Byer California Web Site - Terms and Conditions of Use

Copyright -

All Web site design, text, graphics, Copyright © 2002-2008, Byer California. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print in hardcopy portions of this Web site for the sole purpose of placing an order with Byer California or using this Web site as a shopping resource. Any other use of materials on this Web site, including reproduction for purposes other than those noted above, modification, distribution, or republication without the prior written permission of Byer California is strictly prohibited.
Trademarks - Byer California, A. Byer, Byer Too!, Amy Byer, AGB and each of their logos are trademarks of Byer California.

Disclaimer of Warranty; Limitation of Liability -

BYER CALIFORNIA IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEB SITE OR ITS CONTENT. BYER CALIFORNIA DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, BYER CALIFORNIA DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEB SITE IS ACCURATE, COMPLETE OR CURRENT.END USER EXPRESSLY AGREES THAT USE OF BYER CALIFORNIA INTERNET ONLINE IS AT THE END USER'S SOLE RISK. NEITHER BYER CALIFORNIA, ITSAFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS WARRANT THAT BYER CALIFORNIA INTERNET ONLINE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BYER CALIFORNIA INTERNET ONLINE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BYER CALIFORNIA INTERNET ONLINE. PRICES AND MERCHANDISE AVAILABILITY IS SUBJECT TO CHANGE WITHOUT NOTICE.

THIS DISCLAIMER OF COMPREHENSIVE LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY 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, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL BYER CALIFORNIA, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING BYER CALIFORNIA INTERNET ONLINE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, SPECIAL, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CONSEQUENTIAL OR PUNITIVE DAMAGES AND CLAIMS OFTHIRD PARTIES ARISING OUT OF THE USE OF OR INABILITY TO USE BYER CALIFORNIA INTERNET ONLINE.

Indemnification -

End User agrees to defend, indemnify and hold harmless Byer California, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Byer California Internet Online by End User.
Changed Terms - Byer California shall have the right at any time to change or modify the terms and conditions applicable to End User's use of Byer California Internet Online, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof. Any use of Byer California Internet Online by End User after such notice shall be deemed to constitute acceptance by End User of such changes, modifications or additions.

Monitoring -

Byer California shall have the right, but not the obligation, to monitor the content of Byer California e-mail, to determine compliance with this agreement and any operating rules established by Byer California and to satisfy the law, regulation or authorized government request.