ICING by claire's Terms of use - continued

Disclaimers

You acknowledge and agree that:

YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. ANY FEATURES AVAILABLE THROUGH OUR WEB SITE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. CLAIRE’S EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Because our web site is provided to you  “AS IS,” you agree that Claire’s shall not be liable to you or to any third party for any delay in delivery of, or failure to deliver, any of your communications or other information you submit using our web site.   Because our web site is provided to you “AS AVAILABLE,” you agree that Claire’s shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Claire’s web site or of your ability to access it.

Claire’s also disclaims any warranty that (i) our web site will meet your requirements, (ii) our web site’s operation will be uninterrupted, timely, secure, or error-free, and (iii) any information or communication that may be obtained from the use of our web site will be accurate or reliable (and Claire’s disclaims any liability for damages that may arise from your reliance on any such information or communication) or are free of viruses or other harmful components.

You assume the full responsibility and risk for any damage to your computer or other consequences that result from your downloading any information, software, or other materials through our web site.  Claire’s shall have no liability for any damage to your computer, including loss of data, that results from your downloading any such materials.

Claire’s shall not be responsible for any order request if it is received in an unintelligible or garbled form.  However, Claire’s will make reasonable efforts to notify the sending party (if the sending party is identifiable from the received order request) that the order request was unintelligible or garbled.

Some states do not allow the disclaimer of implied warranties, so this provision may not apply to you.

Limitation of Liability

YOU AGREE THAT CLAIRE’S SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA (EVEN IF CLAIRE’S HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), THAT RESULT FROM:  (a) YOUR USE OF OR INABILITY TO USE THE ICING BY CLAIRE’S WEB SITE; (b) THE COST YOU INCUR TO SUBSTITUTE FOR ANY GOODS YOU PURCHASED THROUGH THE ICING BY CLAIRE’S WEB SITE; (c) ACCESS TO OR ALTERATION OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION OR OTHER INFORMATION IN AN UNAUTHORIZED MANNER; (d) REPRESENTATIONS OR CONDUCT OF ANY THIRD PARTY RELATED TO THE ICING BY CLAIRE’S WEB SITE, INCLUDING OUR ADVERTISERS AND BUSINESS PARTNERS; OR (e) ANY OTHER MATTER RELATING TO THE ICING BY CLAIRE’S WEB SITE.  Some states do not allow the limitation of liability, so this provision may not apply to you.

Indemnity

You agree to defend, indemnify, and hold Claire’s harmless from and against all losses, costs, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and other litigation and arbitration expenses) (“Losses”) related to or arising from: (a) negligent acts or omissions or intentional misconduct with respect to your use of the Icing by Claire’s web site or goods purchased from the Icing by Claire’s web site; or (b) claims for infringement of the proprietary rights of any third party resulting from your use of the Icing by Claire’s web site or goods purchased from the Icing by Claire’s web site in violation of these Terms of Use.

Term and Termination

These Terms of Use are effective upon your acceptance (by clicking on “I Accept” below) and shall continue until terminated in accordance with this Section.  Either party may terminate these Terms of Use at any time upon thirty (30) days’ prior written notice.  Claire’s also reserves the right to terminate its relationship with you at any time.  Upon termination of these Terms of Use, you shall immediately cease accessing the Icing by Claire’s web site except to the extent necessary to effectuate any of your obligations or rights arising under any orders that are intended to continue beyond such termination. In the event collections proceedings or legal action become necessary, you agree to pay all of Claire’s costs and fees incurred, including attorney's fees.

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