1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF USE. Welcome to intimatesurprises.com (the "Site"). The Site, which is operated by Intimate Surprises ("Intimate Surprises" or the "Company"), and the services (the "Services") offered at the Site are provided to you only on the terms and conditions described in these Terms of Use. BY USING THE SITE OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW AS IF YOU HAD SIGNED A WRITTEN AGREEMENT. Please review these Terms of Use carefully. If you do not agree to these terms, you should not use the Site or any of the Services. The Terms of Use for this Site may be revised at any time by Intimate Surprises without any specific notice to you. The latest and most current version of the Terms of Use will be posted on this Site and available for your review at any time. It is your responsibility to do so often. The term "you" or "user" refers to all individuals and entities accessing this Site for any reason.
2. Policy Concerning Users Under 18 Years Old. The Services are not intended for use by those under 18 years of age. If you are under 18 years of age, you may not use the Site or the Services.
3. INTELLECTUAL PROPERTY. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other materials related to the Site contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the "Intellectual Property"), which are owned by the Company, its licensors, affiliates or partners. The Intellectual Property is protected by law. All rights in the Intellectual Property are reserved to the Company or its licensors, affiliates or partners. You may not use the Intellectual Property or copy the Intellectual Property in whole or in part, without prior written permission from the Company. You do not acquire ownership or proprietary rights to any content, Intellectual Property, document or other materials viewed through the Site. You do not acquire Intellectual Property rights in any item purchased through the Site.
"Intimate Surprises" and "Hotel Surprises" are trademarks of the Company. Other product and company names appearing on the Site may be trademarks of their respective owners.
4. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE SITE IS AT YOUR SOLE RISK. THE SITE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
5. INDEMNIFICATION. You agree to indemnify and hold harmless the Company, its subsidiaries, affiliates, independent contractors and partners, and their respective officers, directors, shareholders, employees, celebrities, agents, attorneys and representatives, from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or any of the Services, your violation of these Terms of Use, or your violation of the rights of any third party.
6. PAYMENT. You authorize us to charge you for use of the Services, at the posted prices, on a monthly basis, beginning immediately upon enrollment and continuing until your membership term expires.
You represent and warrant that: (i) any credit card or other payment information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
7. Undeliverable shipments. The Company is not responsible for incorrectly entered shipping addresses or for changes of address. Please be sure that you are entering the correct address at checkout and to include applicable apartment or suite numbers. Notify us immediately via email if there is a change in address.