation to you. Products displayed on this site are available while supplies last. Descriptions of, or references to, products on the SAMROSE.COM Site do not imply endorsement of that product, or constitute a warranty, by SAMANTHA ROSE.
The receipt by you of an order confirmation does not constitute SAMANTHA ROSE's acceptance of an order. Prior to SAMANTHA ROSE's acceptance of an order, verification of information may be required. SAMANTHA ROSE reserves 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 SAMANTHA ROSE, for any reason. SAMANTHA ROSE reserves 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 is listed at an incorrect price due to supplier pricing information or typographical error, SAMANTHA ROSE 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, SAMANTHA ROSE shall promptly issue a credit to your original credit card account in the amount of the incorrect price.
The risk of loss and title for all products purchased by you and shipped by SAMANTHA ROSE pass to you upon SAMANTHA ROSE's delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of SAMANTHA ROSE's vendors pass from such vendor to you upon such vendor's delivery to the carrier for shipment.
Disclaimer and Limitation of Liability as to the SAMROSE.COM Site and Content
SAMANTHA ROSE MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SAMROSE.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. SAMANTHA ROSE ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SAMROSE.COM SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SAMROSE.COM SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON THE SAMROSE.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 SAMROSE.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 SAMANTHA ROSE, 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 SAMROSE.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 SAMANTHA ROSE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer and Limitation of Liability as to Products
SAMROSE.COM wants you to be completely satisfied with your purchase. If for any reason you are not entirely pleased with a product you purchased on the SAMROSE.COM Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing specific terms and conditions. Manufacturers' warranties may vary from product to product.
ALL PRODUCTS SOLD BY SAMANTHA ROSE ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, SAMANTHA ROSE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, SAMANTHA ROSE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON THE SAMROSE.COM SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 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 SAMANTHA ROSE, 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 SOLD OR PROVIDED ON THE SAMROSE.COM SITE, EVEN IF SAMANTHA ROSE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAMANTHA ROSE'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
Indemnification
You agree to defend, indemnify, and hold harmless SAMANTHA ROSE, SAMANTHA ROSE's 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 SAMROSE.COM Site. The foregoing indemnification obligation shall survive termination of these Terms and the SAMROSE.COM Site and any product provided to you arising out of or relating to your use of the SAMROSE.COM Site.
Submissions
Except as otherwise expressly provided herein or in the SAMANTHA ROSE PRIVACY STATEMENT posted on the SAMROSE.COM Site, any communication or material you transmit to the SAMROSE.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 SAMANTHA ROSE, SAMANTHA ROSE vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, SAMANTHA ROSE, SAMANTHA ROSE 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 SAMROSE.COM Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using information contained in such communication.
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 SAMANTHA ROSE 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.
SAMANTHA ROSE 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 SAMROSE.COM Site shall not be construed as SAMANTHA ROSE's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of Texas. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law provisions. Additionally, any claims brought against SAMANTHA ROSE shall be governed by and construed in accordance with the laws of the State of Texas. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, this Agreement, use of this website, or any orders placed or products purchased on SAMROSE.COM, shall be in the state or federal courts located in.Dallas, Texas.