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COPYRIGHT
INFORMATION
Copyright © 1996 - 2013 All Right Reserved.
All
pages, pictures and images and anything else displayed within this
Internet site ("Site") are the property of Mignon Faget,
Ltd. and/or its affiliates. No portion of the material on these
pages may be copied, reprinted, republished or otherwise used in
any form without the express written permission of MIGNON FAGET,
LTD. and/or its affiliates.
WARRANTY
DISCLAIMER
THIS SITE, INCLUDING ANY CONTENT AND INFORMATION CONTAINED WITHIN IT,
ANY SITE-RELATED SERVICE, AND ANY PRODUCT OR SERVICE PURCHASED OR MADE
AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITHOUT REPRESENTATIONS
AND WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITH RESPECT
TO ANY THIRD PARTY PRODUCTS OR SERVICES DESCRIBED OR MADE AVAILABLE IN
CONNECTION WITH THE SITE, YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED
IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS OR SERVICES IS PROVIDED SOLELY
BY THE THIRD PARTY PROVIDER OF SUCH PRODUCTS OR SERVICES, AND NOT BY THE
MIGNON FAGET, LTD. SHOP, ITS OWNERS, SPONSORS, SITE DEVELOPERS OR AGENTS.
THE MIGNON FAGET, LTD.
SHOP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES REGARDING ANY OTHER
WEB SITE THAT YOU MAY BE ABLE TO ACCESS THROUGH THIS SITE; YOU UNDERSTAND
THAT THE MIGNON FAGET, LTD. SHOP HAS NO CONTROL OVER THE CONTENT OF SUCH OTHER
SITES. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO AND/OR USE OF THE SITE
AND/OR RELATED PRODUCTS OR SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE,
OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS
SITE, ANY OTHER SITE ACCESSIBLE THROUGH THIS SITE, AND ANY SITE-RELATED
PRODUCTS OR SERVICES.
YOUR SOLE
REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED PRODUCTS OR SERVICES,
AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING
THE SITE AND/OR THOSE PRODUCTS OR SERVICES. THE MIGNON FAGET, LTD. SHOP, ITS
OWNERS, SPONSORS, SITE DEVELOPERS, AGENTS, THIRD PARTY SUPPLIERS AND LICENSORS
ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF
OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED PRODUCTS, SERVICES AND/OR
CONTENT OR INFORMATION CONTAINED WITHIN THE SITE OR LINKED TO OR FROM
THE SITE.
A possibility
exists that MIGNON FAGET, LTD. could include inaccuracies or errors and that
unauthorized additions, deletions and alterations could be made to the
Site by third parties. Although THE MIGNON FAGET, LTD. SHOP attempts to ensure
the integrity of the Site, it makes no guarantees whatsoever as to the
completeness, correctness or accuracy of the Site. In the event that such
an inaccuracy arises, please inform THE MIGNON FAGET, LTD. SHOP so that it can
be corrected. In many instances, the content available through the Site
represents the opinions and judgments of the respective information provider
or Site user, or other user not under contract with THE MIGNON FAGET, LTD. SHOP.
THE MIGNON FAGET, LTD. SHOP neither endorses nor is responsible for the accuracy
or reliability of any opinion, advice or statement made on the Site by
anyone other than authorized THE MIGNON FAGET, LTD. SHOP employee spokespersons
while acting in their official capacities. Under no circumstances will
THE MIGNON FAGET, LTD. SHOP be liable for any loss or damage caused by your reliance
on information obtained through the Site. It is your responsibility to
evaluate the accuracy, completeness or usefulness of any information,
opinion, advice or other content available through the Site.
ACKNOWLEDGMENTS
This Site may contain links to other Web sites operated by third parties
("Linked Sites"). You acknowledge that THE MIGNON FAGET, LTD. does
not endorse the Linked Sites and is not responsible for any content that
appears on the Linked Sites. You also acknowledge that the respective
owners of the Linked Sites neither endorse nor are affiliated with THE
MIGNON FAGET, LTD. SHOP.
You acknowledge
that THE MIGNON FAGET, LTD. SHOP is not liable for the defamatory, offensive
or illegal conduct of other users or third-parties, and that the risk
of injury from the foregoing rests entirely with you.
VOID WHERE
PROHIBITED
Although the Site is accessible worldwide, not all products or services
discussed or referenced in the Site are available to all persons or in
all geographic locations or jurisdictions. THE MIGNON FAGET, LTD. SHOP reserves
the right to limit, in its sole discretion, the availability of the Site
and/or the provision and quantity of any product or service to any person,
geographic area or jurisdiction it so desires. Any offer for any product
or service made in connection with the Site is void where prohibited.
CODE OF
CONDUCT
While using the Site or Site-related services, you agree not to: ·
Restrict or inhibit any other user from using and enjoying the Site and
services; · Post or transmit any unlawful, fraudulent, threatening,
abusive, libelous, defamatory, obscene or otherwise objectionable or harmful
information or materials, or any information or materials that could constitute
or encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law; · Without
THE MIGNON FAGET, LTD. SHOP's prior written approval, post or transmit any advertising,
promotion or solicitation of goods or services for commercial purposes
(including, without limitation, the solicitation of users of the Site
to become users of other online services competitive with THE MIGNON FAGET, LTD.
SHOP);
·
Post or transmit any information or software that contains a virus, worm,
trojan horse or other harmful or disruptive component;
·
Post or transmit materials in violation of another party's copyright or
other intellectual property rights (you acknowledge that the burden of
determining whether any material posted or transmitted to the Site by
you is protected by a third party's copyright rests solely with you);
·
Use the Site for any commercial or unlawful purposes; or
·
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile
or disassemble any portion of the Site.
THE MIGNON FAGET, LTD.
SHOP has no obligation to monitor the Site or Site-related services. However,
you acknowledge and agree that THE MIGNON FAGET, LTD. SHOP has the right to monitor
the Site and Site-related services, including without limitation chat
rooms and forums, and to disclose to any third party any information in
order to operate the Site properly, to protect itself and its customers
and to comply with legal obligations or governmental requests. THE MIGNON FAGET, LTD.
SHOP reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that are unacceptable, offensive or
in violation of this Agreement. THE MIGNON FAGET, LTD. SHOP also reserves the
right to immediately terminate any individual's use of the Site and/or
such user's password(s) or account(s) in the event of any conduct by such
user which THE MIGNON FAGET, LTD. SHOP, in its sole discretion, considers to
be unacceptable, or in the event of any breach by such user of this Agreement.
Such termination may occur without notice to the user.
You agree
to indemnify, defend and hold harmless THE MIGNON FAGET, LTD. SHOP from and against
any and all claims, damages, costs or other expenses that arise directly
or indirectly out of or from (a) your breach of this Agreement, (b) your
violation of the Code of Conduct and/or (c) your activities in connection
with the Site or Site-related services.
MAKING
PURCHASES
If you wish to make purchases of products or services described on the
Site, you may be asked to supply certain information including but not
limited to credit card or other payment information. You understand that
any such information will be treated by THE MIGNON FAGET, LTD. SHOP in the manner
described in its Privacy Policy. You agree that all such information that
you provide will be accurate, complete and current. You agree to pay all
charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred. You
will also be responsible for paying any applicable taxes relating to your
purchases. Moreover, you agree to review and to comply with the terms
and conditions of any specific agreement that you enter into with any
merchant and/or service provider in connection with the licensing or purchase
of any product or service.
Information
provided to operators of Linked Sites will not be subject to THE MIGNON FAGET, LTD.
SHOP Privacy Policy. It is your responsibility to determine the privacy
policies, if any, of such Linked Sites.
SUBMISSIONS
You acknowledge and agree that, by submitting any text, images, data,
or other materials ("Content") to THE MIGNON FAGET, LTD. SHOP, you
grant to THE MIGNON FAGET, LTD. SHOP a royalty-free, perpetual, irrevocable,
non-exclusive, worldwide right and license to link to, use, reproduce,
transmit, modify, adapt, publish, display, distribute, translate, and
sublicense such material (in whole or in part) and/or to incorporate it
in other works in any form, media or technology now known or hereafter
developed for the full term of any copyright that may exist in such material.
Further, by submitting Content to THE MIGNON FAGET, LTD. SHOP, you acknowledge
that you have the authority to grant such rights to THE MIGNON FAGET, LTD. SHOP.
The foregoing provisions regarding Content are for the benefit of THE
MIGNON FAGET, LTD. SHOP, its subsidiaries, and its third party content providers
and licensors, and each shall have the right to assert and enforce those
provisions directly or on its own behalf.
USE OF
SECURE AREA AND PASSWORD
Use of any password-protected area of the Site is restricted to the individual
who has been given permission and a password to enter such area (the "Authorized
Party"). The password cannot be distributed to others, and the Authorized
Party is responsible for any and all damages to THE MIGNON FAGET, LTD. SHOP resulting
from the distribution of his or her password. If more than one individual
wishes to use a single password belonging to an Authorized Party, such
Authorized Party must request permission from THE MIGNON FAGET, LTD. SHOP in
writing, it being understood that THE MIGNON FAGET, LTD. SHOP shall be under
no obligation to approve any such request.
COMMENTS
Any comments or materials sent to THE MIGNON FAGET, LTD. SHOP, including but
not limited to feedback data, comments and suggestions ("Feedback"),
shall be deemed to be non-confidential. THE MIGNON FAGET, LTD. SHOP shall have
no obligation of any kind with respect to such Feedback and shall be free
to reproduce, use, disclose, exhibit, display, transform, create derivative
works and distribute the Feedback to others without limitation. Further,
THE MIGNON FAGET, LTD. SHOP shall be free to use any ideas, concepts, know-how
or techniques contained in such Feedback for any purpose whatsoever, including
but not limited to developing, manufacturing and marketing products incorporating
such Feedback.
MODIFICATIONS
THE MIGNON FAGET, LTD. SHOP shall have the right at any time to (a) change the
terms of this Agreement, (b) change the Site, including eliminating or
discontinuing any content or feature of the Site, restricting the hours
of availability, or limiting the amount of use permitted, or (c) change
any fees or charges for use of the Site, including instituting new or
increased fees or charges for the use of the Site or any other Site-related
services or any feature thereof. Such changes, modifications, additions,
or deletions shall be effective immediately upon notice thereof, which
may be given by means including, but not limited to, posting on the Site,
or by electronic mail, or by conventional mail. Your use of the Site after
such notice shall be deemed to constitute your acceptance of such changes,
modifications, additions, or deletions. You are expected to review this
Agreement periodically to ensure familiarity with the most current version.
MISCELLANEOUS
This Agreement is entered into in the State of Louisiana and shall be
governed by and construed in accordance with the laws of the State of
Louisiana, exclusive of its choice of law rules. Each party to this Agreement
submits to the exclusive jurisdiction of the state and federal courts
sitting in the City of New Orleans in the State of Louisiana, and waives
any jurisdictional, venue or inconvenient forum objections to such courts.
In any action to enforce this Agreement, the prevailing party will be
entitled to costs and attorneys' fees. In the event that any of the provisions
of this Agreement are held by a court or other tribunal of competent jurisdiction
to be unenforceable, such provisions shall be limited or eliminated to
the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable. This Agreement constitutes the
entire agreement between the parties hereto pertaining to the subject
matter hereof, and any and all prior or contemporaneous written or oral
agreements existing between the parties hereto are expressly canceled.
No waiver by either party of any breach or default hereunder shall be
deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or paragraph title contained in this Agreement is
inserted only as a matter of convenience and in no way defines or explains
any paragraph or provision hereof.
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