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Conditions of Use

Terms of Agreement

General

Welcome to the Vivid Earth Tie Dyes Web site. We've prepared the terms and policies included on this and other Customer Service Pages to help make your online shopping experience as enjoyable and problem-free as possible. Using our Web site means you accept these terms and policies. If you do not agree to these terms, please do not use this website. Vivid Earth may, in its sole discretion, change these terms and policies from time to time. Using our site after any changes means you accept any such changes. Therefore, you should periodically visit this and the other Customer Service Pages to review the most current terms and policies.

Site Contents Ownership

This Web site is expressly owned and operated by Vivid Earth. Unless otherwise noted, the design and content featured on this Web site, including illustrations, clothing and other product designs, icons, navigational buttons, images, artwork, graphics, photography, text, audio and video clips or content, software and the like, are owned by Vivid Earth (or are used under license to Vivid Earth). This Web site, as a whole, is protected by copyright, trademark, trade dress, intellectual property and other applicable laws. All worldwide rights are reserved.

The Vivid Earth Web site and its content are intended solely for your personal, noncommercial use. Of course, purchasing merchandise from our site is a permitted personal, noncommercial use. Any use of our Web site or its content other than for personal, noncommercial purposes is prohibited. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or commercially exploit in any way, in whole or in part, any of the content of the site, or the site as a whole, or any related software. However, you may download or electronically copy and print any of the content displayed on our site for your personal, noncommercial use. If you download, copy, or forward via email any part of the site content, no right, title, or interest in those materials is transferred to you. Printed or other copies of any information copied from our Web site must include the Vivid Earth copyright notice.

Trademarks

From time to time, Vivid Earth may make fair use in this Web Site of trademarks owned and used by third parties. Vivid Earth makes no claim to ownership of these marks. Please be aware that other trademarks, product names, company names, and corporate identities (besides Vivid Earth) are the property of their individual owner-companies.

Product Display

Please understand that we have made every effort to display the products featured on our Web site as accurately as possible. However, the colors we use, as well as the display and color capabilities of your particular computer monitor, will affect the colors you actually see on the screen. Vivid Earth is not responsible for the limitations of your monitor and cannot guarantee that your monitor's display of any color, texture, or detail of merchandise will be accurate. If you are unhappy with your purchase for any reason, you may simply return the item. See Returns for more details.

Product Availability

In order to keep our site current with our latest fashion ideas, we frequently change the merchandise offered for sale. We reserve the right to make changes in the merchandise without prior notice. Also, please understand that many of our featured items are available in limited quantities. This means that we cannot guarantee that an item displayed on a previous visit will still be available when you visit again. In some cases, once an item is gone, it may be gone forever. In some cases, an item shown on our Web site may be out of stock (temporarily or permanently). When an item featured on our Web site is no longer in stock, we will take reasonable steps to remove that item from the Web site. If you cannot locate an item you saw on a previous visit to our site, please contact us at 1.800.233.5416 and we'll see if it's possible to find the item you desire.

Merchandise and Other Errors

Vivid Earth attempts to provide the most recent, accurate and reliable information on our Web site. However, there may be occasions when information featured on our site may contain incomplete data, typographical errors, inaccuracies as to merchandise size, price, color or other matters, or an item that is no longer in stock. Vivid Earth does not warrant that the information accessible via this Web site is accurate, complete or current. Any errors are unintentional and we apologize if erroneous information is reflected in merchandise price or item availability, or in any way affects your individual order. Vivid Earth reserves the right to correct errors and to update product information at any time.

Product Pricing and Payment Policy

The prices displayed on this Web site are quoted in U.S. currency and as such are valid only in the United States. Prices are subject to change at any time.

Submissions

Although we will make every effort to respond quickly to applicable email messages, Vivid Earth is under no obligation to respond to any correspondence received through this site, to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions.

While we welcome your comments and feedback regarding our Web site, our merchandise, and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Web site or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted will become our property. Any disclosure or submission you make constitutes a full release of all proprietary claims and intellectual or other property rights regarding your submission.

As a user of this Web site, you are responsible for your own communications and are responsible for any and all consequences of their posting. Therefore, you are prohibited from doing any of the following: transmit to us material that is copyrighted, unless you are, or have permission of, the copyright owner to post it; send material that reveals trade secrets, unless you own or have permission of the owner to transmit the trade secret information to us; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is harassing, threatening, obscene, defamatory, abusive, hateful, or embarrassing to any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Vivid Earth reserves the right to expel users and prevent their further access to this Web Site violating these terms or the law and reserves the right to remove any communications from this Site.

Technology Issues

Given the unpredictability of technology and the online environment, Vivid Earth does not promise you that the function or operation of this Web site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements.

Limitation of Liability

Vivid Earth does not warrant that the Web Site will operate error-free or that the Web Site and its server are free of computer viruses or other harmful material. If your use of the Web Site or the site's material results in any costs or expenses, including, without limitation, the need for services or replacing equipment or data, Vivid Earth shall not be responsible for those costs or expenses. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. VIVID EARTH, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ALTHOUGH VIVID EARTH STRIVES TO PROVIDE THOROUGH AND ACCURATE MATERIALS ON ITS SITE, WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEST, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

In no event shall Vivid Earth, its affiliates, or any third parties mentioned on the site be liable for any damages whatsoever (including, without limitation, incidental, consequential or punitive damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use material on this Web Site or sites linked to this Web Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not Vivid Earth is advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify and hold Vivid Earth harmless from and against any and all claims, damages, costs and expenses, including attorney's fees, arising from or related to your use of the site.

Links

This Web Site may contain links to web sites owned by third parties. These links, if any, are provided solely as a convenience to you and are not an endorsement by Vivid Earth of the contents on those other sites. Vivid Earth is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If you decide to visit any third-party sites using links from this Web Site, you do so at your own risk.

Export Controls

Software and content from this site is subject to United States Export Controls. No software or content from this site may be downloaded or exported (1) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (2) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using content from this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or table.

Amendments to Customer Service Pages

Vivid Earth may at any time revise these Terms or the policies appearing in the other Customer Service Pages by updating this posting. By visiting and using our Web site, you agree to be bound by any such revisions. Therefore, periodically visit this and the Other Customer Service Pages to review the current terms and policies.

Termination

This Agreement is effective unless and until terminated by either party. Vivid Earth may terminate this Agreement at any time, may do so immediately and without notice if in Vivid Earth sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Vivid Earth, Vivid Earth may deny you access to our web site and you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the terms of this Agreement or otherwise.

Dispute Resolution

In the event of any dispute regarding anything related to this Web Site, you agree that any such dispute must be resolved in arbitration pursuant to the rules of the American Arbitration Association in lieu of any action in a court of law or a court sitting in equity, AND YOU SPECIFICALLY WAIVE ANY RIGHT TO A TRIAL BY JURY. Venue for the arbitration shall be located in Miami County, Ks and the Kansas law shall apply to any such dispute.

Copyright © 1993-2012 Vivid Earth Tie Dyes, All rights reserved.

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