OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to the ARLEEN FASHIONS web site located at www.arleenfashions.com (the “Site”). The Site is the property of ARLEEN FASHIONS.
By using the site, you agree to these terms of use; if you do not agree, do not use the site.
Arleen Fashions reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, ARLEEN FASHIONS grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to ARLEEN FASHIONS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ARLEEN FASHIONS express prior written consent.

YOUR USE OF THE SITE

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ARLEEN FASHIONS, including any ARLEEN FASHIONS Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ARLEEN FASHIONS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ARLEEN FASHIONS or others.

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
ARLEEN FASHIONS obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
ARLEEN FASHIONS may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and ARLEEN FASHIONS makes no commitment to update the materials on the Site with respect to such products and services.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

PRIVACY

ARLEEN FASHIONS Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

ACCOUNTS, PASSWORDS & SECURITY

Certain features or services offered on or through the Site may require you to open an Account (including setting up an ARLEEN FASHIONS username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify ARLEEN FASHIONS immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by ARLEEN FASHIONS or any other user of or visitor to the Site due to someone else using your ARLEEN FASHIONS username, password or account as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s ARLEEN FASHIONS username, password or account at any time without the express permission and consent of the holder of that ARLEEN FASHIONS ID, password or account. ARLEEN FASHIONS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

DISCLAIMERS

ARLEEN FASHIONS does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an “as-is” and “as-available” basis. All information provided on the site is subject to change without notice. ARLEEN FASHIONS cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. ARLEEN FASHIONS disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. ARLEEN FASHIONS disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any ARLEEN FASHIONS services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against ARLEEN FASHIONS for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
ARLEEN FASHIONS reserves the right to do any of the following, at any time, without notice:
to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;
to modify or change the Site, or any portion of the Site, and any applicable policies or terms;
to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will ARLEEN FASHIONS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ARLEEN FASHIONS has been advised of the possibility of such damages.

INDEMNITY

You agree to indemnify and hold ARLEEN FASHIONS, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against ARLEEN FASHIONS by any third party due to or arising out of or in connection with your use of the Site.

VIOLATIONS OF THESE TERMS OF USE

ARLEEN FASHIONS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ARLEEN FASHIONS’s rights or property, or the rights or property of visitors to or users of the Site, including ARLEEN FASHIONS’s customers. ARLEEN FASHIONS reserves the right at all times to disclose any information that ARLEEN FASHIONS deems necessary to comply with any applicable law, regulation, legal process or governmental request. ARLEEN FASHIONS also may disclose your information when ARLEEN FASHIONS determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ARLEEN FASHIONS may preserve any transmittal or communication by you with ARLEEN FASHIONS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ARLEEN FASHIONS determines that such preservation or disclosure is reasonably necessary to comply with legal process enforce these Terms of Use respond to claims that any such data violates the rights of others protect the rights, property or personal safety of ARLEEN FASHIONS, its employees, users of or visitors to the Site, and the public.
You agree that ARLEEN FASHIONS may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to ARLEEN FASHIONS, for which monetary damages would be inadequate, and you consent to ARLEEN FASHIONS obtaining any injunctive or equitable relief that ARLEEN FASHIONS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ARLEEN FASHIONS may have at law or in equity.
You agree that ARLEEN FASHIONS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) requests by law enforcement or other government agencies a request by you (self-initiated account deletions) discontinuance or material modification of the Site or any service offered on or through the Site unexpected technical issues or problems.
If ARLEEN FASHIONS does take any legal action against you as a result of your violation of these Terms of Use, ARLEEN FASHIONS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ARLEEN FASHIONS. You agree that ARLEEN FASHIONS will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

GOVERNING LAW; DISPUTE RESOLUTION

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Canada and by the laws of the province of British Columbia without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the city and provincial courts in City of Surrey British Columbia, Canada and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between ARLEEN FASHIONS and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

VOID WHERE PROHIBITED

ARLEEN FASHIONS administers and operates the www.arleenfashions.com Site from its location in British Columbia, Canada. ARLEEN FASHIONS reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

The information contained in this web site is subject to change without notice.