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ACCEPTANCE OF TERMS By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that NEVEREVER BOUTIQUE, LTD. may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. NEVEREVER BOUTIQUE, LTD. may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials and Services will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the "Terms" link on the home page of nevereverboutique.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed. INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK AND COPYRIGHT INFORMATION The Materials and Services, as well as their selection and arrangement, are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, NEVEREVER BOUTIQUE, LTD. and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials. The trademarks, logos and service marks ("Marks") displayed on this Site are the property of NEVEREVER BOUTIQUE, LTD. or other third parties. You are not permitted to use the Marks without the prior written consent of NEVEREVER BOUTIQUE, LTD. or such third party that may own the Marks. NEVEREVER BOUTIQUE, LTD. and the NEVEREVER BOUTIQUE, LTD. logo are trademarks of NEVEREVER BOUTIQUE, LTD. The copyrights to all art, photographs, web designs or jewelry designs are owned by NEVEREVER BOUTIQUE, LTD. and Claudia Chappel. RESTRICTION AND TERMINATION OF USE NEVEREVER BOUTIQUE, LTD. may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time in NEVEREVER BOUTIQUE, LTD.¿s sole discretion, without prior notice or liability to you. LINKS TO THIRD PARTY SITES The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by NEVEREVER BOUTIQUE, LTD. to you as a convenience and the inclusion of the links do not imply any endorsement by NEVEREVER BOUTIQUE, LTD. of any Linked Site. NEVEREVER BOUTIQUE, LTD. has no control of the Linked Sites and you therefore acknowledge and agree that NEVEREVER BOUTIQUE, LTD. is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that NEVEREVER BOUTIQUE, LTD. is not responsible for any form of transmission (e.g. webcasting) received from any Linked Site. INTERNATIONAL USERS This Site can be accessed from countries around the world and may contain references to NEVEREVER BOUTIQUE, LTD. products, services and programs that are not available in your country. These references do not imply that NEVEREVER BOUTIQUE, LTD. intends to announce such products, services or programs in your country. The Site is controlled, operated and administered by NEVEREVER BOUTIQUE, LTD. from its offices within the United States of America. NEVEREVER BOUTIQUE, LTD. makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws below for further information. ADVERTISEMENTS AND PROMOTIONS NEVEREVER BOUTIQUE, LTD. may run advertisements and promotions from third parties via the Site, Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via the Site, Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that NEVEREVER BOUTIQUE, LTD. is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non- NEVEREVER BOUTIQUE, LTD. advertisers on the Site or in connection with the Services or Materials. GOVERNING LAW AND JURISDICTION This Site (excluding linked sites) is controlled by NEVEREVER BOUTIQUE, LTD. from its offices within the state of Maryland, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Maryland, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of Maryland for Baltimore County, the Circuit Court for Baltimore County and the United States District Court for the Maryland with respect to such matters. GENERAL The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between NEVEREVER BOUTIQUE, LTD. and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and NEVEREVER BOUTIQUE, LTD. on such subject matter (including any prior versions of the Terms of Use). You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without NEVEREVER BOUTIQUE, LTD.¿s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by NEVEREVER BOUTIQUE, LTD. to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect. | |
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