Acceptance of Terms
A Woman’s Touch reserves the right to change this Agreement or terminate access to this Site at any time, with or without notice. In the event of a change, your use of our Site constitutes acceptance of the most current version of this Agreement.
Access to Site
This Site is intended for use by mature adults only. This Site may not be accessed by anyone under 21 years of age (or 18 years of age where the law allows people 18 years or older to access adult content). Additionally, this Site may not be accessed by persons from countries, states, counties, municipalities or other geographic governing body where it is illegal to view, purchase, possess or transfer adult content.
This Site may contain content that is offensive to some individuals. Those individuals should not visit this site.
Health Related Content
The information contained on this Site is not intended to provide sexual or physical health therapy or counseling. Information contained on this site should not be relied upon to diagnose or treat sexual, physical, mental or any other ailments. Individuals should seek the advice of qualified medical practitioners for advice and treatment of such ailments.
Ownership, Copyright, and Trademark Matters
This Site is owned and operated by EB Inc d/b/a A Woman’s Touch Sexuality Resource Center. Unless stated otherwise, all of the content contained on the Site (including, but not limited to, text, images, descriptions and designs) is the intellectual property of EB Inc and is intended only for use on our Site. Accordingly, EB Inc owns the copyright to all information or materials provided here unless stated otherwise. No material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any manner or form except as explicitly provided below. Modification of the materials or use of the materials for any purpose other than those purposes explicitly permitted below is a violation of EB Inc’s copyright and/or other proprietary rights. The use of any materials from this Site on any other website or networked computer environment is prohibited.
The trademarks and service marks (“Trademarks”) used or displayed on this Site are registered and unregistered Trademarks of EB Inc, unless otherwise noted. Nothing in this Site should be construed as granting — by implication, estoppel, or otherwise — any license or right to use any Trademarks displayed on the site without the prior express written permission of EB Inc. The name “EB Inc” or “A Woman’s Touch” or A Woman’s Touch’s logos may not be used in any way without EB Inc’s prior written consent. You may not use A Woman’s Touch’s logos as a “hot” link to any other site unless the establishment of such a link is approved by A Woman’s Touch in advance and in writing.
Users of this Site are permitted to download one copy of the information in this Site for personal, noncommercial use. This limited, revocable privilege to use the content in no way constitutes a transfer of title or right to use the content in any improper way or for any commercial purpose whatsoever. You may not, under any circumstances, (a) modify the information on this Site or use it for any commercial purpose, or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble the information; (c) remove any copyright, trademark registration, or other proprietary notices from the information; or (d) transfer the information to another person.
Any materials submitted by users of our Site, including but not limited to e-mail, product reviews, postcards, discussion submissions, and traditional mail become the sole property of EB Inc. Users are prohibited from submitting content to this Site that is, or may be, illegal, threatening, obscene, harassing, defamatory or injurious to third parties. A Woman’s Touch will not tolerate solicitations, spamming, chain letters or software viruses on the Site. In addition, we ask that you not send us creative ideas, inventions, or similar materials. Any materials you do provide or submit to A Woman’s Touch will be the property of A Woman’s Touch, and A Woman’s Touch reserves the right to use or reject all or any parts of such material submitted. Content submitted by users of the site might be posted in whole or in part to the A Woman’s Touch site. A Woman’s Touch reserves the right to edit materials presented by users, but A Woman’s Touch does not necessarily monitor or refuse to publish material that may be deemed objectionable or offensive by certain individuals or entities.
Description- As possible, products are described as accurately and appropriately in order to ensure that customers understand the products they are ordering.
Color- Colors are represented as realistically as possible, but color variations of product images or color swatches are outside of the control of A Woman’s Touch because software, hardware and Internet connections can alter the appearance of colors. If you are unsatisfied with a product your sole remedy will be to return the product to A Woman’s Touch.
The prices on the site will not necessarily match prices in A Woman’s Touch’s catalogs or retail outlets. The prices on the site are valid only on the site and may not be matched over the phone or in retail outlets. That means if the site has a promotion, that promotion can only be received on the site and will not be honored over the phone.
Risk of Loss
All items purchased from A Woman’s Touch 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 a common carrier. If a common carrier loses an item that we have shipped in good faith, we will not refund your money. You need to contact the common carrier and apply to them for redress.
Disclaimer and Limitation of Liability
THE MATERIALS AND INFORMATION YOU FIND ON THIS SITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT.
This disclaimer applies to any damages or injury caused by any failure or performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of any recorded customer information.
You specifically acknowledge that EB Inc is not liable for your defamatory, offensive, infringing or illegal reference to, or posting on, the site. EB Inc reserves the right remove such materials from this Site without liability.
Under no circumstances, including, but not limited to, negligence, shall EB Inc be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this Site, even if EB Inc or a A Woman’s Touch authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall EB Inc’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for accessing this Site.
Applicable Law; Contract Interpretation
EB Inc’s principal place of business is in Wisconsin, and A Woman’s Touch operates this Site from its offices in Wisconsin. The laws of the State of Wisconsin apply to this Agreement, without regard to conflicts of laws principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and EB Inc relating to the subject of this Site.
You agree to defend, indemnify, and hold harmless EB Inc, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of this Site or your breach of the terms of this Agreement. EB Inc shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties or, if necessary, by resort to an appropriate federal or state court located in Madison, Wisconsin. You expressly waive and are estopped from asserting any right to pursue any claim against EB Inc relating to this Agreement in any forum or venue located outside of Madison, Wisconsin, in the event of the filing of any such claim, you stipulate to the transfer of such action to any appropriate or available forum or court in Madison, Wisconsin, at EB Inc’s sole discretion.
The Site may provide links to other sites (i.e. advertisers, affiliate partners, strategic partners or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals or the accuracy or content of their Web sites. EB Inc does not assume any responsibility or liability for the actions, product, and content of any such sites. Before you use any site you should review its applicable conditions of use and policies. The inclusion of a link in this Site does not imply EB Inc ’s endorsement of the site. If you decide to access linked third-party websites, you do so at your own risk.
A Woman’s Touch obtains item photographs, nutritional information and ingredients from manufacturers. This sometimes includes taking the information directly from the items themselves, or from the label or packaging of the items. We neither investigate to determine if the information is accurate nor can we provide assurance that all data entry was done without error. If manufacturers change ingredients or nutritional information or other specifications, we cannot assure you that we will update the information on this Site. Accordingly, the information displayed on the Site is not guaranteed to be 100% accurate and the actual item should be considered the authoritative source of all information with respect to the item.
The products and the claims made about specific products on or through this Site have not been evaluated by A Woman’s Touch or the United States Food and Drug Administration and are not approved to diagnose, treat, cure or prevent disease. The information on this site is for informational purposes only and is not intended as a substitute for advice from your physician or other healthcare professional, in addition to any warnings or other information contained on or in any product label or packaging. You should not use the information on this site for diagnosis or treatment of any health problem or for prescription of any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, before starting any diet or exercise program or before adopting any treatment for a health problem, or a suspected health problem of any kind.