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TERMS AND CONDITIONS

Important Legal Information

Electronic Communications:

When you visit misselaine.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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. You agree that we may send email to you for the purpose of advising you of changes or additions to this Site, about any of our products or services, or for such other purposes as we deem appropriate.

Copyrights:

Miss Elaine’s Web Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided by Miss Elaine as a service to its current and prospective customers and may be used only for personal informational and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you This is a limited license, not a transfer of title to our Materials, and such license is subject to the following restrictions: (a) you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this Site or any of its Materials without our prior written permission; (b) you may not access or use the Miss Elaine Web Site for any competitive or commercial purpose; and (c) you will not permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. Miss Elaine may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Miss Elaine.

Trademarks:

Miss Elaine, Inc. retains all rights regarding its trademarks, trade names, brand names and trade dress. These marks, names and trade dress, and all associated logos and images, are registered and/or common law trademarks of Miss Elaine, Inc. and are protected by U.S. and international laws and treaties. No license to the use of such marks, names or trade dress is granted to you under these terms and conditions or by your use of the Miss Elaine Web Site. Your misuse of the trademarks displayed on the Miss Elaine Web Site is strictly prohibited. You are also advised that Miss Elaine will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.

Linking:

Periodically, links may be established from this Web Site to one or more external web sites or resources operated by third parties (the “Third Party Sites”). These links are provided for your convenience only. In addition, certain Third Party Sites also may provide links to the Miss Elaine Web Site. No such links should be deemed to imply that Miss Elaine endorses the Third Party Sites or any content therein. Miss Elaine does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Miss Elaine will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.

Special Notice:

Miss Elaine has a no-tolerance policy regarding the use of our trademarks or names in metatags and/or hidden text. Specifically, the use of our trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any Miss Elaine web page is prohibited absent express written permission from Miss Elaine. Framing, inline linking or other association of the Miss Elaine Web Site or its Materials with links, advertisements and/or other information not originating from the Miss Elaine Web Site is expressly prohibited.

Disclaimer of Warranty:

Access to Miss Elaine’s Web Site is provided to our customers and prospective customers “AS IS” and “AS AVAILABLE” and without warranty of any kind, whether express or implied, INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Miss Elaine reserves the right to block or deny access to the Web Site to anyone at any time for any reason.

Jurisdiction and Disputes:

Miss Elaine controls this Web Site from its offices within the State of Missouri. Miss Elaine does not imply that the Materials published on this Web Site are appropriate for use outside of the United States. This Site may contain products or references to products that are not available outside the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. The terms of this Web Site shall be governed by the laws of the State of Missouri, without giving effect to its conflict of laws provisions. Any dispute arising in connection with your use of this Site shall be resolved exclusively in the state and federal courts of the State of Missouri, and/or County of St. Louis.

Indemnification:

You agree to defend, indemnify and hold Miss Elaine, Inc. and misselaine.com harmless from and against any and all claims, damages, costs and expenses, including attorneys fees, arising from or related to your use of the Site.

Your Communications:

Miss Elaine shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Web Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. Any personally identifiable information you provide to Miss Elaine through the Web Site shall be subject to the Web Site’s Privacy Policy.

Limitation of Liability:

IN NO EVENT WILL MISS ELAINE INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MISS ELAINE INC. IS EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Revisions:

Miss Elaine may terminate, change, suspend or discontinue any aspect of this Web Site, including the availability of any features of the site, at any time and without notice. Miss Elaine also reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms in whole or in part, at any time and without notice. Miss Elaine may terminate the authorization, rights and licenses given above at any time and without notice. Your continued use of this Web Site after any changes to these terms are posted will be considered acceptance of those changes.

Our Address:

misselaine.com
Miss Elaine, Inc.
8430 Valcour Avenue
St. Louis, Missouri 63123