| This Web site is Operated by WizMall.com The WizMall.com Web site is operated by WizMall.com. The mailing address for WizMall.com is 121 Bennett Avenue, Suite 27A, New York, NY 10033-2328. Your Use of This Web site is Governed by These Terms and Conditions Please take a few minutes to review these Terms and Conditions. Your use of the WizMall.com Web site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, do not use the WizMall.com Web site. These Terms and Conditions May Change WizMall.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of the WizMall.com Web site following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Web site. All Web site design, text, graphics, and the selection and arrangement thereof Copyright © WizMall.com 2007. All RIGHTS RESERVED. All of the Content you see on the WizMall.com Web site, including, for example, all of the page headers, images, illustrations, graphics, and text, are subject to trademark, service mark, copyright and/or other intellectual property rights or licenses held by WizMall.com or by third parties who have licensed their materials to WizMall.com. The entire Content of the WizMall.com Web site is copyrighted as a collective work under U.S. copyright laws, and WizMall.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the WizMall.com Web site, and the site as a whole, are intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. WizMall.com reserves complete title and full intellectual property rights in any Content you download from this Web site. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from WizMall.com. Submissions We welcome your comments regarding the WizMall.com Web site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to WizMall.com shall be and remain the exclusive property of WizMall.com. Your submission of any such Comments shall constitute an assignment to WizMall.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. WizMall.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. Colors We have done our best to display as accurately as possible the colors of the products shown on the WizMall.com Web site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate. Correction of Errors and Inaccuracies The information on the WizMall.com Web site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you. If you are not fully satisfied with your WizMall.com purchase you may return it with the original WizMall.com packing receipt within 90 days of the order date. Please see our Return Policy. DISCLAIMERS THE WizMall.COM WEB SITE IS OPERATED BY WizMall.COM, ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, WizMall.COM AND ITS AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. WITHOUT LIMITING THE FOREGOING, THE WizMall.COM BUSINESSES DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. WITHOUT LIMITING THE FOREGOING, THE WizMall.COM BUSINESSES DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THE WizMall.COM WEB SITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THE WizMall.COM WEB SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. WITHOUT LIMITING THE FOREGOING, THE WizMall.COM BUSINESSES DISCLAIM ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM. THE WizMall.COM BUSINESSES DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEB SITE, OR ABOUT ANY WEB SITE YOU MAY ACCESS THROUGH THE WizMall.COM WEB SITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEB SITE. THE WizMall.COM BUSINESSES MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THE WizMall.COM WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES. THE WizMall.COM BUSINESSES ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THE WizMall.COM WEB SITE. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, SHALL THE WizMall.COM BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WizMall.COM WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY WizMall.COM BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WizMall.COM WEB SITE OR ANY CONTENT ON THE SITE, OR WITH THE WizMall.COM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WizMall.COM WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WizMall.COM WEB SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE WizMall.COM BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100). ENFORCEMENT OF TERMS AND CONDITIONS BY ACCESSING AND USING THE WizMall.COM WEB SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WizMall.COM WEB SITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF NEW YORK, UNITED STATES OF AMERICA. Last updated January 1, 2007.
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