Thank you for your interest in in-Store, which is a service provided to you by AOL LLC. ("AOL"). These rules ("Terms of Service") govern your use of AOL Shopping.
By using AOL Shopping, you agree to abide by these Terms of Service, you consent to AOL's use of the information you provide when you register for AOL Shopping services pursuant to the AOL.COM Privacy Policy, and you consent to the jurisdiction of the courts of Virginia for any dispute you may regarding AOL Shopping.
AOL Shopping is intended for general audiences. You do not need to register to visit AOL Shopping; however, you must register with AOL Shopping in order to use certain interactive features of the service, such as, the "My Favorite Store" feature. In order to register with AOL Shopping, you will need to provide certain information about yourself and select a valid form of user identification and password. Your user identification may be a valid screen name issued by AOL or such other forms of user identification authorized by AOL (collectively, "screen name"). You may use the screen name already assigned to you from one of the AOL-authorized services, such as, AOL, CompuServe, Netscape, or AOL® Instant Messenger. If you do not have a screen name, you can register for a screen name on AOL Shopping. In order to register for a new screen name, you must provide AOL® with true and accurate registration information. You may not (1) select or use a screen name of another person with the intention of impersonating that person, (2) use a screen name of anyone else without authorization, (3) use a screen name in violation of the intellectual property rights of any person or (4) use a screen name that AOL considers in its sole discretion as being inappropriate. All screen names are the property of AOL. AOL® may terminate inactive screen names obtained on AOL Shopping at any time in its sole discretion. You agree and understand that AOL may collect and use your registration information as disclosed in the then current AOL.COM Privacy Policy, which you can review by clicking here.
Your Responsibility
You must keep confidential the screen name and passwords associated with your use of AOL Shopping. You agree to indemnify and hold harmless AOL® and it vendors for losses incurred due to someone else using your AOL Shopping account or password as a result of your failure to use reasonable care to keep your account information confidential.
Prohibited Conduct
You may use AOL Shopping only for personal, non-commercial and lawful purposes. You may not use AOL Shopping to: (1) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, (2) invade the privacy right of any person or entity; (2) misrepresent the identity of a user; (3) impersonate any person or entity, including any employee or representative of America Online or its vendors; (4) tamper with or obtain unauthorized access to AOL Shopping or any AOL Shopping account, computer systems or networks associated with AOL Shopping, (5) conduct fraudulent activities; or (6) collect or harvest information regarding other users of AOL Shopping for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications.
AOL® or its agents who provide operational support for AOL Shopping may disclose any content, electronic communication, evidence or potential evidence of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate AOL Shopping; (iii) to protect the rights or property of AOL® and Suppliers, including their affiliates, subsidiaries, you or others; (iv) to prevent fraud; (v) for credit risk reduction; and (vi) to enforce these Terms of Service.
Communications Charges
You are responsible for obtaining and maintaining at your expense all equipment and services needed to access AOL Shopping, including all communications costs that you will incur to access AOL Shopping through the Internet. The carrier that you use to access the Internet, such as, your telephone company or wireless carrier, may charge service fees for web browsing, e-mail and messaging that require the use of online access and wireless data services. Check with your carrier to verify the fees that may apply to you.
Changes to AOL Shopping
AOL® in its sole discretion may change or discontinue any or all aspects of AOL Shopping without notice, including access to support services, content, information and other products or services ancillary to AOL Shopping. AOL® may modify these Terms of Service and the AOL.COM Privacy Policy at any time. AOL® will provide notice, in advance, of any material changes to the Terms of Service. If you disagree with any proposed change, your sole remedy is to discontinue your use of AOL Shopping.
Content
All text, images and other content ("Content") contained on AOL Shopping are the property of AOL® or the vendors who provide product information on the service. The Content is protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights. You agree that you will not take any action to interfere with the ownership rights in the Content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Content. You may use the Content only for personal, non-commercial purposes.
AOL® relies upon a network of independent vendors who supply some of the goods advertised on AOL Shopping and, in some cases, drop ship them directly to their customers. AOL® is not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through this site, or items advertised on AOL Shopping by its vendors.
Accuracy of Content
Third party merchants, not AOL, provide the product and pricing information advertised on AOL Shopping. The information may contain typographical errors, pricing errors, and other errors or inaccuracies. AOL® is not responsible for examining or evaluating any of these businesses or their offerings and it makes no warranties about the products or information provided by these merchants on AOL Shopping. When you purchase an item advertised on AOL Shopping, you are dealing directly with the merchant and not AOL. Any questions regarding a sale (such as delivery or billing questions) should be addressed directly to the merchant and not to AOL. AOL® does not assume any responsibility or liability for the actions, products, and content of all these and any other third parties. AOL® , its vendors and any third party merchants reserve the right to: (i) correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order); (ii) revoke any stated offer; and (iii) make changes to prices, and content, product descriptions or specifications, quantity limitations or other information without obligation to issue any notice of such changes.
Disclaimer of Warranties for AOL Shopping Service
YOUR USE OF AOL SHOPPING IS AT YOUR SOLE RISK. AOL SHOPPING IS PROVIDED "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SPECIFICALLY, AOL DISCLAIMS IMPLIED WARRANTIES THAT THE AOL SHOPPING SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. AOL, ITS AFFILIATES, AGENTS AND VENDORS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AOL SHOPPING SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE AOL SHOPPING SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE INSTORE SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AOL® OR AN AUTHORIZED REPRESENTATIVE OF AOL® SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
LIMITATION OF LIABILITY
AOL, ITS AFFILIATES, AGENTS AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE INSTORE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF INSTORE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF AOL, ITS AFFILIATES, AGENTS AND VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, AOL, ITS AFFILIATES, AGENTS AND VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
DISCLAIMER OF PRODUCT WARRANTIES
AOL MAKES NO REPRESENTATION OR WARRANTY REGARDING ANY PRODUCT ADVERTISED ON INSTORE. AOL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND REGARDING THE PRODUCTS ADVERTISED ON INSTORE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL AOL, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING IN ANY WAY FROM ANY PRODUCT OFFERED ON INSTORE. IN NO EVENT SHALL AOL'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
Indemnification
Upon a request by AOL, you agree to defend, indemnify and hold harmless AOL® from all liabilities, claims and expenses, including attorneys' fees, which arise from a breach of the Terms of Service for which you are responsible or from your use of InStore. AOL® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification in that matter.
Electronic Notice Policy
You agree to receive all notices regarding InStore electronically. AOL will provide notices by posting them on inStore, or, in some cases, AOL may provide notice by email to registered users. To receive electronic notices, you must have access to the Internet and an Internet browser that operates either (i) on a Windows-based operating system, such as AOL® Software version 2.5 , Microsoft Internet Explorer version 5.x or higher, or Netscape Navigator, version 6x or higher) or (ii) a Macintosh-based operating system with AOL® Software or a web browser for Macintosh. You will need a printer attached to your personal computer to print any notices. You can retrieve an electronic copy and a printable version of the Terms of Service by clicking on the "Terms of Service" link at the home page of InStore. You may withdraw your consent to receive notices electronically by discontinuing your use of inStore.
General Terms
These Terms of Service, the policies and account information posted on InStore constitute the entire terms and conditions regarding your use of InStore and they supersede all other representations or communications regarding the service. Only AOL® can amend these Terms of Service by posting the changes on InStore. If any term of the Terms of Service is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the term shall be considered to be stricken from these Terms of Service as if it had not been included from the beginning and the remainder of the terms enforced according to its terms.
Choice of Law; Choice of Forum
The laws of the Commonwealth of Virginia, excluding its conflicts-of-law rules, govern the Terms of Service and your use of AOL Shopping. You expressly agree that exclusive jurisdiction for any claim or dispute relating in any way to your use of AOL Shopping resides in the courts of Virginia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Virginia in connection with any such dispute including any claim involving AOL Shopping. The foregoing provision may not apply to you depending on the laws of your jurisdiction. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
International Use
AOL® makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access AOL Shopping from other locations are responsible for compliance with local laws.
Privacy Policy
The AOL.com Privacy Policy explains how AOL® collects, uses and discloses personal information in connection with your use of AOL Shopping, as well as the choices AOL® gives you about such uses and disclosures. You can review the current version of the AOL.com Privacy Policy by clicking here, or by visiting www.aol.com. By your affirmative act of either using or registering for AOL Shopping, you authorize the collection, use, and disclosure of personal information by AOL® as provided in these Terms of Service.
Procedure for Making Claim of Copyright Infringement
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify America Online. Click here for instructions.