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Terms of Use

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TERMS AND CONDITIONS OF USE

Use by a Visitor to this website is the Visitor’s: (a) acceptance of these Terms and Conditions of Use of

this website, and (b) acknowledgment and representation to Us that the Visitor is 18 years of age or

older.

These Terms and Conditions of Use (“Agreement”) is the legal contract under which Visitors to Our Website

are authorized to use Our Website and for advertisers to purchase the placement for such advertising. This

Agreement contains the rights, obligations and duties of both Our Visitors and Us. Visitors placing orders

through Our Website for purchasing merchandise available on Our Website are also referred to as Customers.

For convenience Shoppe 561, LLC refers to itself and all other entities and uniform resource locators (“URLs”)

under which We do business. For the purpose of this Agreement, We will be referred to by any of such names

or as “We,” “Us,” or “Our.” You, Our Visitor, will be referred to as such or “You,” “Your” or “Customer” and this

description will apply to both individuals or legal entities. The word Visitor includes all persons or entities

placing advertising on Our Website.

INTELLECTUAL PROPERTY

Content on Our Website is protected by the copyright, trademark, and other laws of the United States of

America and the State of Florida. No rights are granted to You except as provided in this Agreement. We either

own or license all copyrights, trademarks, technology and all other intellectual property rights (collectively,

“Intellectual Property”) pertaining to the functionality of Our Website and that are displayed on Our Website. All

rights are reserved to Us or the respective licensors of Intellectual Property used by Us. You may not copy or

make use (other than in conjunction with Your use of Our Website) or seek to reverse engine any of Our

Intellectual Property. Third parties advertising on Our Website are solely responsible for such advertising and

may own all intellectual property rights contained in such advertising. All copyright rights to the merchandise

offered on Our Website remains with the artisan, and any Customer purchasing such merchandise is granted

only a non-exclusive license to use such merchandise for non-commercial purposes only.

AUTHORIZATION TO CHARGE VISITORS CREDIT OR DEBIT CARDS

We use a shopping cart to process orders placed through Our Website and shopping cart. Visitors hereby

authorize Us to process such orders. We may offer other parties the right to place advertising on Our Website.

We are not responsible or liable for the content of such advertising

NO REFUND FOR ORDERS PLACED ON OUR WEBSITE

All orders to purchase merchandise shown on Our Website are subject to Our approval, which approval is in

our sole and exclusive discretion. We reserve the right to limit quantities of Merchandise sold through Our

Website. All purchasers are deemed “FINAL SALE.” Consequently, all such sales are non-refundable.

ORDERS PLACED THROUGH OUR WEBSITE

We ship merchandise directly to Customers. In such instances, all orders are shipped FOB Our shipping

location. We are not liable for any errors in goods or services received or delivery issues including, but not

limited to damage in transit or failure to receive an order on time or at all, any damage to merchandise shipped

to Customers. We disclaim any and all liability relating to the placement and shipping or delivery of orders.

DISCLAIMER OF WARRANTIES / LIMIT OF LIABILITY / PRODUCT IMPROVEMENTS.WE DO NOT MAKE

ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED,

INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR ANY

PARTICULAR PURPOSE OR USE, OR CONDITION, PERFORMANCE, SUITABILITY OR DESIGN OR

CONFORMITY WITH OR TO ANY LAW, RULE, REGULATION, AGREEMENT OR SPECIFICATION, OR OF

INFRINGEMENT OF ANY PATENT, TRADE SECRET, TRADEMARK, COPYRIGHT OR OTHER

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INTELLECTUAL PROPERTY RIGHTS. THE USE OF OUR WEBSITE, ITS CONTENT, INCLUDING

IMAGES, AND OUR PRODUCT IS LICENSED “AS IS” AND WITHOUT ANY REPRESENTATION THAT

OUR PRODUCT WILL WORK ON ANY PARTICULAR COMPUTER, COMPUTER OPERATING SYSTEM

OR PLATFORM OR THAT OUR WEBSITE DOES NOT CONTAIN ANY MALICIOUS CODE, INCLUDING,

BUT NOT LIMITED TO ANY AND ALL “VIRUSES” OR “TROJAN HORSES.”

WE SHALL HAVE NO LIABILITY TO ANY VISITOR (OR ANY OTHER PERSON OR ENTITY ACTING

THROUGH OR ON BEHALF OF A VISITOR OR TO ANY OTHER PERSON OR ENTITY CLAIMING TO BE

A THIRD PARTY BENEFICIARY, INCLUDING, BUT NOT LIMITED TO, FAMILY MEMBER OR

EMPLOYEES OF A VISITOR), NOR SHALL WE, OUR SHAREHOLDERS, AGENTS (INCLUDING OUR

ATTORNEYS, EMPLOYEES, AUTHORS, DEVELOPERS AND CONSULTANTS) BE RESPONSIBLE OR

LIABLE FOR ANY LOSS, CLAIM OR DAMAGE OF ANY KIND CAUSED OR ALLEGED TO BE CAUSED

DIRECTLY OR INDIRECTLY, INCIDENTALLY OR CONSEQUENTIALLY BY USE OF OUR SERVICES

(INCLUDING THE HOSTING BY US OF A PRODUCT, SERVICE OR ADVERTISING APPEARING ON OUR

WEBSITE), WHETHER KNOWN, UNKNOWN OR KNOWABLE, EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY THEREOF, BY ANY INCIDENT WHATSOEVER ARISING OUT OF OR IN CONNECTION

WITH THE USE OF OUR WEBSITE OR SERVICE OR MERCHANDISE OFFERED FOR SALE ON OUR

WEBSITE WHETHER IN STRICT LIABILITY, CONTRACT, OR TORT, OR UNDER LAWS RELATING TO

INTELLECTUAL PROPERTY RIGHTS OR UNFAIR COMPETITION. NO RIGHTS OR REMEDIES

CONTAINED IN THE UNIFORM COMMERCIAL CODE ARE CONFERRED ON VISITORS. THE MAXIMUM

AMOUNT OF DAMAGES THAT MAY BE AWARDED AGAINST US, OUR SHAREHOLDERS, AGENTS

(INCLUDING OUR ATTORNEYS, AUTHORS AND CONSULTANTS) AND EMPLOYEES SHALL BE THE

PRICE PAID BY A USER FOR THE USE OF OUR SERVICES AND THIS LIMITATION OF DAMAGES

SHALL APPLY TO ALL CAUSES OF ACTION REGARDLESS OF HOW PLEAD, INCLUDING BUT NOT

LIMITED TO, TORT, CONTRACT OR STRICT LIABILITY OR STATUTORILY OR UNDER THE COMMON

LAW.

WITH RESPECT TO CONTENT ON OUR WEBSITE, INCLUDING CONTENT PROVIDED BY THIRD

PARTIES, ALL VISITORS ARE HEREBY NOTIFIED THAT THE INFORMATION CONTAINED ON OUR

WEBSITE IS FOR GENERAL PURPOSES ONLY. SOME OF THE INFORMATION MAY BE FROM THIRD

PARTY VENDORS, PROFESSIONALS AND OTHER USERS. WE TRY TO KEEP INFORMATION MADE

AVAILABLE BY US ON OUR WEBSITE UP-TO-DATE. WE DISCLAIM ANY OBLIGATION TO YOU TO

VERIFY THE ACCURACY OF SUCH ADVERTISING AND YOU ARE EXPRESSLY INFORMED THAT WE

DO NOT VERIFY ACCURACY OF CONTENT OF SUCH ADVERTISING. YOU SPECIFICALLY RELEASE

US FROM ANY CLAIMS THAT YOU MAY HAVE NOW OR IN THE FUTURE BECAUSE OF SUCH

ADVERTISING, AND REPRESENT TO US THAT IT IS YOUR OBLIGATION ALONE TO CHECK THE

ACCURACY OF SUCH CONTENT, INCLUDING CLAIMS THAT AN ADVERTISER MAY MAKE IN

ADVERTISING APPEARING ON OUR WEBSITE.

WE TRY TO KEEP INAPPROPRIATE CONTENT, INCLUDING PORNOGRAPHIC CONTENT, OFF OUR

WEBSITE, AND RESERVE THE RIGHT, IN OUR SOLE AND COMPLETE DISCRETION TO REMOVE ANY

CONTENT THAT WE BELIEVE INAPPROPRIATE FOR ANY REASON, OR FOR NO REASON.

ACCORDINGLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR

IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY

WITH RESPECT TO THE WEBSITE OR THE INFORMATION, MERCHANDISE, SERVICES, OR RELATED

GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE A VISITOR PLACES

ON SUCH INFORMATION IS THEREFORE STRICTLY AT THE VISITOR’S OWN RISK. LINKS TO THIRD

PARTY WEBSITES ARE NOT TO BE TAKEN AS OUR ENDORSEMENT OF SUCH WEBSITES OR THE

CONTENT ON SUCH WEBSITES. SUCH CONTENT IS NOT UNDER OUR CONTROL. WE HAVE NO

CONTROL OVER THE NATURE, CONTENT AND AVAILABILITY OF THOSE SITES.

WE CONSTANTLY ARE IMPROVING OUR MERCHANDISE AND SERVICES. WE DISCLAIM ANY

OBLIGATION TO INFORM VISITORS AND PREVIOUS VISITORS OF SUCH IMPROVEMENTS.

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WE RESERVE THE RIGHT, IN OUR SOLE AND ABSOLUTE DISCRETION, TO (a) ACCEPT OR DECLINE

LISTINGS OR ADVERTISING AND TO DISCONTINUE SUCH LISTINGS OR ADVERTSING, (b) CHANGE

PRICES FOR ANY AND ALL OF MERCHANDISE AND SERVICES OFFERED ON OUR WEBSITE AND (c)

DISCONTINUE ANY AND ALL MERCHANDISE OR SERVICES OFFERED ON OUR WEBSITE AT OUR

SOLE DISCRETION.

GOVERNING LAW

You and Shoppe 561, LLC hereby agree that this Agreement will be governed exclusively by the laws of the

State of Florida as applied by the courts (federal and state) of such state to contracts made and performed

entirely within the State of Florida. No presumption concerning the drafting of this Agreement shall be made

against Us for any reason by any court determining a claim against Us.

EXCLUSIVE JURISDICTION / VENUE

YOU AND SHOPPE 561, LLC HEREBY CONSENT AND AGREE THAT THE CIRCUIT COURT OR COUNTY

COURT HAVING JURISDICTION OVER PALM BEACH COUNTY, FLORIDA OR THE UNITED STATES

DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, WEST PALM BEACH DIVISION,

SHALL HAVE SOLE AND EXCLUSIVE JURISDICTION AND VENUE OVER ANY SUIT, ACTION,

PROCEEDING OR CONTROVERSY ARISING UNDER, OUT OF OR RELATING TO THIS AGREEMENT

AND OUR MERCHANDISE AND SERVICES AND SUCH COURT SHALL BE THE SOLE, EXCLUSIVE AND

PROPER FORUM AND VENUE IN WHICH TO ADJUDICATE ANY SUCH SUIT, ACTION, PROCEEDING

OR CONTROVERSY. THE PARTIES AGREE THAT SERVICE OF PROCESS MADE IN ACCORDANCE

WITH THE LAW AND RULES APPLICABLE TO SUCH COURTS SHALL BE DEEMED PROPER AND

EFFECTIVE.

WAIVER OF TRIAL BY JURY

YOU AND SHOPPE 561, LLC AGREE TO, AND DO, HEREBY WAIVE TRIAL BY JURY TO THE

GREATEST EXTENT PROVIDED BY LAW.

ATTORNEYS’ FEES

In any suit, action, arbitration, proceeding or controversy between Shoppe 561, LLC, its shareholders,

members, officers, agents, consultants, authors, employees and attorneys and You or anyone acting by or

through You, You agree to pay to Us, Our shareholders, members, officers, agents, consultants, authors,

employees and attorneys Our and their reasonable attorneys’ fees and costs including out-of-pocket costs, at

both the trial and appeal level.

PROHIBITED USE

You are not to use Our Merchandise or Services other than as authorized by this Agreement. All rights not

expressly granted to You by this Agreement are expressly reserved to Us.

In addition to the prohibitions specified elsewhere in this Agreement, Visitors are prohibited from any of the

following actions which include, but are not limited to:

• The use of Our services for unlawful purposes including: (a) violation of applicable Governing Laws

and (b) obtaining prescriptions for controlled substances in violation of Governing Laws including the

United States Controlled Substance Act.

• Duplicating by any means any of Our Merchandise or Services except as specifically authorized by

this Agreement, or allowing any third party access to Our Merchandise or Services.

• Selling any information contained on or in Our Merchandise or Services to any third party.

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• Reverse engineering Our Merchandise, Services or technology used to deliver Our Merchandise or

Services to You or attempting to do so.

INDEMNITY

Should Shoppe 561, LLC, its shareholders, members, officers, agents, consultants, authors, employees and/or

attorneys be exposed to any claims, damages, litigation or liability by use of merchandise or services by You or

anyone acting by or through You including a breach by You of the terms of this Agreement, You agree to

indemnify and hold harmless Shoppe 561, LLC, its members, shareholders, officers, agents, consultants,

authors, employees and attorneys from any such claims, damages, litigation or liability, including reasonable

attorneys’ fees. Further, advertisers placing content on Our Website agree to indemnify and hold harmless

Shoppe 561, LLC, its members, shareholders, officers, agents, consultants, authors, employees and attorneys

from any such claims, damages, litigation or liability, including reasonable attorneys’ fees, arising, directly or

indirectly from or out of the content of such advertising.

INVALIDITY

If for any reason any provision of this Agreement shall be deemed to be legally invalid or unenforceable in any

jurisdiction to which it applies by a court of competent jurisdiction, the validity of the remainder of the

Agreement shall not be affected and such provision shall be deemed modified to the minimum extent

necessary to make such provision consistent with applicable law, and, in its modified form, such provision shall

then be enforceable and enforced.

ENTIRE AGREEMENT / WAIVER

This Agreement constitutes the entire agreement between Us and You pertaining to the subject matter hereof,

and supersedes and revokes any and all prior or existing agreements, written or oral, relating to the subject

matter hereof, and this Agreement shall be solely determinative of the subject matter hereof. This Agreement

may be amended only by a written instrument executed by the party or parties to be bound thereby, with

Shoppe 561, LLC acting only through its president pursuant to a written authorization of its Shareholders.

Shoppe 561, LLC shall not be deemed to waive any of its rights under this Agreement except in writing, and

then only through its president pursuant to a written authorization of its Shareholders directing the president to

waive a provision of this Agreement.

HEADINGS

The captions and headings used in this Agreement are for convenience only and do not in any way limit,

amplify, or otherwise modify the provisions of this Agreement.

GENDER AND NUMBER

Whenever appropriate, references in this Agreement in any gender shall be construed to include all other

genders, references in the singular shall be construed to include the plural, and references in the plural shall

be construed to include the singular, unless the context clearly indicates to the contrary. The use of the words

“You,” “Your,” “Our,” “Us” and “We” shall include the agents and employees of each.

ASSIGNMENT

This Agreement is personal to You and cannot be assigned by You. Any attempt to assign this Agreement or

any rights granted to You under this Agreement by You is void. We may assign this Agreement to any third

party in Our sole discretion.

ARBITRATION

Any dispute or controversy (except as excluded below) that may arise, directly or indirectly, from this

Agreement or relating thereto shall be settled in Palm Beach County, Florida in accordance with the

Commercial Rules of Arbitration of the American Arbitration Association by three (3) arbitrators appointed in

accordance with said rules. The arbitrators are specifically empowered to enter as part of any award an award

for reasonable attorneys’ fees and costs to the prevailing part.

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Excluded from jurisdiction of the arbitration and arbitrators, and deemed not subject to arbitration, are Shoppe

561, LLC’s trademarks, patents, copyrights, trade names, service marks, trade secrets, intellectual property

and other industrial property rights (collectively, “Intellectual Property Rights”). The arbitrators are expressly

prohibited from entering any award, directly or indirectly, that relates to such Intellectual Property Rights. A

party wishing to proceed through an action, suit or proceeding with respect to Intellectual Property Rights

and/or unfair competition claims may do so, including, without limitation, protecting any of same against

infringement, misappropriation, theft of trade secrets and unfair competition, and recovery damages and/or

obtaining injunctive relief.

COPY OF THIS AGREEMENT

Copies of this Agreement can be obtained by sending Your request to: info@shoppe561.com.

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