The Bubbysgifts.com/savtastoys.com Web sites are provided by Bubby's Gifts, Inc. ("bubbysgifts.com" "savtastoys.com") to you ("you" or "User") subject to the following Terms and Conditions (the "T&C's") and any operating rules or policies that may be published from time to time by bubbysgifts.com.
1) According to the terms of some of our vendors we only sell retail.
2) No sales to dealers or stores permitted.
3) All sales final.
4) We reserve the right to limit the quantity of any given item.
5) We reserve the right to refuse any sale at any time.
Changes to the T&C's
Bubby's Gifts.com/ savtastoys.com may, in its sole discretion, change, add or remove any portion of the T&C's, at any time, by posting new T&C's to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.
Modifications to Site
Bubby's Gifts.com/ savtastoys.com reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, & features without notice or penalty.
User Information
In the course of your use of the Site, you will provide certain information to Bubby's Gifts.com (such information collectively is referred to hereinafter as "User Information"). The Privacy Policy shall govern bubby'sgifts.com use of any User Information you provide.
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. bubbysgifts.com/savtastoys.com. DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ANY PRODUCTS YOU MAY PURCHASE THROUGH THE SITE OR FROM OTHER WEB SITES YOU MAY LINK TO FROM THE SITE ARE "AS IS" AND bubbysgifts.com/savtastoys.com. MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS SOLD. CERTAIN PRODUCTS MAY BE WARRANTED BY THE MANUFACTURER OF THAT PRODUCT. bubbysgifts.com/savtastoys.com. DOES NOT MAKE ANY REPRESENTATIONS WITH REGARD TO SUCH MANUFACTURER WARRANTIES. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE PRODUCTS YOU PURCHASE THROUGH bubbysgifts.com/savtastoys.com.
LIMITATION OF LIABILITY
IN NO EVENT SHALL bubbysgifts.com/savtastoys.com. BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF bubbysgifts.com/savtastoys.com. OR AN AUTHORIZED REPRESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF bubbysgifts.com/savtastoys.com. TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.
Indemnification
You shall indemnify, defend and hold bubbysgifts.com/savtastoys.com. its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of the T&C's or any use by you of the Site or as a result of a dispute with another User. bubbysgifts.com/savtastoys.com. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of bubbysgifts.com/savtastoys.com.
Termination
This Agreement constitutes a binding agreement between you and bubbysgifts.com/savtastoys.com. until terminated by you or bubbysgifts.com/savtastoys.com., which bubbysgifts.com/savtastoys.com. may do at any time, without notice, in bubbysgifts.com/savtastoys.com. sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.
General Provisions
If any provision of the T&C's is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the T&C's, and the remainder of the T&C's shall continue in full force and effect. The failure by either you or bubbysgifts.com/savtastoys.com. to exercise or enforce any rights or provisions of the T&C's shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the T&C's must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and bubbysgifts.com/savtastoys.com. and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the T&C's regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the T&C's.
September 10, 2008
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