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TERMS OF USE

LINKS TO THIRD PARTY SITES.
THE LINKED SITES IN THIS PAGE ARE NOT UNDER THE CONTROL OF SHOPBYCATALOGS.COM AND SHOPBYCATALOGS.COM IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SHOPBYCATALOGS.COM IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SHOPBYCATALOGS.COM IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SHOPBYCATALOGS.COM OF THE SITE.

MODIFICATION OF THESE TERMS OF USE
SHOPBYCATALOGS.COM reserves the right to change the terms, conditions, and notices under which the SHOPBYCATALOGS.COM Web Site is offered, including but not limited to the charges associated with the use of the SHOPBYCATALOGS.COM Web Site. You are responsible for regularly reviewing these terms and conditions.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SHOPBYCATALOGS Web Site, you warrant to SHOPBYCATALOGS that you will not use the SHOPBYCATALOGS Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use SHOPBYCATALOGS web site in any manner which is prohibited or considered unlawful by your local or federal government. You may not use the SHOPBYCATALOGS Web Site in any manner which could damage, disable, overburden, or impair the SHOPBYCATALOGS Web Site or interfere with any other party's use and enjoyment of the SHOPBYCATALOGS Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the SHOPBYCATALOGS Web Site.

MATERIALS PROVIDED TO SHOPBYCATALOGS.COM.
SHOPBYCATALOGS does not claim ownership of the materials you provide to SHOPBYCATALOGS (including feedback and suggestions) However, by posting, uploading, inputting, providing or submitting your Submission you are granting SHOPBYCATALOGS, necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. SHOPBYCATALOGS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in SHOPBYCATALOGS sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER
THE INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH THE SHOPBYCATALOGS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. SHOPBYCATALOGS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SHOPBYCATALOGS WEB SITE AT ANY TIME. SHOPBYCATALOGS MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SHOPBYCATALOGS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. SHOPBYCATALOGS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL SHOPBYCATALOGS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SHOPBYCATALOGS WEB SITE, WITH THE DELAY OR INABILITY TO USE THE SHOPBYCATALOGS WEB SIT OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SHOPBYCATALOGS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SHOPBYCATALOGS WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SHOPBYCATALOGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SHOPBYCATALOGS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SHOPBYCATALOGS WEB SITE.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or SHOPBYCATALOGS may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect the rights or property of you or SHOPBYCATALOGS pending the completion of arbitration.


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