Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
Terms & Conditions
Welcome to the First Lady Permanente, LLC Web Site
("Site"). Please review the following basic terms that govern your
use of and purchase of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by the terms (the
"Agreement"). First Lady Permanente, LLC recommends that children use
the internet under adult supervision.
We may change the
terms that govern your use of our Site. Your use of our Site following any such
change constitutes your agreement to follow and be bound by the terms as
changed. We may change, move or delete portions of, or may add to our Site from
time to time.
Intellectual
Property
Unless otherwise
noted, all materials, including images, illustrations, designs, icons,
photographs, video clips, and written and other materials that appear as part
of this Site (collectively, the "Contents") are copyrights,
trademarks, trade dress and/or other intellectual property owned, controlled or
licensed by First Lady Permanente, LLC collectively and/or its subsidiaries and
affiliates ("First Lady Permanente"). The Site as a whole is
protected by copyright and trade dress. All worldwide rights, title and
interests are reserved. The Contents of our site, and the Site as a whole, are
intended solely for personal, non-commercial (other than for the purchase of
merchandise from our site) use by the users of our Site. You may download or
copy the Contents and other downloadable materials displayed on the Site for
your personal use only. No right, title or interest in any downloaded materials
or software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or participate
in any sale of, or exploit in any way, in whole or in part, any of the
Contents, the Site, or any related software.
User
Comments, Feedback, and other Submissions
We welcome your
feedback on the Site. All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered to First Lady Permanente,
LLC on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, "Comments")
shall be and remain First Lady Permanente’s property. Such disclosure,
submission or offer of any Comments shall constitute an assignment to First
Lady Permanente, LLC of all worldwide rights, title and interests in all
copyrights and other intellectual property in the Comments. First Lady
Permanente, LLC will own exclusively all such rights, titles, and interests and
shall not be limited in any way in its use, commercial or otherwise, of any
Comments. First Lady Permanente, LLC is and shall be under no obligation (1) to
maintain any Comments in confidence; (2) to pay any compensation for any
Comments; or (3) to respond to any user Comments. You represent that no
Comments submitted by you to the Site will violate any right of any third
party, including copyright, trademark, privacy or other personal or proprietary
right(s). You further represent that no Comments submitted by you to the Site
will be or contain libelous or otherwise unlawful, abusive or obscene material.
You are and shall remain solely responsible for the content of any Comments you
make.
Product
Availability & Pricing
Most First Lady
Permanente, LLC products displayed at the Site are available through firstladypermanente.com
and in some cases may be purchased in our office.
In the event a product
is listed at an incorrect price due to typographical error or error in pricing
information received from our suppliers, First Lady Permanente, LLC shall have
the right to refuse or cancel any orders placed for the product listed at the
incorrect price. First Lady Permanente, LLC shall have the right to refuse or
cancel any such orders whether or not the order has been confirmed and your
credit card charged. If your credit card has already been charged for the
purchase and your order is cancelled, First Lady Permanente, LLC shall
immediately issue a credit to your credit card account in the amount of the
incorrect price.
Product
Display
We have made every effort to display as accurately as possible the colors of
our products that appear at the Site. However, as the actual colors you see
will depend on your computer monitor, we cannot guarantee that your monitor's
display of any color or texture or detail of actual merchandise will be
accurate.
Tax
Free Purchases
If you have questions about how to make a tax free purchase, please contact
Customer Service at 1-209-250-1200.
Links
to Other Web Sites and Services
To the extent that
this Site contains links to outside services and resources, the availability
and content of which First Lady Permanente, LLC does not control, any concerns
regarding any such service or resource, or any link thereto, should be directed
to the particular outside service or resource. First Lady Permanente, LLC makes
no representation or warranty that any web site links contain suitable,
appropriate materials.
Disclaimer
TO THE EXTENT
PERMITTED BY LAW, THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE BY YOUR
USE OF THE SITE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR
REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND
THAT, TO THE EXTENT PERMITTED BY LAW, FIRST LADY PERMANENTE, LLC SHALL NOT BE
LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
Indemnification
You agree to defend, indemnify and hold First Lady Permanente, LLC 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 or any claim
by a third party that your Comments infringe the third party's rights.
Miscellaneous
Unless otherwise
specified and except to the extent First Lady Permanente, LLC products are
offered for sale in the United States and select foreign markets through this
Site, this Site and the Contents thereof are displayed solely for the purpose
of promoting First Lady Permanente, LLC products and services available in the
United States and select foreign markets. This Site is controlled and operated
by First Lady Permanente, LLC from its office in Turlock, California.
This Agreement shall
be construed in accordance with the laws of the State of California, without
regard to any conflict of law provisions. Any dispute arising under this
Agreement shall be resolved exclusively by the state and federal courts of the
State of California, County of Stanislaus.
Termination First Lady Permanente,
LLC may terminate this Agreement at any time and may do so immediately without
notice, and accordingly deny you access to the Site, if in First Lady
Permanente’s you fail to comply with any term or provision of this Agreement.
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