Welcome to the KellysTreasure.com Web Site (the "Site"). Kelly's Treasure provides this Site as a service to its customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). 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 these terms, please do not use this Site.
Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Kelly's Treasure reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the KellysTreasure.com web site following any such changes constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this web site.
01 USAGE RESTRICTIONS INTELLECTUAL PROPERTY
All of the content you see and hear on the KellysTreasure.com web site, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Kelly's Treasure, one of its affiliates or by third parties who have licensed their materials to Kelly's Treasure. The entire content of the KellysTreasure.com web site is copyrighted as a collective work under U.S. copyright laws, and coordination, arrangement and enhancement of the content.
The content of the KellysTreasure.com web site, and the site as a whole, are intended solely for the personal, noncommercial use by the users of our site. You may download, print or store selected portions of the content, provided you (1) only use these materials for your own personal, noncommercial use, (2) do not copy or post the content on any network computer or broadcast the content in any media, and (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any content or materials is transferred to you as a result of any such activities. Kelly's Treasure reserves complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this web site.
Kelly's Treasure is a federally registered trademark. Except as noted above, you may not copy, download, reproduce, modify, publish, redistribute, retransmit, publicly display, publicly perform or create derivative works from the content without first obtaining written permission from Kelly's Treasure.
02 USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to KellysTreasure.com on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain Kelly's Treasure property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Kelly's Treasure of all worldwide rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Thus, Kelly's Treasure will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Kelly's Treasure is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any comments you make.
03 PRICING POLICY
At KellysTreasure.com, our commitment is to offer convenience, service, and product availability on-line at compelling prices every day, with certain limited time offerings of merchandise at promotional prices. While merchandise offered on-line at KellysTreasure.com will usually be priced the same as merchandise offered at affiliated retail stores, in some cases, affiliate retail stores may have different prices or promotional events at different times.
We have done our best to display as accurately as possible the colors of the products shown on the KellysTreasure.com web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
05 CORRECTION OF ERRORS AND INACCURACIES
The information of the KellysTreasure.com web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change and update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your KellysTreasure.com purchase you may return it with the original KellysTreasure.com packing receipt. Please see our Return Policy.
06 TYPOGRAPHICAL ERRORS
In the event a KellysTreasure.com product is listed at an incorrect price due to typographical error or systems error, KellysTreasure.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. KellysTreasure.com shall have the right to refuse or cancel any such orders whether or not 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, KellysTreasure.com shall issue a credit to your credit card account in the amount of the incorrect price.
07 TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site/ or completing the registration or shopping process. These terms and conditions, or any of them, may be terminated by KellysTreasure.com without notice at any time for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
KellysTreasure.com may deliver notice to you by means of electronic mail, a general notice on the site, or by written communication delivered by first class U.S. mail to your address on record in KellysTreasure.com account information.
09 ENFORCEMENT OF TERMS AND CONDITIONS
By accessing and using the KellysTreasure.com web site, you agree that your access to and use of the KellysTreasure.com web site is subject to these Terms and Conditions, as well as all applicable laws, as governed and interpreted pursuant to the laws of the State of Texas, United States of America.
10 USE OF SITE
Harassment in any manner or form of the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Kelly's Treasure or other licensed employee, host, or representative as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
You agree to indemnify, defend, and hold harmless Kelly's Treasure, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorney's fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
12 THIRD PARTY LINKS
In an attempt to provide increased value to our visitors, Kelly's Treasure may choose various third-party web sites to link to from its own site. However, even if the third party is affiliated with Kelly's Treasure, Kelly's Treasure has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Kelly's Treasure. Kelly's Treasure has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. None the less, Kelly's Treasure seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its site, but for sites it links to as well (including if a specific link does not work).
THIS SITE AND THE MATERIALS AND PRODUCTS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, KELLY'S TREAURE DISCLAIMS WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMNT. KELLY'S TREAURE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KELLY'S TREAURE DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14 LIMITATION OF LIABILITY
KELLY'S TREAURE SHALL NOT BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE PERFORMANCE OF THE PRODUCTS, EVEN IF KELLY'S TREAURE HAS BEEN ADVISED OF THE POSSIBILITY OF 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.