The Mary Engelbreit Store Online User Agreement

Effective July 1, 2003

This website, currently located at shop.maryengelbreit.com, as well as all services related to this website (collectively, the “Site”) is offered to you, the user, (“you” or “user”) by The Mary Engelbreit Store and Mary Engelbreit Studios, Inc. (“ME,” “us,” “our,” or “we”). The terms and conditions set forth in this User Agreement shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by this User Agreement. If you do not agree to this User Agreement, in whole or in part, please do not use this Site.

General
We reserve the right to change or discontinue any content or feature of the Site, or impose, change or modify the terms and conditions of this User Agreement. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, (2) provide such notice via e-mail to customers and others who provide us with their e-mail address, or (3) take such other action as we deem appropriate under the circumstances. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. You agree to review this User Agreement periodically to be aware of such changes or revisions.

User Accounts
In order to utilize the e-commerce capabilities of this Site, you will need to establish an online account with The Mary Engelbreit Store. By setting up your user account, you agree to (1) provide accurate, current, and complete information about yourself as prompted by the appropriate registration form, (2) maintain and update your information to keep it accurate, current and complete, and (3) comply with this User Agreement. You may review, correct, change or update your account information by visiting the “My Account” section of the Site or by e-mailing our customer service at mestore@maryengelbreit.com. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right, at our sole discretion, to suspend or terminate your account.

As part of the “My Account” registration process, you will be asked to select an account user name and password, which you will use each time you login to your account. You may not choose a user name that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion. We reserve the right to reject any account user name at our sole discretion. You agree not to transfer or resell your use of or access to the Site or permit anyone else whose account was suspended or terminated to use the Site through your account, user name or password. If you have reason to believe that your password is no longer secure, you must promptly change your password by updating your account information, and immediately notify us by e-mailing us at mestore@maryengelbreit.com. You are solely responsible for maintaining the confidentiality of your account user name and password for any and all activities (including purchases) that are conducted through your account.

Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes and games on the Site. Each of these activities shall be governed by specific rules accessible from the pages of the Site offering the promotion.

Site Conduct
The Site is intended to be used for lawful purposes only. You may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing” or defacing any portion of the Site.

Copyright
© 2003 ME Ink. All rights reserved. This Site is operated by WHM Retailing d.b.a. The Mary Engelbreit Store under license from Mary Engelbreit Enterprises, Inc. d/b/a ME Ink. WHM Retailing is the owner of all right, title and interest in this Site and its contents. ME Ink is the owner of all right, title and interest including without limitation, all copyrights, trademarks and service marks and all of the good will therein. (Mary Engelbreit Studios, Inc., ME Ink, The Mary Engelbreit Store and their affiliated companies are referred to herein collectively as "Engelbreit"). The Site is for your personal, noncommercial use only, with no transfer of title.

The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights or any other harm resulting from any uploading, posting or submission of your content on the Site.

Trademarks
The following trademarks and service marks are registered in the United States Patent and Trademark Office. Mary Engelbreit®, ME®, ME Ink®, Mary Engelbreit Since 1952®, At Home With Mary Engelbreit®, Mary Engelbreit's HOME COMPANION® and Leading the Artful Life™. All other trademarks appearing on the Site are the property of their respective owners, including, in some instances, us. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance.

Links to Other Websites
Several The Mary Engelbreit Store (shop.maryengelbreit.com) and Mary Engelbreit Studios (www.maryengelbreit.com) web pages contain links to other websites (“Linked Sites”) that may have online information practices different than ours. Engelbreit is not responsible for the privacy and security practices of Linked Sites, and we encourage our visitors to learn about the privacy and security practices of those websites.

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from this Site. Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Third-Party Content
The Site may contain content supplied by parties other than us. Any opinions, advice, judgments, statements, services, offers or other information or content expressed or made available by such third parties, including information providers, are those of the respective author(s) or distributor(s) and not of us. Neither we nor any third-party provider of information guarantees the accuracy, completeness or usefulness of any content, nor its merchantability or fitness for any particular purpose. Your use of certain services on the Site may be governed by additional rules, which shall be available on the Site. By using any service you acknowledge that you have reviewed all corresponding rules and agree to be bound by them.

All Electronic Submissions
Users posting materials on this Site are responsible for the content of that material. Engelbreit has no responsibility for the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through Engelbreit's pages. However, Engelbreit retains the right, which it may or may not exercise, in its sole discretion, to review, edit or delete any such posted third-party material which Engelbreit deems to be illegal, offensive or otherwise inappropriate. While Engelbreit welcomes general comments regarding its products and services, it does not accept unsolicited artistic submissions.

Product Descriptions
While we attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current or error-free. Your sole remedy for the purchase of any product on the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty/Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT ENGELBREIT, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF ENGELBREIT OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ENGELBREIT NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL ENGELBREIT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.

IN NO EVENT SHALL ENGELBREIT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE

Indemnification
You agree to defend, indemnify, and hold harmless Engelbreit, its suppliers, affiliates, third party service providers, and their respective directors, officers, employees, owners, licensors, licensees and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of this User Agreement by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.

Termination
Your only right with respect to any dissatisfaction with (1) this User Agreement, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, including without limitation, your account in the Site, at any time, at our sole discretion.

Data Security
The Mary Engelbreit Store is fully committed to data security. We take reasonable precautions to safeguard information transmitted between visitors and the Site and information stored on our servers. To prevent unauthorized access to our data, maintain data accuracy and ensure the appropriate use of information, we have put in place physical and electronic procedures to safeguard and secure the information you provide to us online. We limit access to your personally identifiable information to those who need the information in order to do their jobs. They are prohibited from using the information for any purpose other than to carry out the services they are providing for the Mary Engelbreit companies.

While we strive to protect your personal information, we cannot guarantee the security of the information you transmit to us. In this regard, we urge you to take every precaution to protect your personal data while you are on the Internet.

We maintain our website and information databases in the United States. When you voluntarily provide your information to us via our website, you agree to the privacy terms outlined in The Mary Engelbreit Store Privacy Statement, regardless of your country of origin.

You acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and Engelbreit shall not be responsible for any such third party access to such connections and/or transmissions.

Privacy
See The Mary Engelbreit Store Online Privacy Policy.

Miscellaneous
This User Agreement and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to the use of the Site. This Agreement shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Agreement is governed by the laws of the State of Missouri, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of St. Louis, Missouri, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

This Agreement constitutes the entire agreement between you and Engelbreit with respect to the Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Engelbreit with respect to the Site. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved to Engelbreit. © 2003 ME Ink. All rights reserved.

Contact Information
The Mary Engelbreit Store welcomes your questions or comments regarding this User Agreement. Please contact us via e-mail and use the phrase "User Agreement" in the subject line, or write to us at the following address:

RE: User Agreement
The Mary Engelbreit Store
1142 Saint Louis Galleria
Saint Louis, MO 63117
(314) 863-5522
mestore@maryengelbreit.com

Permissions
If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny at our sole discretion. Please send your request to:
RE: Permissions
The Mary Engelbreit Store
1142 Saint Louis Galleria
Saint Louis, MO 63117
(314) 863-5522
mestore@maryengelbreit.com

Linking To Our Site
If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to mestore@maryengelbreit.com.