Pacific Play Tents Terms and Conditions of Use

Pacific Play Tents Web site (the "Site") is provided by Pacific Play Tents Inc. to you ("you" or "User") subject to the following Terms and Conditions (the "T&C's") and any operating rules or policies that may be published from time to time by Pacific Play Tents.

CHANGES TO THE T&C's
Pacific Play Tents may, in its sole discretion, change, add or remove any portion of the T&C's, at any time, by posting new T&C's to the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes.

MODIFICATIONS TO SITE
Pacific Play Tents reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Pacific Play Tents may impose limits on certain features of the Site or restrict your access to part or the entire Site without notice or penalty.

MONITORING
You agree that Pacific Play Tents has the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the Site, including but not limited to bulletin boards, e-mail and other forums. Notwithstanding this right, Pacific Play Tents does not and cannot review all materials posted to the Site by Users and Pacific Play Tents is not responsible for any such materials posted by Users.

DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PACIFIC PLAY TENTS DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ANY PRODUCTS YOU MAY PURCHASE THROUGH THE SITE OR FROM OTHER WEB SITES YOU MAY LINK TO FROM THE SITE ARE "AS IS" AND PACIFIC PLAY TENTS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS SOLD. YOU ARE SOLELY RESPONSIBLE FOR THE USE OF THE PRODUCTS YOU PURCHASE THROUGH PACIFIC PLAY TENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY
IN NO EVENT SHALL PACIFIC PLAY TENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF PACIFIC PLAY TENTS OR AN AUTHORIZED RESENTATIVE THEREOF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF PACIFIC PLAY TENTS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

INDEMNIFICATION
You shall indemnify, defend and hold Pacific Play Tents, its officers, directors, employees and agents (collectively, the "Indemnified Parties"), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys' fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from any breach or violation by you of the T&C's or any use by you of the Site or as a result of a dispute with another User. Pacific Play Tents reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Pacific Play Tents.

TERMINATION
This Agreement constitutes a binding agreement between you and Pacific Play Tents until terminated by you or Pacific Play Tents, which Pacific Play Tents may do at any time, without notice, in Pacific Play Tents sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

CHOICE OF LAW/DISPUTE RESOLUTION
This Agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Any controversy involving Pacific Play Tents arising from or in any way related to the T&C's or your use of the Site shall be heard in the appropriate State or Federal court in Los Angeles County, California State and you irrevocably consent to the jurisdiction of such courts.

NOTICE AND DISCLOSURES
Except as explicitly stated otherwise, any notices shall be given by e-mail to, in the case of Pacific Play Tents, User, to the e-mail address you provide to Pacific Play Tents. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

GENERAL PROVISIONS
If any provision of the T&C's is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the T&C's, and the remainder of the T&C's shall continue in full force and effect. The failure by either you or Pacific Play Tents to exercise or enforce any rights or provisions of the T&C's shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site or the T&C's must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Agreement comprises the entire agreement between you and Pacific Play Tents and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the T&C's regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the T&C's.