Thank you for your interest in the Unique An E-Boutique online store!

 

These terms of use (the "Terms"), constitute a legally binding contract between you ("visitor" "you" or "your") and Unique An E-Boutique and any of our currently represented Artisans: ("Unique An E-Boutique," "Cassellisaur's Artistry & More", or "The Technical Craftsman", "us," "we," or "our", and any new Artisans not yet listed) that governs your purchase of any, and all products and/or services (collectively, "Item(s)") made on or through the Unique An E-Boutique website, currently located at https://www.uniquedecorandmore.com (including any sub-domains, sub pages, directories, or mobile versions of the website), and all Unique An E-Boutique mobile applications and online services (collectively the "Site").

 

1. Acceptance of Terms
 
By placing an order for Items through the Site (an "Order"), you agree to be bound by these Terms. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT ORDER ITEMS FROM OUR SITE. Additionally, by placing an Order through the Site, you represent that you are at least 18 years old, and have the legal capacity to enter into a binding contract with Unique An E-Boutique. If you are purchasing Items on behalf of a business, by accepting these Terms, you confirm that you have authority to bind such business to a contract with Unique An E-Boutique.

 

Your purchase of Items through the Site is also subject to the Uniquedecorandmore.com Terms of Sale, and Unique An E-Boutique Privacy Policy, both of which are incorporated in their entirety into these Terms by this reference. In the event of a conflict between the Terms of Sale and these Terms, these Terms shall prevail. PLEASE READ THE TERMS OF USE CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, INCLUDING A REQUIREMENT THAT DISPUTES BETWEEN YOU, AND Unique An E-Boutique BE RESOLVED THROUGH ARBITRATION ON AN INDIVIDUAL BASIS.

 

2. Age Eligibility for Use and Access of the Site

 

The Site is not directed towards, nor intended for use by, anyone under the age of 13. By using the Site, you represent and warrant that you are 13 years of age or older. If you are not at least 13 years of age, do not access or use the Site. In addition, you may not purchase products from our Site unless you are at least 18 years of age. If you are under 18 years of age, and purchases from the Site then your guardians/parents will be liable for the debt.

 

3. Account Registration
 
When you visit the Site you have the option of registering with Unique An E-Boutique. By registering with Unique An E-Boutique you may receive certain benefits, such as an expedited check-out process, and access to your online order history, and may comment on our blogs posts. Registration is not required to access or use the Site, but you understand and acknowledge that certain features of the Site or benefits offered by Unique An E-Boutique may only be available to registered users. Such as Smile Rewards and Gift Cards. You are responsible for maintaining the confidentiality of your account, and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account.

 

4. Purchasing Products from the Site

 

All purchases of products and services from the Site are subject to the Unique An E-Boutique Terms of Sale. The Terms of Sale is where you will find information on our policies and procedures relevant to your online purchase, and other similar or related policies.

 

5. Ownership and Content

 

The content, including all text, graphics, logos, images, audio clips, video, data and other materials available through the Site (collectively "Content") is the sole property of Unique An E-Boutique and its licensors, and is protected by copyright, trademark and other intellectual property laws. Accordingly, Unique An E-Boutique and its licensors expressly reserve any, and all rights and licenses not explicitly granted to you under these Terms. Subject to your compliance with these Terms, you shall have a non-exclusive, non-transferable, limited right to access and make personal use of the Site and the Content for non-commercial purposes only. Except as noted above, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any manner any Content from the Site, without the express written consent of Unique An E-Boutique.

 

6. Trademarks and Logos

 

The Site contains valuable trademarks owned and used by us to distinguish Unique An E-Boutique, its brand, and the services from those of others. The Site may also contain references to other entities' trademarks and service marks, but such references are for identification purposes only. We do not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display any trademarks you do not own without our prior written consent, or the consent of the owner of such mark, its brand, and the services from those of others. 

 

7. Media Use of Multimedia Files
 
Unique An E-Boutique maintains a library of multimedia files for informational purposes only by news media.  All other uses of Unique An E-Boutique’s multimedia files, including for commercial, personal, or malicious purposes, are strictly prohibited. 

 

8. Acceptable Use of Our Site
 
By accessing the Site, you agree that you will not (and will not permit or encourage others to): 
(1) Use the Site or Content in violation of any applicable law, regulation, or ordinance;
(2) Conduct fraudulent activities on the Site;
(3) Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the Site or the Content for any commercial purpose without the express written consent of Unique An E-Boutique;
(4) Transmit, copy, or download any Content (in whole or in part) for the benefit of any other merchant;
(5) Use or attempt to use any software, tool, agent, robot, spider or other similar data mining, scraping and extraction tools to navigate, search, or crawl the Site;
(6) Tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;

(7) Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.

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9. Submissions

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You are solely responsible for any information that you submit to us. By using the Site you agree not to submit or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy the Site or that infringes on the rights (including any intellectual property rights) of others. We reserve the right (but assume no obligation) to monitor, delete, move, or edit any submissions that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will comply with all requirements of the law regarding disclosure to third parties of any submissions you make to us, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of the Site. By submitting or posting content on the Site, you grant Unique An E-Boutique, and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content on the Site and on third-party sites.

 

10. Changes to the Site and Termination
 
We have the right, in our sole discretion, to terminate, change, or suspend (temporarily or permanently) any aspect of our Site, at any time, without notice or liability to you. Additionally, we reserve the right to restrict, suspend or terminate your use of and/or access to the Site, at any time, and for any reason, without notice or liability to you. 

 

11. Errors, Inaccuracies, Availability

 

We attempt to display the product images shown on the Site as accurately as possible. However, we cannot guarantee that the color you see matches the actual product color, as the display of the color depends, in part, upon the monitor you are using. Prices and availability of products displayed on the Site are subject to change without notice and may vary from the prices and availability of products within our stores. Unique An E-Boutique seeks to describe, and display its products accurately on the Site. However, you understand and acknowledge that despite these efforts, our Site may contain errors, may be missing information, or may not be current. We reserve the right to correct any errors or omissions, and to update information at any time without notice or liability to you.

 

12. Promotions

 

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Site and created by the Company may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules. We are not responsible for promotions from third-party affiliates. Please refer to their terms and conditions.

 

13. Disclaimers

 

WE PROVIDE THE USE OF THE SITE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". YOU AGREE THAT ANY USE OF AND RELIANCE UPON THE SITE (INCLUDING ANY AND ALL OF THE INFORMATION, CONTENT, AND/OR MATERIALS CONTAINED THEREIN) BY YOU IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO (AND SPECIFICALLY DISCLAIM ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT ANY CONTENT YOU UPLOAD TO THE SITE WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSION, AND AS A CONSEQUENCE SUCH EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

14. Limitations of Liability
 
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Unique An E-Boutique, IT'S SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Unique An E-boutique's MAXIMUM AGGREGATE LIABILITY AND THAT OF OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL BE LIMITED TO FIFTY U.S. DOLLARS ($50.00). THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF A FAILURE OF THE ESSENTIAL PURPOSE OF ANY OTHER REMEDY. THE PARTIES AGREE THAT THE ABOVE PROVISIONS FAIRLY ALLOCATE THE RISK BETWEEN THE PARTIES, WITHOUT WHICH THEY WOULD NOT HAVE ENTERED INTO THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS, AND AS A CONSEQUENCE THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU BUT ONLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
 
15. Third Party Notices

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Portions of our Site may utilize the following copyrighted material of third party vendors (collectively, the "Third Party Vendors"), the use of which is hereby acknowledged. Your use of the Site may be directly or indirectly subject to the following Third Party Vendors' term's and conditions depending on you. This list is up to date at the time of publishing:

 

a. Wix 
b. Google, Google Adsense,
c. Upsplash

d. PayPal/PayPal Gifts/PayPal Here

e. Modalyst

f. Facebook/Instagram

g. Pinterest

h. Twitter

i. Shuttershock

h. Amazon Associates

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16. Indemnification

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You agree to indemnify and hold harmless Unique An E-Boutique, its subsidiaries, affiliates, subcontractors, suppliers, and partners, and all of their respective officers, directors, employees, agents, or licensors, against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including all associated costs, expenses and reasonable attorneys' fees) due to or arising out of your actual or alleged breach of the Terms or unauthorized access to or use of the Site.

 

17. Governing Law and Dispute Resolution
 
These Terms shall be governed by and interpreted in accordance with the laws of Arizona, without regard to its principles regarding conflicts of law or your state or country of residence. You and Unique An E-Boutique agree that all claims, legal proceedings or litigation arising in connection with the Site will be brought solely before an arbitrator in Yavapai County, Arizona, and hereby irrevocably submit to, and waive any objection to arbitration.

 

18. Copyright Complaints
 
We respect the intellectual property rights of others and will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Pursuant to the Digital Millennium Copyright Act of 1998, 17 U.S.C. 512(c)(2), Please contact our agent of alleged copyright infringement in connection with the Site at:

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ATTN: DMCA Agent
Unique An E-Boutique
5830 W Thunderbird Rd
Suite B8-1070
Glendale, AZ 85306
or Fax 602-298-9782 Attn:1070  DMCA Agent

 

To file a notice of infringement with Unique An E-Boutique, the requirements specified in Title II of the Digital Millennium Copyright Act of 1998 must be fulfilled. The text of this statute can be found at the U.S. Copyright Office website.

 

19. Miscellaneous

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These Terms, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Unique An E-Boutique with respect to the Site, and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. You may not assign, transfer, or otherwise dispose of your rights and obligations under these Terms, in whole or in part, at any time. Our failure to enforce any of the provisions of the Terms or to exercise any rights or remedies under the Terms will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision, right or remedy in that or any other instance. If any provision of the Terms is held to be invalid, illegal or unenforceable, such provision shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of you and Unique An E-Boutique , and that the remaining provisions shall remain in full force and effect.

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Updated  January 12/2021