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Welcome to our online store! BestVanilla provide their services to you subject to the following
conditions. If you visit or shop within this website, you accept these conditions. Please read them carefully.
ELECTRONIC COMMUNICATIONS
When you visit BestVanilla or send e-mails to us, you are communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically
satisfy any legal requirement that such communications be in writing.
STATEMENTS
The statements made and opinions expressed on this page are those of the independent Watkins associate who is the
publisher of this document and are not to be construed as the statements or opinion of Watkins Incorporated.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads,
data compilations, and software, is the property of BestVanilla or its content suppliers, Watkins, and protected by
United States and international copyright laws. The compilation of all content on this site is the exclusive property of
BestVanilla and protected by United States and international copyright laws. All software used on this site is the property
of BestVanilla or its software suppliers and protected by United States and international copyright laws.
The software application provider and author for "osCommerce", is used under the GNU GENERAL PUBLIC LICENSE and all original
authorship and credit for osCommerce remains the intellectual rights of www.oscommerce.com.
TRADEMARKS
BestVanilla logo, trademarks or similar may not be used in connection with any product or service that is not BestVanilla,
in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BestVanilla.
All other trademarks not owned by BestVanilla or its subsidiaries that appear on this site are the sole property of their
respective owners, who may or may not be affiliated with, connected to, or sponsored by BestVanilla or its subsidiaries.
LICENSE AND SITE ACCESS
BestVanilla grants you a limited license to access and make personal use of this site and not to download
(other than page caching) or modify it, or any portion of it, except with express written consent of BestVanilla.
This license does not include any resale or commercial use of this site or its contents; any collection and use
of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading
or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar
data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied,
sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BestVanilla.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information
(including images, text, page layout, or form) of BestVanilla and our associates without express written consent.
You may not use any meta tags or any other "hidden text" utilizing BestVanilla name or trademarks without the express
written consent of BestVanilla. Any unauthorized use terminates the permission or license granted by BestVanilla. You are
granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of BestVanilla so long as
the link does not portray BestVanilla, its associates, or their products or services in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any BestVanilla logo or other proprietary graphic or trademark as part of
the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for
restricting access to your computer, and you agree to accept responsibility for all activities that occur under your
account or password. If you are under the age of 18 years, you may use BestVanilla only with the involvementand consent
of a parent or guardian. BestVanilla and its associates reserve the right to refuse service, terminate accounts, remove
or edit content, or cancel orders in their sole discretion.
COPYRIGHT COMPLAINTS
BestVanilla respects the intellectual property of others. If you believe that your work has been copied in a way that
constitutes copyright infringement, email us with your complaint.
RISK OF LOSS
All items purchased from BestVanilla are made pursuant to a shipment contract. This means that the risk of loss and
title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
BestVanilla attempts to be as accurate as possible. However, BestVanilla does not warrant that product descriptions or
other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by BestVanilla
itself is not as described, your sole remedy is to return it in unused condition.
OTHER BUSINESSES
Parties other than BestVanilla and its subsidiaries operate stores, provide services, or sell product lines on this site.
In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible
for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the
content of their Web sites. BestVanilla does not assume any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should carefully review their privacy statements and other
conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY BestVanilla ON AN "AS IS" AND "AS AVAILABLE" BASIS. BestVanilla MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BestVanilla DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BestVanilla DOES NOT
WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM BestVanilla ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BestVanilla WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED
TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.
IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting BestVanilla, you agree that the laws of the state of Texas, without regard to principles of conflict of
laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BestVanilla.
DISPUTES
Any dispute relating in any way to your visit to BestVanilla or to products you purchase through BestVanilla shall be
submitted to confidential arbitration in Houston, Texas, except that, to the extent you have in any manner violated
or threatened to violate BestVanilla intellectual property rights, BestVanilla may seek injunctive or other appropriate
relief in any state or federal court in the state of Texas, and you consent to exclusive jurisdiction and venue in
such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of
competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, posted on this site. These policies also govern your visit to BestVanilla. We reserve
the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions
shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not
affect the validity and enforceability of any remaining condition.
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