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Welcome to the Budgetext.com website (the "Website"). Budgetext Corporation ("Budgetext") and its affiliates provide their services to you subject to the terms and conditions specified in these Conditions of Use ("Conditions of Use") as well as in other policies and guidelines posted on the Website. Please read these Conditions of Use carefully. By visiting any portion of the Website, shopping on the Website, or purchasing from Budgetext, you agree to the Conditions of Use specified herein. In addition, when you use any current or future Budgetext service or visit or purchase from any business affiliated with Budgetext, whether or not such business is accessible on or through the Website, you will be subject to the guidelines and conditions applicable to such service or business, as well as to these Conditions of Use. 1.
Privacy
Your privacy concerns are important to us. Please review our Privacy Policy, which also governs your visit to and use of the Website and explains how we handle your private information. 2.
Electronic
Communications When you visit the Website or send e-mails to us, you are communicating with us electronically. By 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 Website. 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. 3.
Content You
acknowledge that all content included on the Website, such as text, graphics,
logos, button icons, images, audio clips, digital downloads, data compilations,
and software (collectively, the "Content"), is the property of Budgetext
or its content suppliers and is protected by United States and international copyrights,
trademarks, trade secrets, or other proprietary rights, and that these rights
are valid and protected in all forms, media and technologies existing now or
hereinafter developed. The compilation
of all Content on this Website is the exclusive property of Budgetext and is protected
by 4.
Trademarks
BUDGETEXT, budgetext.com, and other marks indicated on the Website are trademarks of Budgetext or its affiliates. Budgetext graphics, logos, page headers, button icons, scripts, and service names are all trademarks or trade dress of Budgetext or its affiliates (the "Trademarks and Trade Dress"). The Trademarks and Trade Dress may not be used by you in any way, including, but not limited to, use (i) in connection with any product or service that is not provided by Budgetext, (ii) in any manner that is likely to cause confusion among customers or (iii) in any manner that disparages or discredits Budgetext or its affiliates. All other trademarks not owned by Budgetext or its affiliates that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Budgetext or its affiliates. 5.
License
And Website Access Budgetext grants you a limited, nonexclusive, revocable license to access and make personal use of the Website and to make copies of select portions of the Content, provided that such copies are made only for your personal use and that you maintain all notices contained in the content, such as all copyright notices, trademark legends or other proprietary rights notices. This license does not include the right to download (other than page caching) or modify the Website, or any portion of it, except with express written consent of Budgetext. This license does not include any resale or commercial use of the Website or the Content; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or the Content; 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. Neither the Website nor any portion of the Website may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Budgetext. 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 Budgetext and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Budgetext's name or trademarks without the express written consent of Budgetext. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Budgetext so long as the link does not portray Budgetext, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Budgetext logo or other proprietary graphic or trademark as part of the link without express written permission. You agree not to interfere with or attempt to interfere with the proper working of the Website and not to bypass any measures used by Budgetext to prevent or restrict access to any portion of the Website. Any unauthorized use terminates the permission or license granted by Budgetext. 6.
Your
Account If you use the Website, you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for keeping the email address associated with that account current, and you agree to accept responsibility for all activities that occur under your account or password. Budgetext does sell products for children, but it sells them to adults, who can purchase such products with a credit card. Budgetext does not intend for the Website to be used by individuals under the age of 18 without the supervision of a parent or guardian, and if you are under 18, you must obtain assistance from your parent or guardian when using the Website. Budgetext and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content or information when you correspond with Budgetext. 7.
Links The Website may provide links to other websites that are not operated by Budgetext. If you visit one of these linked websites you should review its policies. Budgetext does not review and is not responsible for the policies and practices of other companies and their websites. 8.
Copyright
Complaints Budgetext and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Reporting Copyright Infringement Claims. 9.
Risk
Of Loss All items purchased from Budgetext 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 of the items to the carrier. 10.
Product
Descriptions Budgetext and its affiliates attempt to be as accurate as possible. However, Budgetext does not warrant that product or service descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by Budgetext itself is not as described, your sole remedy is to return it in unused condition. 11.
Disclaimer
Of Warranties And Limitation Of Liability THIS SITE IS PROVIDED BY BUDGETEXT ON AN "AS IS" AND "AS AVAILABLE" BASIS. BUDGETEXT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON THE WEBSITE, THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, BUDGETEXT DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BUDGETEXT
DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM BUDGETEXT
ARE FREE OF VIRUSES, TROJAN HORSES, 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. 12.
Indemnity You agree to indemnify and hold Budgetext
harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of your breach of these Conditions of Use or your violation of any law or
any third party's rights. 13.
Applicable
Law By
visiting the Website, you agree that the laws of the State of 14.
Disputes Any dispute relating in any way to your visit to the Website or to products or services you purchase through Budgetext shall be submitted to confidential arbitration in Fayetteville, Arkansas, except that, to the extent you have in any manner violated or threatened to violate Budgetext's or its affiliates' intellectual property rights, Budgetext may seek injunctive or other appropriate relief in any state or federal court in the state of Arkansas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Conditions of Use 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. 15.
Site
Policies, Modification, And Severability Please review our other policies, such as our Returns Policy and Privacy Policy, posted on the Website. These policies also govern your visit to the Website. We reserve the right to make changes to the Website, our policies, and these Conditions of Use at any time by posting the same in the Website. Your use of the Website for any purpose after the posting of such changes, constitutes your acknowledgement and acceptance of such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severed and shall not affect the validity and enforceability of any remaining condition. 16.
Our
Address Budgetext Corporation
http://www.budgetext.com NOTICE AND PROCEDURE FOR
REPORTING COPYRIGHT INFRINGEMENT CLAIMS If you believe that any content on the Website has been copied from your work in a way that constitutes copyright infringement, please provide Budgetext’s copyright agent the information specified below, in writing. Please note that this procedure is exclusively for notifying Budgetext and its affiliates that your copyrighted material has been infringed, and does not serve to assert or preserve the rights you may have in other forums.
Budgetext’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows: Copyright Agent
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