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Terms of Use

Welcome to TinaToothFairy.com. We hope you enjoy your online experience with us.

Agreement. By accessing or using the TinaToothFairy.com website (Our Site) you agree to be bound by these Terms and Conditions (these “Terms”). Please read them carefully. IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Age. Users of all ages are welcome to enjoy the content of Our Site, but users must be 18 years old to order products. If you are not 18 years old and you want to order from Our Site, please ask you parent or guardian to do this for you.

Content. All content on Our Site, including text, graphics, images, user interfaces, games, audio or video recordings, trademarks, computer code and the design, organization and “look and feel” of Our Site (collectively “Content”) is owned by or licensed to TinaToothFairy.com and is protected by copyright, trademark, trade dress and other intellectual property rights and unfair competition laws in the United States and other countries. You agree not to reproduce, publish, transmit, modify, sell, license or otherwise commercially exploit any Content without the prior written permission of TinaToothFairy.com. All rights now known or hereafter devised, including without limitation copyright and trademark rights are retained by the authors and illustrators of the books.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without I TinaToothFairy.com’s express prior written consent.

Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

TinaToothFairy.com’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

TinaToothFairy.com may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and TinaToothFairy.com makes no commitment to update the materials on the Site with respect to such products and services.

Accounts & Passwords. Certain features or services offered on Our Site may require you to open an account during which process you will create a user ID and password. You agree to keep your account information, including your password, confidential and to change your password as necessary to maintain its confidentiality. You further agree to assume responsibility for all activity that occurs on your account as a result of your failing to maintain the confidentiality of your password or other account information. You agree to notify TinaToothFairy.com immediately of any unauthorized use of your account or password, or any other security breach you become aware of. You agree not to use anyone else’s user ID or account on Our Site without the prior written permission of TinaToothFairy.com.

Links to Other Sites. Our Site may provide hypertext links to third party websites that are not owned or controlled by TinaToothFairy.com (“Third Party Sites”). TinaToothFairy.com does not endorse or assume responsibility for any Third Party Sites. If you access any Third Party Sites, you do so at your own risk and you agree that TinaToothFairy.com will have no liability arising from your use of or access to any Third Party Sites.

Security, Disruption & Illegal Activity. You agree not to attempt to gain unauthorized access to any secured portion or feature of Our Site or to any systems or networks connected to Our Site by hacking, password “mining” or any other illegitimate means. You agree not to probe, scan or test the vulnerability of Our Site or any network connected to Our Site, or to breach any security or authentication measures on Our Site or any network connected to Our Site. You agree not to attempt to retrieve any information pertaining to any other user of or visitor to Our Site, including any other user’s account information or personal identifying information. You agree not to take any action that imposes an unreasonable or disproportionate burden on the systems or networks that operate Our Site or the services or features available on it. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Our Site or any transaction being conducted on Our Site, or with any other person’s use of Our Site. You agree not use Our Site or any Content for any purpose that is illegal or infringes the rights of TinaToothFairy.com or any third party.

Changes to Our Site. You acknowledge and agree that TinaToothFairy.com may at any time and without notice: (1) modify, suspend or terminate operation of or access to Our Site, or any portion of Our Site, for any reason; (2) modify or change Our Site, or any portion of Our Site, including but not limited to the products or services available on Our Site or their prices, or any applicable policies or terms; and (3) to interrupt the operation of Our Site, or any portion of Our Site, as necessary to perform routine or non-routine maintenance or error correction, or to make any enhancements or changes.

Privacy. The TinaToothFairy.com Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view TinaToothFairy.com’s Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimer. TINATOOTHFAIRY.COM OFFERS NO ASSURANCE AND EXPRESSLY DISCLAIMS ANY GUARANTEE THAT OUR SITE, THE CONTENT, OR ANY SERVICE OR FEATURE OF OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS. OUR SITE AND THE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OUR SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. TINATOOTHFAIRY.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR YOUR USE OF OUR SITE AND ANY THIRD PARTY SITES ACCESSED FROM LINKS ON OUR SITE. YOUR AGREE THAT YOUR SOLE REMEDY AGAINST TINATOOTHFAIRY.COM FOR ANY COMPLAINT ARISING FROM USE OF OUR SITE OR THE CONTENT IS TO STOP USING OUR SITE AND THE CONTENT. THIS LIMITATION OF RELIEF IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Limitation of Liability. In no event will TinaToothFairy.com be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if TinaToothFairy.com has been advised of the possibility of such damages. If, notwithstanding the other provisions of these Terms, TinaToothFairy.com is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of Our Site or the Content, to the extent permitted by applicable law, TinaToothFairy.com’s liability shall in no event exceed the greater of the amount you paid to TinaToothFairy.com related to your claim or US$100.00.

Indemnity. You agree to indemnify and hold harmless TinaToothFairy.com, its officers, directors, shareholders, successors-in-interest, employees, agents, subsidiaries and affiliates from any demands, losses, liabilities, claims or expenses (including attorneys’ fees), made against TinaToothFairy.com by any third party due to or arising out of or in connection with your use of Our Site.

Dispute Resolution & Interpretation. In the event you have a dispute with TinaToothFairy.com, you agree to first contact us at info@TinaToothFairy.com, to provide a full and true statement of the facts underlying the dispute and to attempt in good faith to resolve the dispute with us informally. You agree that all matters relating to your access to or use of Our Site, including any disputes, will be governed by the laws of the United States and the State of Oregon without regard to conflicts of laws principles. To the extent permitted by applicable law, you agree that any legal proceeding arising from your access to or use of Our Site will be brought exclusively in the Superior Court of the City and County of Portland or the United States District Court for Oregon, and you hereby submit to personal jurisdiction and accept venue therein. The prevailing party in any such proceeding will be entitled to an award of costs reasonable attorney’s fees. Any claim under these Terms must be brought within one year after the cause of action arises, or the claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses (including attorney’s fees). If any of the provisions of these Terms are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms will remain in full force and effect. These Terms of Use together with all sales, return, shipping and other policies posted on Our Site constitute the entire agreement between you and TinaToothFairy.com with regard to your use of Our Site. TinaToothFairy.com’s failure to insist on or enforce strict performance of these Terms will not be construed as a waiver by TinaToothFairy.com of any provision or any right it has to enforce these Terms, nor will any course of conduct between TinaToothFairy.com and you or any other party be deemed to modify any provision of these Terms.

Void Where Prohibited. Although Our Site may be accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on Our Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. TinaToothFairy.com reserves the right to limit, in its discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on Our Site is void where prohibited. If you choose to access Our Site from outside the United States, you are responsible for compliance with all applicable laws, including local laws.

Updates to Terms. TinaToothFairy.com may, in its sole discretion, modify or update these Terms from time to time, so you should review this page periodically. When we make material revisions to the Terms, we will update the ‘last modified’ date at the bottom of this page. Your continued use of Our Site after each such revision constitutes your acceptance of the revised Terms. If at any time you do not agree with the then applicable Terms, you must refrain from accessing and using Our Site.

The information contained in this website is subject to change without notice. -

Copyright©2008-2013 -  

All Rights Reserved -

Rosemary R. Evans -

TinaToothFairy.com -

333 So. State Street, Suite v216 -

Lake Oswego, OR 97034

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