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By using services provided from the
domain and sub-domains of http://www.urnshopper.com/
(the "Site"), including making
online orders and purchases from UrnShopper.com,
you are agreeing to the following terms,
without limitation, of this “User
Agreement.” If you do not agree
with any part of the following terms
and conditions, do not use this Web
site. These terms apply to all orders,
all purchases and all sales, whether
made through the Web site or otherwise.
Before you may place orders to purchase
merchandise online from UrnShopper.com,
you must read and accept all of the
terms contained in this User Agreement
and the Online
Ordering Policy.
This User Agreement is effective on
September 1, 2009, for all existing
customers and all existing users of
the Web site and will be effective,
upon acceptance for all customers and
all new users of the Web site or otherwise. |
| Online
Purchases, Sales and Orders |
You may make purchases and order from
www.urnshopper.com only in accordance
with the Online
Ordering Policy.
In addition, you represent and warrant
to UrnShopper.com that you have both
legal capacity and sufficient knowledge
to make informed decisions to purchase
from us. You expressly acknowledge that
you are making all of your own decisions
in connection with purchases and that
UrnShopper.com is not making any recommendation
with respect to such purchases. |
UrnShopper.com specifically disclaims
any liability or responsibility for
(a) orders placed via our online order
entry system for any loses or direct,
indirect, consequential or incidental
damages which you may recognize or incur
as a result of the use of the online
order entry system. Further, UrnShopper.com
specifically disclaims any liability
for the interruption, cancellation or
other termination of the online order
entry system.
Limitation of liability
All orders placed through the online
order entry system are taken on a best-efforts
basis. UrnShopper.com shall not be responsible
for errors, negligence or inability
to execute orders. Nor shall UrnShopper.com
be responsible for any delays in the
transmission, delivery or execution
of customer's order due to breakdown
or failure of transmission or communication
facilities, or to any other cause or
causes beyond our reasonable control
or anticipation.
Possible system failure
Order entry systems have been designed
to provide an efficient and dependable
method for entering orders. Commercial
Internet service providers are not 100%
reliable and a failure by one or more
of these providers may affect Internet-based
order entry. The customer acknowledges
that the order entry system is a mechanical
system and as such may be subject to
failure beyond the control of UrnShopper.com.
The customer acknowledges having read
and understands the order entry system
risk disclosure and disclaimer.
Use of "cookies"
A cookie is a small data file that certain
Web sites write to your hard drive when
you visit them. A cookie file can contain
information such as a user ID that the
site uses to track the pages you've
visited. But the only personal information
a cookie can contain is information
you supply yourself. A cookie can't
read data from your hard disk or read
cookie files created by other sites.
UrnShopper.com uses cookies within our
online order entry system. Any information
stored in the cookie will be terminated
upon closure of the Web browser.
If you are having problems using the
Shopping Cart feature, please check
your browser settings and/or any kind
of cookie blocker you may have installed
on your system and make sure it is allowing
our Web site to set a cookie on your
browser. This is the most common problem
customers have when they are not able
to log in to Web sites. |
| You shall indemnify and hold harmless
UrnShopper.com and its affiliates, directors,
officers and shareholders from and against
any and all costs, damages, expenses,
liabilities and obligations, including,
without limitation, reasonable attorneys’
fees, that you may incur as a result
of, or in connection with, (a) any breach
of any representation or warranty made
by you to UrnShopper.com or (b) your
failure to comply with this User Agreement
or the policies adopted by us. |
You are subject to the limitations
of liability contained in this User
Agreement and the other policies adopted
by UrnShopper.com
In the event that, notwithstanding such
limitations of liability, UrnShopper.com
is determined to be liable to you in
connection with any transaction between
UrnShopper.com and you pursuant to this
User Agreement, the liability of UrnShopper.com
to you shall be limited to the greater
of (a) the amount, if any, that you
paid in such transaction or (b) $100.
UrnShopper.com shall not, in any event,
be liable for any consequential, exemplary
or indirect damages. |
| UrnShopper.com has adopted the Privacy
Policy, which you are encouraged
to access and to read carefully. |
UrnShopper.com has adopted the Privacy
Policy and the Online
Ordering Policy and may, from time
to time, adopt other policies in connection
with the Web site and your use of the
Web site, as well as purchases from
UrnShopper.com. All of these policies
may be amended or terminated, at any
time and from time to time, by UrnShopper.com
and such amendments and such terminations
will take effect when posted on the
Web site.
By purchasing from or ordering from
UrnShopper.com, through the Web site
or otherwise, you are subject to such
policies, with which you hereby agree
to comply. |
| Either UrnShopper.com or you may terminate
this User Agreement, with or without
cause, at any time by written notice
to the other party. The termination
of this User Agreement shall not affect
the rights and the obligations of UrnShopper.com
and you with respect to the period prior
to the termination. |
| Default;
Rights and Remedies |
| Upon any failure by you to comply
with your obligations to UrnShopper.com,
UrnShopper.com shall have all of the
rights and the remedies available to
UrnShopper.com whether at law, in equity
or otherwise, including, without limitation,
rights and remedies under this User
Agreement. Without limiting its rights
and its remedies, UrnShopper.com may
turn your order over to a collection
agency or a lawyer for collection. No
delay or failure on the part of UrnShopper.com
in exercising any right or any remedy
shall operate as a waiver of that right
or that remedy and no single or partial
exercise by UrnShopper.com of any right
or any remedy shall preclude other or
further exercise of that right or that
remedy or the exercise of any other
right or any other remedy. |
| The sole relationship between UrnShopper.com
and you is a purchaser-seller relationship.
No agency, partnership, joint venture,
employee-employer or franchiser-franchisee
relationship is created by this User
Agreement. |
| You may not assign this User Agreement
or any of your rights or your obligations
under this User Agreement without the
prior written consent of UrnShopper.com,
which may be granted or withheld by
UrnShopper.com in its sole discretion.
This User Agreement shall be binding
on all permitted assigns and successors
of UrnShopper.com and you. |
| Costs
and Expenses of Collection |
| In the event that UrnShopper.com must
take any action against you to enforce
your obligations under this User Agreement,
including, without limitation, turning
your account over to a collection agency
or a lawyer for collection, you shall
pay all of the costs and the expenses
incurred by UrnShopper.com, including,
without limitation, reasonable attorneys’
fees, in connection with such action. |
It is the common goal of UrnShopper.com
and you that any disagreement or dispute
between UrnShopper.com and you be resolved
expeditiously. UrnShopper.com and you
agree that all disagreements and disputes
between UrnShopper.com and you be resolved
in accordance with the following paragraphs:
Forum Selection
This Agreement and its performance shall
be governed by the laws of the Commonwealth
of Pennsylvania. You consent and submit
to the exclusive jurisdiction of the
Luzerne County Court of Common Pleas,
located in Wilkes-Barre, Luzerne County,
Pennsylvania, United States of America;
and United States Federal District Court
located in Scranton, Lackawanna County,
Pennsylvania, United States of America,
in all questions and controversies arising
out of your use of the Site and this
Agreement. Any claim or cause of action
arising from or relating to your access
or use of this Site, to the extent allowed
by applicable law, must be brought within
two (2) years from the date on which
such claim or action arose. You hereby
consent to the personal jurisdiction
of those federal and state courts for
the purpose of resolving such disagreements
and such disputes and waive all objections
to the jurisdiction of such federal
and state courts.
Governing Law
This User Agreement shall be governed
by, and interpreted in accordance with,
the laws of the Commonwealth of Pennsylvania,
without regard to conflict of laws principles. |
| Waiver
of Jury Trial; Arbitration |
BOTH URNSHOPPER.COM AND YOU HEREBY
WAIVE THEIR RIGHT TO TRIAL BY JURY IN
CONNECTION WITH ANY DISAGREEMENT OR
DISPUTE RESULTING FROM, OR IN CONNECTION,
THIS USER AGREEMENT AND THE TRANSACTIONS
UNDER THIS USER AGREEMENT.
Both UrnShopper.com and you also waive
any arbitration requirements to which
they might otherwise be subject. |
| If UrnShopper.com can not perform
any obligation hereunder as a result
of any event that is beyond its control,
the delay or failure to perform such
obligation shall be excused and UrnShopper.com
shall not be liable for any damages
as a result of, or in connection with,
such delay or such failure. |
| You shall execute and deliver such
other documents and take such other
actions as may be reasonably requested
by UrnShopper.com to carry out this
User Agreement. |
| Except as otherwise provided in this
User Agreement, all notices and other
communications to UrnShopper.com shall
be directed to the UrnShopper.com "contact
us" email address. |
| A decision or a failure by UrnShopper.com
to take action with respect to any non-compliance
with this User Agreement does not affect
the ability of UrnShopper.com with respect
to any other non-compliance with this
User Agreement, whether of a similar
or dissimilar nature. |
| Section
and Sub-section Headings |
| The section and sub-section headings
are included for ease of reference and
do not affect the interpretation or
the scope of this User Agreement. |
| This User Agreement is intended to
be enforceable to the fullest extent
permitted by applicable law. If any
term of this User Agreement is held
to be unenforceable for any reason,
such unenforceability shall not affect
the other terms of this User Agreement
and the term that would otherwise be
unenforceable shall be enforced to the
fullest extent that it would be enforceable.
|
| UrnShopper.com may amend this User
Agreement at any time by posting the
amended terms on the Web site. Except
as otherwise provided in the User Agreement,
the amended terms will become automatically
effective 30 days after their initial
posting on the Web site. This User Agreement
may not be otherwise amended. |
This User Agreement sets forth the
entire understanding between UrnShopper.com
and you with respect to the subject
matter of this User Agreement.
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