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Privacy Policy
By visiting our website, at www.momentspicks.net or by sending e-mails to a momentspicks.net email address, you agree that all communications provided by email or posted on this site are accepted for legal purposes as in writing.
Refund Policy
All sales are final. No refunds.
Copyrights and Trademarks
All content included on www.momentspicks.net whether text, graphics, logos, button icons, images or software, is the property of Moments Picks and protected by United States and international copyright laws. The entirety of all content on this site is the exclusive property of Moments Picks and protected by U.S. and international copyright laws. All software used on this site is the property of Moments Picks or its software suppliers and protected by United States and international copyright laws.
"Moments Picks" and other marks indicated on our site are trademarks of Moments Picks in the United States and other countries. Moments Picks graphics, logos, page headers, button icons, scripts, and service names are trademarks of Moments Picks. Moments Picks' trademarks may not be used in connection with any product or service that is not Moments Picks', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Moments Picks. All other trademarks not owned by Moments Picks that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moments Picks.
Usage License
Moments Picks grants a limited license to access and make personal use of www.momentspicks.net and not to download (other than normal browser usage and caching) or modify it, or any portion of it, except with express written consent of Moments Picks. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Moments Picks. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Moments Picks without express written consent. You may not use any meta tags or any other "hidden text" utilizing Moments Picks' name or trademarks without the express written consent of Moments Picks. Any unauthorized use terminates the permission or license granted by Moments Picks. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Moments Picks so long as the link does not portray Moments Picks or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Moments Picks logo or other proprietary graphic or trademark as part of the link without express written permission.
Moments Picks Software End User License
Risk of Loss during Shipment
All items purchased from Moments Picks are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Product Descriptions and Pricing
Moments Picks attempts to be as accurate as possible. However, Moments Picks does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Moments Picks itself is not as described, your sole remedy is to return it in unused condition, per the posted shipping/return procedures.
With respect to items sold by Moments Picks, we cannot confirm the price of an item until your order is confirmed by our shipping department. If an error regarding pricing occurs, we will do one of the following: If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
ELECTRONIC COMMUNICATIONS
When you visit www.momentspicks.net or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY MOMENTS PICKS ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOMENTS PICKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOMENTS PICKS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOMENTS PICKS DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOMENTS PICKS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOMENTS PICKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
State of Pennsylvania Law
By visiting Moments Picks, you agree that the laws of the state of Pennsylvania, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Moments Picks or its affiliates.
Disputes
Any dispute relating in any way to your visit to Moments Picks or to products you purchase through Moments Picks shall be submitted to confidential arbitration in Reading, PA except that, to the extent you have in any manner violated or threatened to violate Moments Picks' intellectual property rights, Moments Picks may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your visit to Moments Picks. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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