TERMS AND CONDITIONS

PRIOR TO USING THIS WEBSITE AND/OR PURCHASING ANY ITEM(S) FROM THE SAME THE USER ("USER") MUST REVIEW THIS AGREEMENT IN ITS ENTIRETY. PLEASE NOTE THAT EITHER READING THIS AGREEMENT AND/OR THE USE OF THIS WEBSITE IS CONSIDERED ACCEPTANCE OF THE AGREEMENT. IN SUCH EVENT THAT USER DOES NOT ACCEPT THE AGREEMENT THE USER SHOULD LEAVE THIS WEBISTE. THE AGREEMENT IS BETWEEN THE USER AND DANI KATES CORP. (THE "COMPANY")

Security Policy

The Company is committed to protecting the User’s order information when shopping on the Company website. Accordingly, all personal information transmitted through our site is encrypted using Secure Sockets Layer ("SSL") technology.

Privacy Policy

The Company is committed to protecting the User(s) privacy. This means that the Company will not distribute, rent or sell the User(s) name or personal information about the User to any third party (other than the operator of the site hosting the online shopping area) without User(s) permission.

Copyright and Trademarks

The Company holds the copyright for all graphics and other design elements along with all information and/or other content provided on the website. As such, the same is protected by copyright and is owned and/or under the control of the Company or such other provider of the information. Pursuant to U.S. copyright laws and other copyright laws and/or conventions, the website and all information contained therein is protected and therefore, any reproduction, modification, distribution, dissemination of any of the designs, copy, text, graphics or contents therein is strictly prohibited and any violations of the same shall be prosecuted to the fullest extent available at law or in equity. The User hereby agrees to comply with any and all restrictions set forth or contained in the website.

Any photographs or images that are not the property of the Company that are displayed on the website are the property of their/its respective copyright owners. These individuals or companies have given their/its consent to the Company to display these images via the internet.

The trademarks of the Company are proprietary to the Company and any other trademarks on the website are proprietary to their/its respective owners. The respective owners or agents thereof of any trademark in use on the website have granted the Company the right to use their/its trademark on the same.

Modifications to the Agreement

The Company reserves the right to update, modify, alter and/or change the terms and conditions of the Agreement from time to time, and as deemed necessary, by the Company, in the Company’s sole and absolute discretion. Accordingly, the Company strongly recommends that all User(s) re-visit and review the Agreement from to remain advised as to the current terms and conditions of the Agreement.

Website Updates and Information

The Company reserves the right to modify, change, alter, suspend and/or discontinue any or all aspects of the website for any reason whatsoever at any time. Moreover, the Company may restrict access to certain areas of the website or limit certain functionality of the website to any User for any reason without any notice or liability. As previously noted, the website exhibits certain copy, images, text and other information (collectively, referred to herein as the "Data"), which is available solely for the User’s enjoyment, but shall not be relied upon for its truthfulness or accuracy, as this Data may possess errors, omissions, inaccuracies, or other otherwise be incorrect. The Company makes no representations or warranties with respect to the accuracy, reliability, completeness or otherwise, of any the Data set forth on the website and shall not be liable for any reliance on the same. Certain Data published on the website may refer to products and other deliverables (e.g., shipping timeframes) that are not accurate or available to the User(s) based on geographic location or otherwise.

Limitation of Liability and Disclaimer of Any Representations and/or Warranties

The Company makes no claims whatsoever that any Data contained on the website is accurate, current or otherwise correct. The Company guarantees no information on the website, although the Company has made an effort to try and keep the Data on the website as current and factual as possible. The Company shall not be responsible for any claims with respect to any of the products shown on the website and the Company offers no warranties to the User(s) and shall not be liable for damages of any kind whatsoever that may accrue or arise in connection with the use of the website, or from the use of any products listed or acquired from the website.

THE COMPANY, ITS EMPLOYEES, REPRESENTATIVES OR OFFICERS, UNDER ANY CIRCUMSTANCE OR SITUATION WHATSOEVER, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTIAL, CONSEQUETIAL, OR PUNITIVE DAMAGES, WHATSOEVER, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF DATA AND/OR PROFITS, ARISING AND/OR ACCURING AS A RESULT OF OR OUT OF THE USE, OR INABILITY TO USE, ANY DATA ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE INSTANCES IN WHICH THE COMPANY, ANY REPRESENTATIVES AND/OR OFFICERS MAY HAVE BEEN NOTIFIED OF THE POSSIBLITY OF SUCH DAMAGES POTENTIALLY OCCURRING. THE USER HEREBY ASSUMES ANY AND ALL OBLIGATIONS AND COSTS ASSOCIATED WITH ANY REQUIREMENTS TO SERVICE, REPAIR OR CORRECT ANY DATA AS A RESULT OF USER(S) USE OF THE DATA ON THE WEBSITE. THE COMPANY RECOGNIZES THAT CERTAIN STATES PROHIBIT THE EXCLUSION AND/OR LIMITATION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES AND THEREFORE, THE LIMITATIONS OR EXCLUSIONS SET FORTH ABOVE MAY NOT BE APPLICABLE TO CERTAIN USERS. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO THE USER FOR ANY AND ALL DAMAGES, LOSS OR OTHER CAUSES OF ACTION EXCEED THE GREATER OF (A) ONE HUNDRED FIFTY DOLLARS; OR (B) THE TOTAL AMOUNT OF A ONE HUNDRED PERCENT REFUND FOR ANY AND ALL GOODS ACQUIRED VIA THE WEBSITE.

Indemnity

User hereby agrees to indemnify, defend and hold the Company, and all of its officers, directors, owners, shareholders, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs and expenses, with but not limited to, attorneys’ fees and other costs incurred by the Indemnified Parties in connection with any claim accruing or arising out of the User’s breach of this Agreement or the foregoing representations and warranties. User shall cooperate as reasonably required in the defense of any claim. Notwithstanding the foregoing, the Company, has the right (but not the obligation), at its own cost and expense, to assume control and the defense of any matter that is subject to indemnification by User. Under no circumstances shall User settle or enter into negotiations for settlement without the prior written consent of the Company, which consent may withheld in the Company’s sole and absolute discretion.

Correspondence

Any Data or other information sent to the Company by User via any means of communications, including, without limitation, e-mail, facsimile, letters, or otherwise may be used by the Company. The content contained in any such correspondence, will not be considered proprietary or in any way protected Data, and therefore, the Company may use this information or expand upon the same for purposes of implementing new concepts, policies and procedures, or any other reason the Company, in its sole and absolute determination feels is appropriate.

Website Links

The website contains several links to multiple e-mail addresses and other websites to assist the User and attempt to enhance the User’s experience on the website. The Company makes no representation or warranties whatsoever with respect to any information set forth or provided by these individuals or their respective companies, and shall not be responsible for any information provided on any of those sites or for any correspondence that User may have with the same. The Company does not endorse the accuracy, correctness or reliability of any Data, information, statements, or other communication displayed, provided or disseminated by or through the website or other websites linked from the Company’s website or in any way referred therein.

Representation of Products

The Company makes an effort to try and ensure that the product descriptions and photography on the Company website provides an accurate representation of the products User desires to purchase. Notwithstanding the foregoing, it is impractical and impossible to represent the products one hundred percent accurately in a photograph. In particular, the User should note that when researching and shopping on the Company website there are many issues to pay attention to, including, without limitation, the coloring of the fabrics may appear different depending on the setting of varying computers, types of screens, type of computer, along with other lighting factors, which may result in different shading and texturing of the products (e.g., laptops will vary from other computers, which will vary from hand-held devices and other types of computer monitors).

Miscellaneous

This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings and representations (if any) made by and between such parties. The failure by the Company to enforce at any time any of the provisions of this Agreement, and indulgence as to time or otherwise, shall not be constructed as a waiver of any part of the Company’s rights nor affect the validity of this Agreement or any part thereof. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, successors and assigns. In the event of litigation between the parties to enforce the terms and provisions of or with respect to this Agreement, the parties hereby agree that the venue and jurisdiction shall be in the state that the Company is based and that, if the Company prevails, the Company shall be entitled to reimbursement for all attorneys’ fees and costs at trial and on appeal. The captions set forth in this Agreement are inserted only as a matter of convenience and are for reference purposes only and in no way define, limit, expand or describe the scope of this Agreement or the intent of any term or provision therein. The User and the Company hereby acknowledge and agree that all of the terms and provisions of this Agreement are to be construed as agreements. It is the intent of the User and the Company that the common law rule of construction against the drafter not apply to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of any change in law, then said ruling or course of action shall be strictly construed and shall not affect the validity or effectiveness of any other provision or term in this Agreement.

I hereby agree to the terms and conditions set forth in this Agreement