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TERMS AND CONDITIONS

Welcome to www.shopelesamis.com (the "Site").  All content on this Site, including information, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software ("Materials") are provided by Les Amis, LLC ("Les Amis," "we," "our," or "us") subject to these conditions.  If you visit or shop at shoplesamis.com, you accept these conditions.  Please read them carefully. 

The following terms govern use of this Site.  By using this Site you agree that you have read and understood these terms and agree to be bound by these terms, and to comply with all applicable laws and regulations regarding use of this Site.  If you do not agree to these terms, do not use this Site.

Les Amis operates this Site from its offices within the United States.  Les Amis makes no representations that the Materials referenced on this Site are appropriate or available for use in other areas of the world.  Those who access this Site from locations outside the United States are responsible for compliance with applicable local laws. 

Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Texas, without reference to its conflict-of-laws principles.  Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in Dallas County, Texas.  You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.

Les Amis reserves the right to make changes to this Site and to these terms at any time.  Any change in these terms will be prospective only, unless retroactive effect is legally required.  Your continued use of this Site will constitute your acceptance of any new or amended terms.


PRIVACY POLICY
Use of this Site is subject to Les Amis's Privacy Policy.  The Privacy Policy is incorporated herein in its entirety.


ELECTRONIC COMMUNICATIONS

When you visit this Site or send e-mails to us, you are communicating with us electronically.  You consent to receive communications from us 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 requirement that such communications be in writing.


COPYRIGHT

The Materials contained on this Site are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties.  Except as stated herein, these Materials may not be reproduced, modified, displayed or distributed in any form or by any means without Les Amis's prior written consent.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Les Amis the written information specified below.  Please note that this procedure is exclusively for notifying Les Amis that your copyrighted material has been infringed.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please send any notices of claims of copyright infringement to the following address:

Copyright Agent
Les Amis, LLC
100 Highland Park Village, Suite 202
Dallas TX 75205
info@shoplesamis.com


TRADEMARKS

All graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of Les Amis and/or it suppliers and third party affiliates in the U.S. and/or other countries.  The trademarks and trade dress on this Site may not be used in connection with any product or service that is not Les Amis' or its suppliers', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Les Amis and/or its suppliers and third party affiliates.  All other trademarks not owned by Les Amis that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Les Amis.


LICENSE AND SITE ACCESS

Les Amis 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 Les Amis.  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 Les Amis. 

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 Les Amis without express written consent.  You may not use any meta tags or any other "hidden text" utilizing Les Amis's name or trademarks without the express written consent of Les Amis.  Any unauthorized use terminates the permission or license granted by Les Amis. 

You may not link to this Site without the express consent of Les Amis.


YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. 

This Site is not intended for use by children under the age of 18.  Les Amis sells products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method.  If you are under 18, you may use this Site only with involvement of a parent or guardian. 

You agree that all information that you provide to us, for example, in the Site’s application/registration form, will be true, current, accurate and complete.  You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity, to open or operate your account.

Les Amis reserves the right to refuse service, terminate accounts, or cancel orders in its sole discretion.


REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information on this Site, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." 

If you do post content or submit material, and unless we indicate otherwise, you grant Les Amis a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.  You grant Les Amis and sublicensees the right to use the name that you submit in connection with such content, if they choose. 

You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Les Amis for all claims resulting from content you supply.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content that you post on this Site. 

Les Amis has the right (but not the obligation) to monitor and edit or remove any activity or content. Les Amis takes no responsibility and assumes no liability for any content posted by you or any third party.


RISK OF LOSS

The risk of loss and title for all items purchased from Les Amis pass to you upon our delivery of such items to the carrier.  If items are damaged during shipping, we may replace them or issue a refund at our sole discretion.


RETURNS, AND REFUNDS

Les Amis may issue a refund or permit a return of items purchased on this Site at our sole discretion.  


PRODUCT AND PRICING INFORMATION

Although we have made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon various factors outside our control, including settings on your display monitor. 

Products displayed on this Site may be out-of-stock, discontinued, or otherwise unavailable for purchase.  Les Amis reserves the right to discontinue any products at any time without notice.

Prices are subject to change.  Les Amis cannot confirm the price of an item until you order.  Despite Les Amis' best efforts, a small number of items in our catalog may be mispriced.


WARRANTIES AND DISCLAIMERS

Les Amis intends for the Materials contained on this Site to be accurate and reliable.  These Materials may, however, contain inaccuracies, typographical errors or other mistakes.  Les Amis does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.

Les Amis reserves the right to make corrections, modifications, enhancements, improvements and other changes to the Materials at any time.

THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS".  LES AMIS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THESE MATERIALS FOR ANY PURPOSE AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THESE MATERIALS, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT.  YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

LES AMIS DOES NOT WARRANT OR REPRESENT THAT ANY LICENSE, EITHER EXPRESS OR IMPLIED, IS GRANTED UNDER ANY INTELLECTUAL RIGHTS OF LES AMIS, INCLUDING WITHOUT LIMITATION TRADEMARK RIGHT, PATENT RIGHT, COPYRIGHT, COVERING OR RELATING TO THESE MATERIALS.

USE OF THE INFORMATION ON THIS SITE MAY REQUIRE A LICENSE FROM A THIRD PARTY UNDER THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY OF THAT THIRD PARTY, OR A LICENSE FROM LES AMIS UNDER THE COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY OF LES AMIS.


LIMITATION OF LIABILITY

IN NO EVENT SHALL LES AMIS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION RESULTING FROM USE OF THIS SITE OR ARISING OUT OF THE USE OF THE MATERIALS AVAILABLE ON THIS SITE, REGARDLESS OF WHETHER LES AMIS OR AN AUTHORIZED LES AMIS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


SPECIFIC NOTICE REGARDING LINKS TO THIRD PARTY SITES.

From time to time, Les Amis may provide links to Sites of affiliated companies and certain other businesses.  These linked Sites are not under Les Amis's control.  Les Amis is not responsible for the contents of any linked Site or any changes or updates to such Sites.  Les Amis is providing these links to you only as a convenience.  The inclusion of any link does not imply endorsement by Les Amis of any linked Site.

LES AMIS'S PUBLICATION OF INFORMATION REGARDING THIRD-PARTY PRODUCTS OR SERVICES DOES NOT CONSTITUTE AN ENDORSEMENT REGARDING THE SUITABILITY OF SUCH PRODUCTS OR SERVICES OR A WARRANTY, REPRESENTATION OR ENDORSEMENT OF SUCH PRODUCTS OR SERVICES, EITHER ALONE OR IN COMBINATION WITH ANY LES AMIS PRODUCT OR SERVICE.

By visiting the Site, you may access information about certain sponsored and/or affiliated non profit organizations and how your contributions and your purchases will benefit the organizations.  The views and actions of the organizations listed or described on the Site are solely those of the respective organizations, and we may or may not endorse such views and actions. 


MONITORING AND ENFORCEMENT

We reserve the right, but do not assume the obligation, to investigate any violation of these terms and conditions or misuse of the Site, including by removing, disabling access to, or modifying any content or resource that violates these terms and conditions or any other agreement we have with you for use of the Sites.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.  Our reporting may include disclosing appropriate customer information.  We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these terms and conditions.

© Copyright 2011 Les Amis, LLC. All rights reserved.