
Electronic Communications:
When you visit misselaine.com
or send emails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you
by email 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. You agree that we may send email to you for the purpose of advising you
of changes or additions to this Site, about any of our products or services, or
for such other purposes as we deem appropriate.
Copyrights:
Miss Elaine's Web Site and all of its
materials, including, but not limited to, its software or HTML code, scripts,
text, artwork, photographs, images, video, and audio (collectively, "Materials")
are protected by copyright laws and other U.S. and international laws and
treaties. All Materials are provided by Miss Elaine as a service to its current
and prospective customers and may be used only for personal informational and
product ordering purposes and only if you also retain all copyright and other
proprietary notices contained on the Materials. No right, title or interest in
our Materials is conveyed to you This is a limited license, not a transfer of
title to our Materials, and such license is subject to the following
restrictions: (a) you may not copy, reproduce, publish, transmit, distribute,
perform, display, post, modify, create derivative works from, sell, license or
otherwise exploit this Site or any of its Materials without our prior written
permission; (b) you may not access or use the Miss Elaine Web Site for any
competitive or commercial purpose; and (c) you will not permit any copying of
our Materials. Any unauthorized copying, alteration, distribution, transmission,
performance, display, or other use of these Materials is prohibited. Miss Elaine
may revoke this limited license at any time for any or no reason. All rights not
expressly granted are reserved by Miss Elaine.
Trademarks:
Miss Elaine, Inc. retains all rights
regarding its trademarks, trade names, brand names and trade dress. These marks,
names and trade dress, and all associated logos and images, are registered
and/or common law trademarks of Miss Elaine, Inc. and are protected by U.S. and
international laws and treaties. No license to the use of such marks, names or
trade dress is granted to you under these terms and conditions or by your use of
the Miss Elaine Web Site. Your misuse of the trademarks displayed on the Miss
Elaine Web Site is strictly prohibited. You are also advised that Miss Elaine
will aggressively enforce its intellectual property rights to the fullest extent
of the law, including the seeking of civil remedies and criminal
prosecution.
Linking:
Periodically, links may be established from this
Web Site to one or more external web sites or resources operated by third
parties (the "Third Party Sites"). These links are provided for your convenience
only. In addition, certain Third Party Sites also may provide links to the Miss
Elaine Web Site. No such links should be deemed to imply that Miss Elaine
endorses the Third Party Sites or any content therein.
Miss Elaine does not control and is not responsible or liable for any Third Party Sites or any content, advertising, products, or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and Miss Elaine will have no liability arising out of or related to such web sites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
Special Notice:
Miss Elaine has a no-tolerance policy
regarding the use of our trademarks or names in metatags and/or hidden text.
Specifically, the use of our trademarks or names in metatag keywords is
trademark infringement, and the use of trademarks or names in page text,
metatags, and/or hidden text for purposes of gaining higher rankings from search
engines is unfair competition. Linking to any Miss Elaine web page is prohibited
absent express written permission from Miss Elaine. Framing, inline linking or
other association of the Miss Elaine Web Site or its Materials with links,
advertisements and/or other information not originating from the Miss Elaine Web
Site is expressly prohibited.
Disclaimer of Warranty:
Access to Miss Elaine’s Web
Site is provided to our customers and prospective customers "AS IS" and "AS
AVAILABLE" and without warranty of any kind, whether express or implied,
INCLUDING BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NONINFRINGEMENT. Some jurisdictions do not allow the
disclaimer of implied warranties. In such jurisdictions, the foregoing
disclaimer may not apply to you. Miss Elaine reserves the right to block or deny
access to the Web Site to anyone at any time for any reason.
Jurisdiction and Disputes:
Miss Elaine controls this Web
Site from its offices within the State of Missouri. Miss Elaine does not imply
that the Materials published on this Web Site are appropriate for use outside of
the United States. This Site may contain products or references to products that
are not available outside the United States. Any such references do not imply
that such products will be made available outside the United States. If you
access and use this Site outside the United States you are responsible for
complying with your local laws and regulations. The terms of this Web Site shall
be governed by the laws of the State of Missouri, without giving effect to its
conflict of laws provisions. Any dispute arising in connection with your use of
this Site shall be resolved exclusively in the state and federal courts of the
State of Missouri, and/or County of St. Louis.
Indemnification:
You agree to defend, indemnify and hold
Miss Elaine, Inc. and misselaine.com harmless from and against any and all
claims, damages, costs and expenses, including attorneys fees, arising from or
related to your use of the Site.
Your Communications:
Miss Elaine shall be free to use any
ideas, concepts, know-how, or techniques contained in any communication you send
to the Web Site for any purpose whatsoever including, but not limited to,
developing, manufacturing and marketing products using such information. Any
personally identifiable information you provide to Miss Elaine through the Web
Site shall be subject to the
Web Site's Privacy Policy.
Limitation of Liability:
IN NO EVENT WILL MISS ELAINE
INC. BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES FOR USE OF THIS SITE OR ANY OTHER HYPERLINKED
WEB SITES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, COSTS OF
REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE
OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF MISS ELAINE INC. IS EXPRESSLY
ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions, the foregoing
limitations on liability may not apply to you.
Revisions:
Miss Elaine may terminate, change, suspend or
discontinue any aspect of this Web Site, including the availability of any
features of the site, at any time and without notice. Miss Elaine also reserves
the right, at its sole discretion, to change, modify, add or remove any portion
of these terms in whole or in part, at any time and without notice. Miss Elaine
may terminate the authorization, rights and licenses given above at any time and
without notice. Your continued use of this Web Site after any changes to these
terms are posted will be considered acceptance of those changes.
Our Address:
misselaine.com
Miss Elaine, Inc.
8430
Valcour Avenue
St. Louis, Missouri 63123
