TERMS OF SERVICE

Western Kids Emporium - Little Cowgirls & Cowboys - Terms of Service

Last Updated: 12/12/23

Introduction

Welcome to Western Kids Emporium- Little Cowgirls & Cowboys. This Site is owned and operated by Western Kids Emporium- Little Cowgirls & Cowboys, LLC (“Company”). These Terms and Conditions (“Terms″) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, licensing, intellectual property, and additional contractual terms. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.

By using the Site, you consent and agree to the following:

Consent and Capacity

In order to use our services, you must be at least eighteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with Western Kids Emporium- Little Cowgirls & Cowboys, LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them.

Intellectual Property Rights

Western Kids Emporium- Little Cowgirls & Cowboys, LLC’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Western Kids Emporium- Little Cowgirls & Cowboys, LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights.

Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms.

Disclaimer

THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS, LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, WESTERN KIDS EMPORIUM- LITTLE COWGIRLS & COWBOYS’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Western Kids Emporium- Little Cowgirls & Cowboys, LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement.

Right to Refuse Service

Western Kids Emporium- Little Cowgirls & Cowboys, LLC reserves the right to refuse service to anyone for any reason at any time.

Choice of Law

These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of Florida. Each party agrees to submit to the courts of the state of Florida and that the state of Florida has personal jurisdiction over the matter.

Dispute Resolution

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated.

YOU AGREE TO WAIVE ANY AND ALL RIGHTS TO A JURY TRIAL YOU MAY HAVE IN ANY AND ALL JUDICIAL PROCEDURES AND PROCEEDINGS RELATED TO ANY DISPUTE ARISING FROM YOUR USE OF THE SITE UNDER THESE TERMS.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

Contract Terms for Agreements with Western Kids Emporium- Little Cowgirls & Cowboys, LLC

Following execution of an agreement with Western Kids Emporium- Little Cowgirls & Cowboys, LLC, Client is entering into an agreement with Company to abide by the terms outlined in Company’s product listings, pricings, shipping policies, and privacy policy. Company shall not be responsible for any additions or changes to the agreement, without receiving the appropriate compensation agreed to by both the Company and Client. Changes must be agreed to in writing by both the Client and Company.

Customer Account Membership

Client may be asked to create a customer account to access certain parts of the Site. Client is responsible for their log in information including username and password. Client shall be responsible for all orders and actions taken using their applicable customer account. Client shall notify Company, within 5 business days, of any intent to proceed with a charge back or credit card dispute. Client shall be responsible for all fees and costs incurred by Company for such charge back or credit card dispute.

Severability

If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible.

Changes to These Terms

We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.

If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at EMAIL ADDRESS info@westernkidsemporium.com.