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Terms of Use

This web site, located at www.divertidoshop.com (the “Site”, or “web site”) is provided by Divertido LLC (“Divertido,” “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).

Divertido provides its services to you subject to the following conditions. All users of this Site agree that access to and use of this Site are subject to the Terms of Use and other applicable law. By accessing this Site, you accept, without limitation or qualification, these Terms of Use. Please read them carefully. If you do not agree with the terms and conditions set forth herein, please do not use this web site.

We reserve the right to update or modify the Terms of Use at any time without prior notice. For this reason, we encourage you to review the Terms of Use whenever you purchase products from us or use our Site.

Privacy

Please review our Privacy Policy, which also governs your visit to this Site, to understand our practices. Our Privacy Policy is incorporated and made part of the Terms of Use. You hereby agree to such Privacy Policy. Any personal data you transmit to the Site will be used as described in the Privacy Policy.

Electronic Communications

When you visit this Site 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.

You may elect to discontinue all future correspondence from this Site by contacting us using the contact information available at the Site.

Copyrights

All content included on this Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Divertido or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Divertido, with copyright authorship for this collection by Divertido, and protected by United States and international copyright laws. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Divertido or purchasing Divertido products. Any other use, including, but not limited to, the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Divertido. You further agree not to change or delete any proprietary notices from materials downloaded from the site.

Trademarks

All trademarks, service marks and trade names of Divertido used in the site are trademarks of Divertido. Divertido’s trademarks and trade dress may not be used in connection with any product or service that is not Divertido’s, in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits Divertido. All other trademarks not owned by Divertido appearing on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Divertido.

License and Site Access

Divertido 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 Divertido. 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 Divertido. 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 Divertido without express written permission. You may not use any meta tags or any other “hidden text” utilizing Divertido’s name or trademarks without the express written consent of Divertido. Any unauthorized use terminates any permissions or licenses granted by Divertido.

You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial service or other such organization.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Divertido so long as the link does not portray Divertido, its suppliers and partners, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Divertido logo or other proprietary graphic or trademark as part of the link without express written permission.

Reviews, Comments, Emails, and Other Content

Visitors may post reviews, comments, and other content, and may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Divertido reserves the right to block or remove any content we have deemed offensive, fraudulent, abusive, or otherwise inappropriate at our sole discretion. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Divertido is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a submission, comment or any other content. Divertido reserves the right, but not the obligation, to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, unless we indicate otherwise, you grant Divertido and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Divertido and its associates and sublicensees the right to use the name that you submit in connection with such content, if we so choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post, that the content is accurate, that use of the content you supply does not violate this policy and will not cause injury to any person or entity, and that you will indemnify Divertido or its associates for all claims resulting from content you supply. Divertido has the right, but not the obligation, to monitor and edit or remove any activity or content. Divertido takes no responsibility and assumes no liability for any content posted by you or any third party.

Product Descriptions

Divertido and its associates attempt to be as accurate as possible. However, Divertido does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by Divertido itself is not as described, your sole remedy is to return it in unused condition.

In the event that Divertido lists an incorrect price, through mistake, typographical error, or otherwise, Divertido reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Divertido reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged.

The prices displayed on our Web Site or in our catalog are quoted in U.S. Dollars and are valid and effective only in the U.S.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THIS SITE IS PROVIDED BY DIVERTIDO ON AN “AS IS” AND “AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. DIVERTIDO 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, INCLUDING ANY USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DIVERTIDO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIVERTIDO DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DIVERTIDO ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIVERTIDO 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, SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Applicable Law

By accessing this site, you agree that the Terms of Use agreement and use of this Site shall be governed by the laws of the Commonwealth of Pennsylvania irrespective of choice of law provisions, and Divertido may seek injunctive or other appropriate relief for any dispute arising out of the Terms of Use or the use of this Site in any state or federal court in the Commonwealth of Pennsylvania, including the Federal District Court for the Western District of Pennsylvania. Both parties hereby submit to the exclusive jurisdiction and venue of such courts and you waive any and all objections thereto such that the parties facilitate full enforcement of rights.

Indemnification

You agree to indemnify, defend, and hold harmless Divertido, its owner(s), employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your activity related to the Site, including negligent or wrongful conduct, by you or any other person accessing the site on your behalf or under your direction.

Termination

The Terms of Use are applicable to you upon your accessing the site or commencing the shopping process. These terms and conditions, or any part of them, may be terminated by Divertido without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer and Limitation of Liability, and Indemnification, shall survive any termination.

Site Policies

Please review our other policies posted on this Site, as these policies also govern your visit to this Site.
Severability, Waiver, and Assignment
If any condition provided herein 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. Failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. In addition, neither the course of conduct between the parties nor trade practice shall act to modify or waive any of these terms and conditions. Divertido may assign its rights and duties under the Terms of Use to any party at any time without notice to you.

Links to other Web Sites

To the extent our Site contains links to outside web sites, the availability and content of which Divertido does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside web site.

Questions

Questions regarding the Terms of Use, Privacy Policy, or other Site material can be directed to us through the contact information available on the Site, or you can email us at: info@divertidoshop.com