UmaSilbey.com

Conditions of Use

Welcome to UmaSilbey.com. UmaSilbey.com and its affiliates provide their services to you subject to the following conditions. If you visit or shop at UmaSilbey.com, you accept these conditions. Please read them carefully. In addition, when you use any current or future UmaSilbey.com service or visit or purchase from any business affiliated with UmaSilbey.com, whether or not included in the UmaSilbey.com Web site, you also will be subject to the guidelines and conditions applicable to such service or business. If these conditions are inconsistent with such guidelines and conditions, such guidelines and conditions will control.

PRIVACY

Please review our Privacy Notice, which also governs your visit to UmaSilbey.com, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit UmaSilbey.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of UmaSilbey.com and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of UmaSilbey.com and protected by U.S. and international copyright laws. All software used on this site is the property of UmaSilbey.com or its software suppliers and protected by United States and international copyright laws.

TRADEMARKS

UMASILBEY.com, Uma Designs and other UmaSilbey.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks of UmaSilbey, Inc. or its affiliates in the U.S. and/or other countries. UmaSilbey.com's trademarks may not be used in connection with any product or service that is not UmaSilbey.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits UmaSilbey.com.

LICENSE AND SITE ACCESS

UmaSilbey.com grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of UmaSilbey.com. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of UmaSilbey.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of UmaSilbey.com and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing UmaSilbey.com's name or trademarks without the express written consent of UmaSilbey.com. Any unauthorized use terminates the permission or license granted by UmaSilbey.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of UmaSilbey.com so long as the link does not portray UmaSilbey.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any UmaSilbey.com logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. UmaSilbey.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use UmaSilbey.com only with involvement of a parent or guardian. UmaSilbey.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from UmaSilbey.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

UmaSilbey.com and its affiliates attempt to be as accurate as possible. However, UmaSilbey.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by UmaSilbey.com itself is not as described, your sole remedy is to return it in unused condition.

PRICING

Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.

With respect to items sold by UmaSilbey.com, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

Please note that this policy applies only to products sold and shipped by UmaSilbey.com.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY UMASILBEY.COM OR ITS AFFILIATES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. UMASILBEY.COM AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UMASILBEY.COM AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UMASILBEY.COM AND ITS AFFILIATES DO NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM UMASILBEY.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UMASILBEY.COM AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting UmaSilbey.com, you agree that the laws of the state of Califronia, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and UmaSilbey.com or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to UmaSilbey.com or to products you purchase through UmaSilbey.com shall be submitted to confidential arbitration in Sacramento, CA except that, to the extent you have in any manner violated or threatened to violate UmaSilbey.com's intellectual property rights, UmaSilbey.com may seek injunctive or other appropriate relief in any state or federal court in the state of Califronia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to UmaSilbey.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.