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Terms & Conditions

Your Agreement with SOUTHWEST SENSATIONS. Welcome to this SOUTHWEST SENSATIONS website. Following are the terms and conditions that govern your use of this site. THESE TERMS AND CONDITIONS OF USE CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND SOUTHWEST SENSATIONS ("SOUTHWEST SENSATIONS" "WE" OR "OUR"). PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE OR PLACE ANY ORDERS. BY CLICKING ON THE SUBMIT BUTTON ON OUR SHOPPING CART CHECKOUT PAGE STIPULATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, CLICK THE CANCEL BUTTON TO DECLINE THIS AGREEMENT, AND DISCONTINUE USING THE SITE. Ownership of this website: This website is owned and operated by SOUTHWEST SENSATIONS. All of the content featured or displayed on this website, including, but not limited to, text, graphics, photographs, images, moving images, sound, illustrations and software ("Content"), is owned by SOUTHWEST SENSATIONS, its licensors and its content providers. All elements of SOUTHWEST SENSATIONS websites, including, but not limited to, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with SOUTHWEST SENSATIONS or one of its subsidiaries, no portion or element of this website or its Content may be copied or retransmitted via any means and this website, its Content and all related rights shall remain the exclusive property of SOUTHWEST SENSATIONS or its licensors unless otherwise expressly agreed. You shall indemnify SOUTHWEST SENSATIONS, its subsidiaries, its affiliates and licensors against any losses, expenses, costs or damages incurred by any or all of them as a result of your breach of the terms of this Agreement or your unauthorized use of the Content and related rights. "SOUTHWEST SENSATIONS" and the SOUTHWEST SENSATIONS logo are trademarks of SOUTHWEST SENSATIONS or its subsidiaries and may be registered in some countries. Privacy policy: SOUTHWEST SENSATIONS fully respects your rights to privacy and utilizes the following practices in regard to any information we are provided or obtain about users of this website. In order to fulfill licensing transactions or provide service to you as a customer of SOUTHWEST SENSATIONS, we may require you to provide certain information to us. Common items may include, but are not limited to, your name, address, phone number and credit card number. By providing this information to SOUTHWEST SENSATIONS, you are agreeing to allow us to utilize this information to complete all transactions you request through this website and to disclose that information and details of all such transactions to SOUTHWEST SENSATIONS' various worldwide offices, subsidiaries, affiliates and any necessary payment processors. Because of the nature of the Internet, such data may pass through any country. Email: If you authorize us to send you promotional materials, we may do so using either the email or the mailing addresses you provided on the registration or billing information screens. From time to time we may notify you of special promotions, new products or services, or other information that may interest you. We do not share any information you provide to us, including your email and mail addresses, with any companies outside SOUTHWEST SENSATIONS, its subsidiaries, affiliates or necessary payment processors. Should you not wish to receive this type of information, you will be able to express this desire by clicking on the appropriate button or checkbox when first asked to respond to the issue, or by notifying us at anytime thereafter -- we will not send you information if you inform us you do not wish to receive such materials. About cookies: When you visit a SOUTHWEST SENSATIONS website, we place a text file called a "cookie" in the browser directory of your computer's hard drive. A cookie is a small piece of information that a website can store on your web browser and later retrieve. The cookie cannot be read by any website other than the one that set up the cookie. Cookies enable this website to recognize the information you have consented to give to this website and help us determine what portions of this website are most appropriate for your professional needs. We do NOT use cookies to examine your surfing behavior before or after leaving a SOUTHWEST SENSATIONS website. If at any time you believe that SOUTHWEST SENSATIONS has not followed the above policy, or if you would like your information to be removed from our system, please contact us using our contact form. We will make reasonable efforts to identify and correct any problem. Disclaimers: THIS WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND SOUTHWEST SENSATIONS EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT SOUTHWEST SENSATIONS, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use, the Privacy Policy, or elsewhere on this website, or as otherwise required by applicable law, neither SOUTHWEST SENSATIONS nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of your use of, your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages. SOUTHWEST SENSATIONS uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the SOUTHWEST SENSATIONS website; however, these other websites are not controlled by SOUTHWEST SENSATIONS and we are not responsible for any content contained on any such website or any loss suffered by you in relation to your use of such websites. You waive any and all claims against SOUTHWEST SENSATIONS regarding the inclusion of links to outside websites or your use of those websites. Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions. Governing law and venue: This Agreement shall be interpreted, construed and governed by the laws of the state of Florida, USA, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the state of Florida in Broward County or the Federal District Courts of the Southern District of Florida (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, SOUTHWEST SENSATIONS shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of SOUTHWEST SENSATIONS, such action is necessary or desirable. No action of SOUTHWEST SENSATIONS, other than an express written waiver or amendment, may be construed as a waiver or amendment of any of these Terms and Conditions of Use or Privacy Policy. Should any clause of these Terms and Conditions of Use or Privacy Policy be found unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. We reserve the right to change these Terms and Conditions of Use, the Privacy Policy, prices, information and available contractual license terms featured on this website without notice. These conditions set out the entire agreement between SOUTHWEST SENSATIONS and you relating to your use of this website. About security: Providing you a secure online experience is one of SOUTHWEST SENSATIONS's highest priorities. We recognize that your privacy and security are of the utmost importance and have devoted a great deal of effort to ensure that your personal information is safeguarded. Please take a moment to read about the steps that we have taken to protect your information and make your online transmissions safer. We also invite you to review the ways that you can take to protect yourself further. We hope that once you understand the measures we employ and the steps you can take to protect yourself, you'll be confident about the security of your transactions and personal information shared with SOUTHWEST SENSATIONS. About Security: Positive Identification SOUTHWEST SENSATIONS uses a secure server and secure certificate. It is registered with site identification authorities to enable your browser to confirm SOUTHWEST SENSATIONS identity before any transmission is sent. With this technology: The identity of our site is automatically confirmed behind the scenes prior to the transmission of any customer information requested to complete an online order. Your data reaches your intended target or your browser notifies you (prior to your sending any personal information) that the potential receiving site looks suspicious and should be avoided. Data Encryption If you are using a security-enabled browser (such as Microsoft¨ Internet Explorer version 3 or greater, or Netscape¨ Navigator¨ version 3 or greater), the information you send us regarding your account or your purchase is encrypted, making it extremely difficult to read even if it is wrongly intercepted. SOUTHWEST SENSATIONS utilizes industry-standard Secure Sockets Layer (SSL) technology to allow for the encryption of: - potentially sensitive information, such as your name and address - critically sensitive information, such as your credit card number Help protect yourself: If you use a security-enabled browser (such as Microsoft Internet Explorer version 3 or greater, or Netscape Navigator version 2.0 or greater), paying attention to two browser features will decrease the chances for the unintended or fraudulent use of your personal information: Browser security settings Your browser security preference settings are your first line of defense in stopping the theft or unwanted viewing of confidential, personal information. The most popular browsers offer you the ability to receive an alert or notification if any of the following occurs or is about to occur: - changing between secure and nonsecure transmission modes - receiving an invalid site identification for the site to which you are about to transmit - sending a transmission over an "open" or unsecured connection - Check the settings of your browser security features to see all the checks that are possible and those that are currently in place. Browser security signals The presence of security measures surrounding the entry of data on a web page is identified in two ways for you on your browser: (1) The URL identifying the page will always begin with "https://" versus the normal "http://". (2) A security symbol to indicate operation in a mode that supports secure transmissions: A "closed lock" icon is present in the bottom right corner of your Microsoft Internet Explorer browser screen. An "unbroken key" icon appears in the lower left corner of the Netscape Navigator browser screen. With these security measures in place, you can also feel confident that every credit card transaction you make on our site is safe and secure.

 

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