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Terms & Conditions

Terms & Conditions

Date of last revision: August 26, 2016

This web site (“Site”) is offered to you conditioned upon your acceptance without modification of the terms and conditions contained herein (“Terms of Use”).  Forget Me Nots of Brandon, LLC (“Company”, “Forget Me Nots”, “We”, “Us”) may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on you. By accessing, browsing, and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. The material provided on this Site is protected by law, including, but not limited to United States copyright laws and international treaties. This Site is operated by Forget Me Nots from its offices within the United States. Forget Me Nots makes no representation that materials in this Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If you do not agree to these Terms of Use, do not use this Site.

Description of Service

In the Site, Forget Me Nots provides users with access to sales of secondhand items and related services ("the Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.

Registration

If you register as a Member, you represent and warrant to Forget Me Nots that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction.  You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Forget Me Nots has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Forget Me Nots has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Service (or any portion thereof). If you use the Site or Service, you are responsible for maintaining the confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Forget Nots immediately of any unauthorized use of your account or any other breach of security. Forget Me Nots reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion for any reason or no reason.

Pricing and Availability

Our goal at Forget Me Nots is to provide accurate product and pricing information. Unfortunately, at times pricing or typographical errors may occur. Forget Me Nots cannot confirm the price of an item until after you order the item. In the event that an item is listed at an incorrect price or contains incorrect information due to an error in pricing or product information, Forget Me Nots shall reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is misplaced, Forget Me Nots may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Prices and availability are subject to change without notice.

All items shown on the website are subject to prior sale. Because our pieces are one of a kind and are sold on both the website and in our marketplace, there is a chance that an item on our site has already been sold. We work very hard to avoid this. In the event the item you have purchased has been sold, we will notify you as quickly as possible before or after a transaction has been made. In the event that a pricing error has occurred after an online transaction has been made, the customer will be notified before the order is processed.

Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method, as indicated on the Forget Me Nots Site.

Shipping Options

Shipping fee is calculated during checkout; however, we do offer local pickup for items listed on this site only.  If you select this option, you will need to bring your ID, credit card, and order number to our store and pick up your items (please call ahead to schedule your pickup).  We will hold your items at the store for 5 days.  If you don’t make it by then, we’ll cancel your order and refund your method of payment.  Please see our Shipping & Return Policy for details. 

Returns

Certain items purchased from Forget Me Nots online store may be returned within 4 days of receiving the item.  The buyer is responsible for the cost of return shipping.  Please see our   Shipping and Return Policy for details.

Use Restrictions

The contents posted by the Company on this Site, such as text, graphics, images and other material (“Materials”), are protected by copyright under both United States and foreign laws. Unauthorized use of the Materials may violate copyright, trademark, and other laws. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of the Company or the copyright owner. The Company authorizes you to view and download a single copy of the Materials on the Site solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices contained in the original Materials on any copy you make of the Materials. You may not sell or modify the Materials or reproduce, display, publicly perform, distribute, or otherwise use the Materials in any way for any public or commercial purpose. The use of the Materials on any other web site or in a networked computer environment for any purpose is prohibited.

If you violate any of these Terms of Use, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials.

While using the Forget Me Nots Site, you agree that you will not use the Forget Me Nots Site, if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Forget Me Nots Site.

You may not, without the Company’s permission, “mirror” any Materials contained in this Site or any other server. Any unauthorized use of any Materials contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

You may not use the Site for any purpose that is unlawful or prohibited by these Terms of Use. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site through hacking, password mining or any other means.

The Company reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, for any reason or for no reason at all, without prior notice, or any notice.

Company’s Liability

The Materials may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Materials or about the results to be obtained from using the Site and the Materials. Your use of the Site and the Materials is at your own risk. Changes are periodically made to the Site and may be made at any time.

 

THE COMPANY DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIALS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS ” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. THE COMPANY AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIALS, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.

Limitation of Liability and Disclaimer of Consequential Damages.

IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Privacy and Protection of Personal Information

See our Privacy Policy, incorporated herein by reference, for disclosures relating to the collection and use of information that personally identifies you (“Personal Information”).

User Submissions

The Company does not claim ownership of any material, information or idea a user provides to the Company (including feedback and suggestions), or post, upload, input or submit (“Posting”) to this Site by any means (“Submissions”). Any Submission, however, will be treated as non-confidential and non-proprietary, and may disseminated or used by the Company or its affiliates for any purpose whatsoever. By Posting your Submission, you automatically grant the Company a royalty free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such Submission alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Notwithstanding the foregoing, all Personal Information provided to the Company will be handled in accordance with our Privacy Policy.

Indemnity 

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials on the Site or your breach of these Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

Export Control

The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re export the Materials to countries or persons prohibited under the export control laws. By downloading the Materials, you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re export of the Materials.

Links to Other Sites

The Site may contain links to third party web sites (“Linked Sites ”). These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement by the Company of such Linked Site, or any association with its operations. The Company is not responsible for the content of any Linked Site and does not make any representations regarding the content or accuracy of materials on such Linked Sites. The Company is not responsible for any transmission received from any Linked Site, nor is the Company responsible if the Linked Site is not working appropriately. If you decide to access a Linked Site, you do so at your own risk.

General

This Site is based on the laws of Mississippi, United States of America. The Company makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Site and/or the Materials may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of Mississippi, without respect to its conflict of laws principles. If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of set forth herein, which shall remain in full force and effect. No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and the Company with respect to the use of the Site. Any changes to these Terms of Use must be made in writing, signed by an authorized representative of the Company to be binding on the Company. Notwithstanding the foregoing, the Company, at its sole discretion and without notice, may revise these Terms of Use at any time..