We package Tablet Couture frames very securely for shipping, but in the event a frame is damaged by the carrier we will submit a claim with the carrier and promptly replace the order. We require photographs showing the damaged packaging and damaged product to be emailed to us within 2 days of delivery of the damaged package in order to process the claim. Please contact us with your order number we will email instructions for returning the damaged item to us.
Tablet Couture frames purchased from our retail partners are subject to the individual retailer's return policies. Unfortunately Mountaincow cannot accept returns for items that were purchased from our retail partners. Please check the retailer's return policy before you complete your purchase.
Tablet Couture frames with manufacturing defects may be shipped back to Mountaincow to be repaired or replaced, regardless of where it was purchased, providing the defect is brought to our attention within 10 days of purchase (30 days for gifts). Please contact us with proof of purchase and a description of the defect and we will email you return shipping instructions.
This does not apply to damage caused to the product after manufacturing. If you have a Tablet Couture frame that has been damaged, we may be able to repair it for a fee. Please contact us for a quote.
When you visit TabletCouture.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Mountaincow LLC or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Mountaincow LLC and protected by U.S. and international copyright laws. All software used on this site is the property of Mountaincow LLC or its software suppliers and protected by United States and international copyright laws.
TABLET COUTURE, MOUNTAINCOW, MOUNTAINCOW.COM, PRINTINGPRESS, and other marks indicated on our site are registered trademarks of Mountaincow LLC. or its subsidiaries, in the United States and other countries. All Mountaincow LLC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Mountaincow LLC or its subsidiaries. Mountaincow’s trademarks and trade dress may not be used in connection with any product or service that is not Mountaincow’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Mountaincow.com. All other trademarks not owned by Mountaincow.com or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Mountaincow.com or its subsidiaries.
Mountaincow LLC grants you a limited license to access and make personal use of this TabletCouture.com website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Mountaincow LLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Mountaincow LLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Mountaincow LLC and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Mountaincow’s name or trademarks without the express written consent of Mountaincow LLC. Any unauthorized use terminates the permission or license granted by Mountaincow LLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of TabletCouture.com so long as the link does not portray TabletCouture.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Mountaincow or Tablet Couture logo or other proprietary graphic or trademark as part of the link without express written permission.
If you use this site, you are responsible for maintaining the confidentiality of your account and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. TabletCouture.com does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use TabletCouture.com only with involvement of a parent or guardian. TabletCouture.com and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
In any area of the website where users may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, the content may not be illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and may not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your Content TabletCouture.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted Content
If you do post content or submit material, and unless we indicate otherwise, you grant Mountaincow LLC and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Mountaincow LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. The foregoing does not apply to material submitted to customer support which will not be published or used in any way other than to respond to the customer support request and in all circumstances in accordance with our privacy policy. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Mountaincow.com or its affiliates for all claims resulting from content you supply. TabletCouture.com has the right but not the obligation to monitor and edit or remove any activity or Content. TabletCouture.com takes no responsibility and assumes no liability for any content posted by you or any third party.
All items purchased from TabletCouture.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We will attempt to assist recovery and/or replacement of lost items whenever possible by providing tracking numbers and/or pursuing claims with carriers when appropriate.
TabletCouture.com and its affiliates attempt to be as accurate as possible. However, TabletCouture.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by TabletCouture.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant.
With respect to items sold by TabletCouture.com, your credit card will be charged upon completion of the checkout process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:
• If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
• If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that this policy applies only to products sold and shipped by TabletCouture.com.
THIS SITE IS PROVIDED BY MOUNTAINCOW LLC ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOUNTAINCOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MOUNTAINCOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MOUNTAINCOW DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM MOUNTAINCOW ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOUNTAINCOW WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By visiting TabletCouture.com, you agree that the laws of the state of Rhode Island, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Mountaincow.com or its affiliates.
Any dispute relating in any way to your visit to TabletCouture.com or to products you purchase through TabletCouture.com shall be submitted to confidential arbitration in Providence, Rhode Island, except that, to the extent you have in any manner violated or threatened to violate Mountaincow’s intellectual property rights, Mountaincow LLC may seek injunctive or other appropriate relief in any state or federal court in the state of Rhode Island, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Please review our other policies posted on this site. These policies also govern your visit to TabletCouture.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
At TabletCouture.com we respect the privacy of our customers. Our business is about designing, developing and selling great products, not about selling the private information of our customers. We do not sell or give away private customer information, and we do not store private information unnecessarily. Where we do collect information, the purpose is to provide you with the best online shopping experience possible.
We understand and appreciate our customers' concerns about sharing personal information on the Internet. Because there are so many complexities behind operating a web site, we have included below a detailed description of our procedures regarding information collection and use. Our policies are in addition to the policies of our order processing provider, Yahoo! Store. Please contact us if you have any additional questions about our privacy policies.
Mountaincow LLC is the sole owner of the information collected on TabletCouture.com. Mountaincow LLC collects information from our users at several different points on our TabletCouture.com website.
Tablet Couture App
A user must provide a name and email address to authenticate themselves and sign up for our photo & video sharing service when using the Tablet Couture App. The authentication process necessitates sending an email with an authentication code to the user at the email address they provide. The sharing service includes a 100 credit free trial but is not free and users who sign up for the service are considered Tablet Couture customers.Newsletter Subscription
Newsletter subscription is available through the TabletCouture.com online store and is completely optional. Users may opt-in to receive any of the following emails from Mountaincow:• Notify me about new Tablet Couture products and upgrades.
• Notify me about new products from Mountaincow partners.
• Sign me up for the Mountaincow design ideas mailing list.
In order to receive these emails, a user must first complete the newsletter subscription form. In the form the user gives contact information (such as name and email address). We use this information to contact the user about services on our site for which s/he has expressed interest. All information provided in the form is optional except the email address, which is required for the user to receive the notifications they select. The initial email sent indicates how to be removed from the mailing lists.Order
We request information from the user on our order form, pursuant to the policies of Yahoo! Shopping. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer orders. If we have trouble processing an order, the information is used to contact the user.
In order to provide the best web and ecommerce experience, we and/or our order processing provider, Yahoo! Store may profile users, store cookies and/or make use of Clear Gifs, Web Beacons or Web Bugs.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.Communications from the Site
Special Offers and Updates
We send all new registered members a welcoming email. Established members will occasionally receive information on new products and promotions. Out of respect for the privacy of our users we present the option to not receive these types of communications. Please see the Choice and Opt-out section.Newsletter
If a user wishes to subscribe to our newsletter, we ask for contact information such as name and email address. Out of respect for our users privacy we provide a way to opt-out of these communications. Please see the Choice and Opt-out section.Customer Service
We communicate with users by e-mail when required to provide requested services, to inform users of the availability of newer versions of the software, and in regards to issues relating to their account.Sharing
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site.Aggregate Information (non-personally identifiable)
We share aggregated demographic information with our partners and advertisers. This is not linked to any personally identifiable information.Third Party Intermediaries
We use an outside shipping company to ship orders, and a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.Business Transitions
In the event Mountaincow LLC goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’ personal information will, in most instances, be part of the assets transferred.Choice/Opt-out
Our users are given the opportunity to ‘opt-out’ of having their information used for purposes not directly related to our site at the point where we ask for information. For example, our order form has an ‘opt-out’ mechanism so users who buy a product from us, but don’t want any marketing material, can keep their email address off of our lists.Users who no longer wish to receive our newsletter and promotional communications may contact us to opt-out of receiving these communications.We use third-party web beacons from Yahoo! to help analyze where visitors go and what they do while visiting our website. Yahoo! may also use anonymous information about your visits to this and other websites in order to improve its products and services and provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by Yahoo!, click here.Links
This Web site contains links to other sites. Please be aware that we, Mountaincow LLC, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Web site.Surveys & Contests
From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Users’ personally identifiable information is not shared with third parties unless we give prior notice and choice. Though we may use an intermediary to conduct these surveys or contests, they may not use users’ personally identifiable information for any secondary purposes.Friend Referrals
If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mountaincow LLC will automatically send the friend a one-time email inviting them to visit the site. Mountaincow LLC stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program. The friend may contact us to request the removal of this information from our database.
This Web site takes every precaution to protect our users’ information. When users submit sensitive information via the Web site, their information is protected both online and off-line.
When our order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just ‘surfing’.
While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line. All of our users’ information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices.
Please contact us if you have any questions or concerns about the security of our Web site.
If a user’s personally identifiable information changes (such as zip code, phone, email or postal address), or if a user wants to be removed from our lists, we provide a way to correct, update or delete/deactivate users’ personally identifiable information. Please contact us if you would like us to update your personal information.
If we decide to make material changes to our privacy policy, we will post those changes to this privacy statement, the homepage, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If, however, we are going to use users’ personally identifiable information in a manner different from that stated at the time of collection we will notify users via email.
Please contact us if you have any questions or suggestions regarding our privacy policy.
The application transacted hereby are licensed, not sold, to you for use only under the terms of this license. The licensor, Mountaincow, LLC or its successors or assigns (“Application Provider”) owns all copyright, trade secret, patent and other proprietary rights in the product and reserves all rights not expressly granted to you. The products that are subject to this license are collectively referred to herein as the “Licensed Application.”
a. Scope of License: This license granted to you for the Licensed Application by Application Provider is limited to a non-exclusive, non-transferable license to use the Licensed Application on any iPhone, iPod touch or iPad that you own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow you to use the Licensed Application on any iPod touch, iPhone or iPad that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
c. Termination. The license is effective until terminated by you or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if you fail to comply with any term(s) of this license. Upon termination of the license, you shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that you accept additional terms of service related thereto.
e. Submissions: The Licensed Application offers photo and video sharing features that allow you to submit materials such as photos and videos that are accessible and viewable by other users of the Licensed Application. You agree that any use by you of such features, including any materials submitted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable, or in poor taste. You also agree that you have obtained all necessary rights and licenses to share or submit such material. You agree to provide accurate and complete information in connection with your submission of any materials on the Licensed Application. You hereby grant the Application Provider a worldwide, royalty-free, nonexclusive license to distribute and use such materials as part of the Licensed Application or in relation to the Licensed Application, without any compensation or obligation to you, and you agree to hold the Application Provider harmless should some or all of your shared photos or videos not arrive at the intended recipient, or be viewed by unintended recipients or the public as the result of a software error, data breach or for any reason whatsoever. The Application Provider reserves the right to not post or publish any materials, and to remove or edit any material, at any time in its sole discretion without notice or liability.
The Application Provider has the right, but not the obligation, to monitor any materials submitted by you or otherwise available in the Licensed Application, to investigate any reported or apparent violation of this Agreement, and to take any action that the Application Provider in its sole discretion deems appropriate, including, without limitation, the removal of such materials or the submission thereof to applicable authorities.
f. In App Purchases: The Licensed Application includes functionality that enables you to receive additional services ("In App Purchases"). In App Purchases that are consumed during the use of the Licensed Application such as Photo and Video Sharing Credits cannot be transferred among devices; can be downloaded only once; and after being downloaded, cannot be replaced. Once a consumable In App Purchase is acquired and received by you, the Application Provider shall be without liability to you in the event of any loss, destruction, or damage thereof.
You understand that by using any of the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the Services at your sole risk and that the Application Provider shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, you acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to you. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, you should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.
You agree that the Services may contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and you shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone, iPod touch or iPad are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent you choose to access such Services or Materials, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of Rhode Island, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.
j. All end-user questions, complaints or claims with respect to the Licensed Application should be directed to Mountaincow LLC at 1 Richmond Sq., Ste #166W, Providence, RI 02906, 1.800.797.MCOW, www.TabletCouture.com.
