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Terms Of Use Fussy-Shopper's Terms of Use


Terms of Use:

Fussy-Shopper has taken every effort to design our Web site to be useful, informative, helpful and honest. Hopefully we've accomplished that - and would ask that you let us know if you'd like to see improvements or changes that would make it even easier for you to find the products and information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them.

Naturally, if you don't agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your use and continued use of the fussy-shopper.com Web site means that you accept those changes.
 

Agreement:

Any agreement for the purchase of goods from Fussy-Shopper.com and the Customer shall be subject to these Terms and Conditions. By placing an order, customer consents to and agrees to abide by any and all of the following Terms and Conditions.

Order Acceptance:

An order is not binding upon Fussy-Shopper.com until it is accepted; Fussy-Shopper.com must receive payment before it will accept an order. We reserve the right to decline the acceptance of any orders.

Payment Terms:

Payment for product(s) ordered is due prior to shipment. Customer can make payment by credit card, or some other prearranged method of prepayment with Fussy-Shopper.com. You agree to pay the amount(s) due as specified on the invoice.

Payment methods:

Pay Pal is Fussy-Shopper's credit card processor, and they accept the credit cards listed below. Also, prepayment may be made as prescribed below.

    Visa
    Mastercard
    Discover
    American Express
    PayPal
    Pre-paid company check, personal check, cashier's check or money order (Note: Pre-paid methods, including cashier's checks, take slightly longer to process because all payments must first clear with the bank due to the risk of fraudulent checks.)
    No Purchase Orders, Fax or C.O.D. orders please. We do not accept international credit cards at this time.

Prices:

Web site prices are updated daily (Monday-Friday; holidays excluded) and are current to the best of our knowledge when posted. However, because of the dynamic nature of the computer industry, some products, prices, manufacturer promotions or offers may change before we are able to update and post the information on this web site. In the event of an unexpected cost increase or other change, we will contact you to determine whether you want to continue your order at the new price or cancel your order. We reserve the right to decline the acceptance of any orders.

Returns:

Product returns are subject to manufacturer restrictions and restock fees. Not all products are eligible for return. Customer agrees to follow the Fussy-Shopper.com Return Policy to request a Return Merchandise Authorization Number (RMA number) from Fussy-Shopper.com before attempting to return any products.

For complete return information and procedures read:  Return Policy

Taxes:

Fussy-Shopper.com is currently a State of Michigan E-Commerce store with products offered for sale online.

    At this time, any products sold directly by fussy-shopper.com, in the state of Michigan,  will be subject to 6% Michigan State Sales Tax, which will be properly collected at the time of purchase, and paid to the State of Michigan by fussy-shopper.com.

    Additionally, you are solely responsible for any and all other taxes, beyond Michigan Sales Tax, to include but not limited to Use Tax.

Website Content:

Fussy-Shopper.com makes no warranty of any kind with respect to the information posted on this web site. While Fussy-Shopper.com makes every effort to ensure the accuracy of the data, this web site could include typographical errors and technical inaccuracies, and on occasion photos may not represent actual products.

Warranty:

Manufacturer warranties apply to your purchase. Fussy-Shopper.com disclaims all other warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose.


Claims:

If Customer makes any claims against Fussy-Shopper.com, Customer agrees that the venue for such claims will be in the County of Ingham, Lansing, Michigan, USA.


LIMITATION OF LIABILITY:

IN ALL CIRCUMSTANCES FUSSY-SHOPPER.COM'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS SOLD. FUSSY-SHOPPER.COM SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FUSSY-SHOPPER.COM SHALL NOT BE LIABLE FOR THIRD PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNCTION, DELAYS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FUSSY-SHOPPER.COM HAS BEEN MADE AWARE OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.

FUSSY-SHOPPER.COM WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

    USE OF (OR INABILITY TO USE) THE SITE
    USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
    FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
    ERROR ON OUR SITE
    OMISSION ON OUR SITE
    INTERRUPTION OF AVAILABILITY OF OUR SITE
    DEFECT ON OUR SITE
    DELAY IN OPERATION OR TRANSMISSION OF OUR SITE DO TO COMPUTER VIRUS OR LINE FAILURE

PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING: DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "CONSEQUENTIAL DAMAGES.") OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS "INCIDENTAL DAMAGES.")

WE ARE NOT LIABLE EVEN IF WE'VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH. EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE "INCIDENTAL" OR "CONSEQUENTIAL" DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES. HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY'RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID, IF ANYTHING, TO ACCESS OUR SITE.

Links to Other Sites. We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a fussy-shopper.com-operated site or have moved to another site. fussy-shopper.com is not responsible for the content or practices of third party sites that may be linked to our site. When fussy-shopper.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that fussy-shopper.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any fussy-shopper.com site or endorsement, sponsorship or support of fussy-shopper.com, including its respective employees, agents or directors.


Restrictions on Use of Our Online Materials:

All Online Materials on the fussy-shopper.com site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property.

All usage rights are owned and controlled by fussy-shopper.com.

You, the visitor, may download Online Materials for non-commercial, personal use only provided you:

1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.

You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the fussy-shopper.com site.

Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by fussy-shopper.com or third-party licensors for your personal, non-commercial home use only.

We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You're not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us. All remarks, suggestions, ideas, graphics, comments, or other information that you send to fussy-shopper.com through our site (other than information we promise to protect under our privacy policy becomes and remains our property), even if this agreement is later terminated.

That means that we don't have to treat any such submission as confidential. You can't sue us for using ideas you submit. If we use them, or anything like them, we don't have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our fussy-shopper.com mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.


Jurisdiction and Other Points to Consider:

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Michigan, USA , as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate fussy-shopper.com and/or its affiliates' intellectual property rights, fussy-shopper.com and/or its affiliates may seek injunctive and/or other appropriate relief in any state or federal court in the State of Michigan, USA , and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: The County of Ingham, Lansing, Mi, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: The County of Ingham, Lansing, Mi, USA , under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Modification of these Terms:

Fussy-Shopper.com may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.


Termination of This Agreement:

This agreement is effective until terminated by either party. You may terminate this agreement at any time, by destroying any and all materials obtained from any and all fussy-shopper.com Web site pages, along with all related documentation and all copies and installations. fussy-shopper.com may terminate this agreement at any time and without notice to you, if, in its sole judgment, you breach any term or condition of this agreement. Upon termination, you must destroy all materials. In addition, by providing material on our Web site, we do not in any way promise that the materials will remain available to you. And fussy-shopper.com is entitled to terminate all or any part of any of its Web site without notice to you.

Happy Fussy Shopping!!!

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