TERMS AND CONDITIONS
1.1 This agreement governs your use of the artfulwears.com web site (the "Service"), which is operated by FitStar, L.L.C., D.B.A. Artfulwears.com. Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with this agreement, govern your use of those areas. This agreement, together with any such additional term and conditions, are referred to as this "Agreement."
1.2 FitStar, L.L.C. reserves the right, in its discretion, to change or modify all or any part of this Agreement at any time, effective immediately upon notice published on the Service. Fitstar, L.L.C. is not required to provide you with notification that such modifications have been made. Your continued use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by FitStar, L.L.C. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service.
1.3 The Service is directed to teenagers and adults and is not directed to children under the age of 13. FitStar, L.L.C. complies with the Children's Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever artfulwears.com collects data within the Service, such as during the registration and/or checkout processes.
2. Rules of Conduct
2.1 You agree not to copy, reproduce, transmit, distribute or transfer any content in any other forum, including but not limited to, electronic or print mediums.
2.2 You are responsible for maintaining the confidentiality of the password of your Artfulwears.com login account, and you are fully responsible for all activities that occur under your password or account. You agree (a) you will not provide your account login name or password to any third party, and you will not allow any third party to access your account, and (b) to immediately notify us of any unauthorized use of your login name, password or account or any other breach of security.
3. No Endorsement
3.1 The Service may contain links to sites on the Internet which are owned and operated by third parties (the "External Sites"). You acknowledge that FitStar, L.L.C. is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
4.1 You agree to indemnify, defend and hold FitStar, L.L.C. and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "FitStar, L.L.C. Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any FitStar, L.L.C. Party in connection with any use or alleged use of the Service under your password by any person, whether or not authorized by you. FitStar, L.L.C. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with FitStar, L.L.C.'s defense of such claim.
5. Termination of Service
5.1 Artfulwears.com reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service at any time for any reason without prior notice or liability. Artfulwears.com may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content without prior notice or liability.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
6.1 NEITHER FitStar, L.L.C. NOR ANY PROVIDER OF THIRD PARTY CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FitStar, L.L.C. , ANY THIRD PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE OR THE CONTENT. THE SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF FitStar, L.L.C., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. NEITHER FitStar, L.L.C. NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU.
6.2 NEITHER FitStar, L.L.C., ANY THIRD PARTY CONTENT PROVIDER NOR THEIR RESPECTIVE AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6.3 SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF FitStar, L.L.C., THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. Agreement as complete integration and amendments
7.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this agreement and any additional terms and conditions posted on the Service, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. The terms of this Agreement shall survive any termination of this Agreement.
8.1 In the event that any one or more of the provisions of this Agreement shall be or become invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining pro-visions of this Agreement shall not be affected thereby.
9. Construction, arbitration and attorneys fees
9.1 This Agreement shall be construed and enforced in accordance with the laws of the state of Delaware. The parties expressly agree that all disputes arising under this Agreement shall be subject to binding arbitration under the rules then in effect for the American Arbitration Association. The venue for any subsequent legal action shall be the state or federal courts located in New Castle County, in the state of Delaware.