Standard Terms and Conditions for Style Matters, L.L.C.
No refunds will be issued on the book “A Fashion-Lover’s Guide to the Best
Shopping in Denver and Beyond.” If the book arrives in a damaged condition,
send the book back to the address below for an exchange.
Style Matters sales office
10203 East Crestridge Lane
Englewood, Colorado 80111
Style Matters, L.L.C., maintains this web site to provide you with
information about Style Matters, L.L.C. Inc. and its products and services.
By using Style Matters, L.L.C.’s web site, you agree that your access to and
use of this web site or other Style Matters, L.L.C. services are bound by
the following terms and conditions (the “Terms”).
Personal Use Only
Style Matters, L.L.C.’s web site and all related services (the “Services”)
are available only for your personal, non-commercial use. You may not use
the Services to increase traffic to your web site for commercial reasons or
sell a service or product unless you enter into an agreement with Style
Matters, L.L.C. describing the terms of your commercial use. You may not
“metasearch” any information relating to the Services, including, without
limitation, any posted book review (the “Reviews”). You may not reproduce,
distribute, store, broadcast, sell or sublicense information or content
included on the web site without obtaining prior written consent of an
authorized representative of Style Matters, L.L.C. Inc. Style Matters,
L.L.C. reserves all rights not granted herein, including all copyrights.
Please contact Style Matters, L.L.C. if you are interested in entering into
an agreement with Style Matters, L.L.C. regarding your potential commercial
use of the Services and products.
Links
This web site may contain links to other web sites. Style Matters, L.L.C.
Inc. is not responsible for the content of such other web sites including
any changes or updates that are made to the linked web site or the accuracy
or completeness of the information provided on other web sites. Style
Matters, L.L.C. does not screen the links included in the Services and the
linked web sites are maintained by persons over whom Style Matters, L.L.C.
exercises no control. Use of the Services may produce search results and
links to sites that some people find objectionable, inappropriate, or
offensive. We cannot guarantee that a search or link will not locate
unintended or objectionable content and assume no responsibility for the
content of any site included in any search or link pursuant to the Services.
Style Matters, L.L.C. Inc. provides the links as a convenience to you and
the existence of the links on this web site does not imply that Style
Matters, L.L.C. approves of or is affiliated with the linked organization or
company, or its products or services, or that the linked organization or
company approves of or is affiliated with Style Matters, L.L.C..
Modification
Style Matters, L.L.C. may modify or terminate the Services for any reason,
and without notice, without any liability to you, any other user or any
third party. Style Matters, L.L.C. reserves the right to modify the Terms
from time to time without notice. By accessing this web site or using the
Services after any changes to the Terms have been posted thereon, you will
be deemed to have consented to all such changes. Please review the Terms
from time to time so that you will be aware of any changes.
Intellectual Property
The trademarks, service marks, and logos (the “Trademarks”) used and
displayed on this web site are registered and unregistered marks of Style
Matters, L.L.C. Inc. and others. Nothing on this web site should be
construed as granting, by implication, estoppel, or otherwise, any license
or right to use any Trademark, without the written permission of Style
Matters, L.L.C. Style Matters, L.L.C. aggressively enforces its intellectual
property rights to the fullest extent of the law. Style Matters, L.L.C.
Trademarks may not be used in any way, including in advertising or publicity
pertaining to distribution of materials on this web site, without prior,
written permission.
You are responsible for the accuracy and truthfulness of any information,
including but not limited to Reviews, remarks, suggestions, ideas, graphics
or other submitted content, communicated to Style Matters, L.L.C. by you
through this web site or the Services, including but not limited to
intellectual property related thereto (except as may otherwise be expressly
provided). You may not post material that you know or reasonably should know
to be false or materially misleading, or that is libelous, defamatory,
obscene, vulgar, abusive, harassing, threatening, or otherwise
objectionable, or that is solely commercial in nature, or that invades a
person’s privacy, infringes another person’s intellectual property rights,
or otherwise violates any law or regulation.
Style Matters, L.L.C. does not endorse the accuracy or reliability of, and
is not responsible for, any statement, opinion, recommendation or any other
submitted content, including, without limitation, any Reviews. Any reliance
on a Review or other content shall be at your sole risk.
Style Matters, L.L.C. retains the right, but not the obligation, in its
absolute and sole discretion to screen, edit or delete any Review or other
displayed or submitted content and to prevent or restrict access to the
Services for any reason.
By submitting Reviews, creative ideas, concepts, know-how, techniques,
suggestions, opinions, materials or any other content, you acknowledge that
all such submissions become the exclusive property of Style Matters, L.L.C.,
without compensation and Style Matters, L.L.C. may copy, incorporate,
distribute or otherwise use such submissions for any commercial or
non-commercial purpose. You hereby agree to take whatever further actions,
may be necessary to assign your rights to the same to Style Matters, L.L.C..
You acknowledge that the all information and content on the web site and any
intellectual property rights embodied therein are the property of Style
Matters, L.L.C. or its information providers. The web site is subject to
protection of intellectual property laws of Canada and the United States of
America and all other jurisdictions and was created, compiled, prepared,
selected and arranged by Style Matters, L.L.C. through the expenditure of
substantial effort and resources. This web site constitutes valuable
property of Style Matters, L.L.C..
Indemnification
You agree to defend, indemnify, and hold harmless Style Matters, L.L.C., and
each of their officers, directors, employees, agents, representatives,
information providers and licensors, from any claims, costs, losses,
damages, judgments and expenses, including but not limited to reasonable
attorney’s fees, relating to or arising out of any breach of this agreement
or any use of the Services by you, or by another person using the Services
through you or using your computer.
Disclaimer of Warranties
Style Matters, L.L.C. disclaims any and all responsibility or liability for
the accuracy, content, completeness, legality, reliability, or operability
or availability of information or material displayed as a result of the
Services. Style Matters, L.L.C. disclaims any responsibility for the
deletion, failure to store, misdelivery, or untimely delivery of any
information or material. Style Matters, L.L.C. disclaims any responsibility
for any harm resulting from downloading or accessing any information or
material on the Internet through use of the Services.
ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES
ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. Style Matters, L.L.C.
AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW
ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Style Matters, L.L.C.
AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICES. Style Matters,
L.L.C. AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR
ADVICE OBTAINED THROUGH THE SERVICES. Style Matters, L.L.C. AND ITS
LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR
ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE
SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY
LINKS PROVIDED IN THE SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR
DATA THROUGH THE USE OF THE SERVICES AT YOUR OWN DISCRETION AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA,
INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM VIRUSES THAT MAY
INFECT YOUR COMPUTER OR OTHER PROPERTY.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE
OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Style Matters, L.L.C. OR ITS LICENSORS BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON
THE SERVICES ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE
SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT
RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Style Matters, L.L.C. OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH
LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR
MISUSE OF AND RELIANCE ON THE SERVICES, FROM INABILITY TO USE THE SERVICES,
OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICES
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL
ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR
GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY
LINKS PROVIDED IN THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH
ANY LINKS PROVIDED IN THE SERVICES. THIS LIMITATION SHALL ALSO APPLY,
WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY
WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES OR ANY
INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY
WAY TO, THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT
PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Style Matters,
L.L.C. or its licensors be held liable for any delay or failure in
performance resulting directly or indirectly from acts of nature, forces, or
causes beyond its reasonable control, including, without limitation,
Internet failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures, strikes,
labor disputes, riots, insurrections, civil disturbances, shortages of labor
or materials, fires, floods, storms, explosions, acts of God, war,
governmental actions, orders of domestic or foreign courts or tribunals,
non-performance of third parties, or loss of or fluctuations in heat, light,
or air conditioning.
Choice of Law
These terms and conditions shall be governed in all respects in accordance
with the laws of the State of Colorado without regard to the conflict or
choice of law rules thereof. The courts of the state of Colorado shall have
exclusive jurisdiction over any dispute arising hereunder. If for any reason
a court of competent jurisdiction finds any provisions or portion of the
Terms to be unenforceable, the remainder of the Terms will continue in full
force and effect.
These Terms of Use constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding
such subject matter. Any waiver of any provision of the Terms will be
effective only if in a writing and signed by Style Matters, L.L.C..
