Terms and Conditions

TERMS & CONDITIONS OF USE

Welcome to www.smittenkittenonline.com. The Smitten Kitten provides its services to you subject to the following conditions. Please take a few minutes to review these Conditions. These are Terms and Conditions concerning your use of The Smitten Kitten Web site. By accessing and using this Web site, you agree to be bound by the following Terms and Conditions. If you do not agree with any of these Terms and Conditions, do not use The Smitten Kitten Web site.

In addition, when you use any current or future www.smittenkittenonline.com service or visit or purchase from any business affiliated with www.smittenkittenonline.com, whether or not included in the www.smittenkittenonline.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business.

SHIPPING & DELIVERY

The risk of loss and title for all merchandise ordered on this Web site pass to you when the merchandise is delivered to the shipping carrier. The Smitten Kitten uses the United States Postal Service (USPS) and United Parcel Service of America (UPS) as its carriers. USA shipping & handling rates are based upon weight of each individual package/items and the postage cost for the shipping carrier and service you select.


Please be aware that the United Parcel Service (UPS) will require a signature for delivery. This measure is taken to ensure your privacy and the security of your package. Your package will not be left at your doorstep, in your lobby, etc. without a signature. For more information on UPS shipping procedures, please visit www.ups.com.


The United States Postal Service (USPS) will NOT require a signature for delivery unless you request signature confirmation at the time you place your order. For more information on USPS shipping procedures, please visit www.usps.com.

A shipping and handling fee is applied to all orders. The shipping and handling cost is a non-negotiable flat rate fee that covers the cost of postage as well as handling and packaging costs. If a delivery is refused by the customer without Smitten Kitten authorization, a fee for return shipment and/or a restocking fee may be deducted from any potential refund. While we strive to expedite and deliver all orders as quickly as possible, we ask all customers to allow us 7-10 business days for delivery time after The Smitten Kitten has processed your order, although an order may be delivered in quicker time. Once an order is placed into our database, it takes time to process in fulfillment and ship out. Postal delays can increase delivery times.

YOUR ACCOUNT

For purposes of identification, billing and marketing, you agree to provide The Smitten Kitten with current, accurate, complete, and updated information required by the registration for online ordering, including your legal name, address and telephone number(s). You agree to notify The Smitten Kitten immediately of any changes in your registration data. Proceeding with the registration process indicates your intent to comply with this term.

DELIVERY OF NOTIFICATION

You may receive e-mail notification of the delivery of invoices and shipment of products at the e-mail address provided in your registration. It is your responsibility as a user to maintain accurate records of these invoices and e-mails and accurate updates of changes to your e-mail address. You further acknowledge that there may be system failures that may limit your ability to use the Web site services and you agree that you will react accordingly when the Web site system once again becomes available. Your acceptance of these Terms and Conditions constitutes the acceptance of web delivery of invoices and notifications in lieu of any other submission from The Smitten Kitten and failure to receive any other form of this data is not defensible grounds for non-payment of monies due from you to The Smitten Kitten.

ELECTRONIC COMMUNICATIONS

When you visit this Web site, you are communicating to us electronically. You consent to receive communications from The Smitten Kitten electronically. 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 requirements that such communications be in writing.

LICENSE AND SITE ACCESS

The Smitten Kitten grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of The Smitten Kitten. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of The Smitten Kitten. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of The Smitten Kitten without express written consent. You may not use any meta tags or any other ““hidden text”” utilizing The Smitten Kitten’s name or trademarks without the express written consent of The Smitten Kitten. Any unauthorized use terminates the permission or license granted by The Smitten Kitten. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of The Smitten Kitten so long as the link does not portray The Smitten Kitten, its affiliates or their products or services in a false, misleading, derogatory or otherwise offensive manner. You may not use any of The Smitten Kitten’s logos or other proprietary graphics or trademarks as part of the link without express written permission.

The Smitten Kitten reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on this Web site and to suspend and/or deny access to this Web site for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on this Web site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and The Smitten Kitten does not undertake any obligation or responsibility to update or amend any such information.

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, illustrations, page headers audio clips, video clips, digital downloads, data compilations and software is the property of The Smitten Kitten or its content suppliers and is protected by U.S. and international copyright laws. The collection, compilation, assembly and arrangement of all content on this site is the exclusive property of The Smitten Kitten and is protected by U.S. and international copyright laws.

TRADEMARKS

The Smitten Kitten, “A Truly Feminist Sex Toy Store,” TSK, Pussy Parties and other marks indicated on our site from time to time are trademarks of The Smitten Kitten in the U.S. or other jurisdictions. This list is not exhaustive and the absence of a mark from this list should not be viewed as a waiver by The Smitten Kitten of any of its rights concerning that mark. Other Smitten Kitten product or service names, logos, graphics, page headers, button icons and scripts are trademarks or trade dress of The Smitten Kitten and may not be used in connection with any product or service that is not The Smitten Kitten’s in any manner, but especially that which is likely to cause confusion in the marketplace or in any matter that disparages or discredits The Smitten Kitten. All other trademarks not owned by The Smitten Kitten that appear on this site are the property of their respective owners who may or may not be affiliated with or connected to The Smitten Kitten. You are not permitted to use any mark displayed on this site for any purpose without the prior written consent of the owner.

OTHER BUSINESSES

The Smitten Kitten may provide links to the sites of affiliated companies and certain other businesses. Regardless of whether they are an approved affiliate or business partner, The Smitten Kitten, and its subsidiaries are not responsible for examining or evaluating and does not endorse or warrant the offerings of, any of these businesses, affiliates or individuals or the content of their Web sites. The Smitten Kitten does not assume any responsibility or liability for the actions, product, and content of all these, including affiliates and any other third parties. Your dealings with them are strictly between you and them and you should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

THE INFORMATION, AND SERVICES ON THIS WEB SITE ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. THE SMITTEN KITTEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEB SITE OR YOUR USE OF THIS WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEB SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE SMITTEN KITTEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEB SITE INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.

NEITHER THE SMITTEN KITTEN, NOR ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS EMPLOYEES, OR THIRD PARTY VENDORS, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF ANY FAILURE OR INTERRUPTION OF THIS WEB SITE, OR RESULTING FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING THIS WEB SITE, THE DATA CONTAINED HEREIN OR THE PRODUCTS OR SERVICES OFFERED ON THIS WEB SITE AVAILABLE TO YOU, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO, INABILITY TO ACCESS, OR USE OF THE WEB SITE OR THESE MATERIALS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF THE SMITTEN KITTEN OR OF ANY OR ITS VENDORS PROVIDING SOFTWARE OR SERVICES. IN NO EVENT WILL THE SMITTEN KITTEN OR ANY SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF THE SMITTEN KITTEN OR ANY OTHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.

THE SMITTEN KITTEN DOES NOT WARRANT THAT THIS WEB SITE IS FREE FROM THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, OR THAT THERE WILL BE NO FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. THE SMITTEN KITTEN CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEB SITE.

THE SMITTEN KITTEN MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE OUTSIDE OF THE UNITED STATES

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SMITTEN KITTEN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES WHICH OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED $100.

ONLINE SERVICES

To the extent you utilize The Smitten Kitten Web site, you acknowledge that there is no guarantee that communications or transactions conducted online will be secure. You further acknowledge that there may be system failures that may limit your ability to use the online services. You agree to assume all risk and liability arising from your use of The Smitten Kitten Web site, including the risk of breach in the security of the communications or transactions you conduct with or through The Smitten Kitten Web site. THE SMITTEN KITTEN’S WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND USE.

APPLICABLE LAW

By visiting The Smitten Kitten Web site, you agree that the laws of the State of Minnesota, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and The Smitten Kitten or its affiliates. You agree that any dispute relating in any way to your visit to this Web site shall be submitted to any state or federal court in the State of Minnesota, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATIONS, AND SEVERABILITY

Please review our other policies, such as those relating to Privacy which are posted on this site. These policies also govern your visit to this web site. We may make changes to our site, policies and these Terms and Conditions at any time, so you should review the policies and these Terms and Conditions each time you visit the site. If any of these Terms and Conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You also may be subject to additional terms and conditions contained in our invoices or purchase orders or terms and conditions that may apply when you use affiliate services. The failure of The Smitten Kitten to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site must be filed within six (6) months after such claim arose or be forever barred.

THESE TERMS AND CONDITIONS OF USE MAY CHANGE

The Smitten Kitten reserves the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the www.smittenkittenonline.com Web site.

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