::LAX Department Store | User Agreement & Policy::

Introduction: Welcome to the LAX Department Store (“LAX Department Store,” “us” or “we”) web site (“Site”). Please review the following User Agreement & Privacy Policy (“Agreement”) that governs your use of our Site. Please note that with each use of our Site, you unconditionally agree to follow and be bound by this Agreement. If you do not agree to these terms, you should not review information on or use the Site. Although you may bookmark a particular portion of this Site and/or bypass this Agreement, your use of this Site still binds you to the terms of this Agreement. LAX Department Store reserves the right to update or modify this Agreement at any time without prior notice. Your use of the Site following any such change constitutes your unconditional agreement to follow and be bound by the Agreement as amended. For this reason, you should review this Agreement whenever you use this Site.

Acceptance of Agreement: You agree to the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, if any, and the subject matter of this Agreement. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO EACH USE OF THE SITE.

Eligibility for Use: The Site is available only to individuals over 18 years of age and businesses that can form legally binding contracts under applicable law. Further, the Site shall only be used while within the borders of the U.S. and its territories. If you do not meet all of these eligibility requirements, please do not use the Site. We reserve the right to disapprove, curtail or terminate your use of the Site at any time, for any reason and in our sole discretion without notice to you. YOUR USE OF THE SITE SHALL CONSTITUTE YOUR ACCEPTANCE OF THIS AGREEMENT IN ITS ENTIRETY.

Products, Quantities and Prices: Due to the nature of our business, the products and quantities online and in store at LAX Department Store store may vary. Products shown on the Site are merely representative of the type of products that we typically carry. If you visit our store for a certain product or a specific quantity of a product, that product may no longer be available and, if it is available, we may not have enough/any in stock to fill your order. By displaying products, quantities and prices on the Site we are not creating an offer for sale. The Site and any goods listed therein are for illustrative purposes only. Should you have any questions regarding the products, quantities available or prices, please visit your local LAX Department Store store.

Intellectual Property: The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Site. LAX Department Store and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under LAX Department Store or any third party's intellectual property rights. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply LAX Department Store’s endorsement, sponsorship or recommendation of the third party, information, product or service. LAX Department Store is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.

Trademarks: LAX Department Store and others are trademarks of Archway Enterprises or their respective owners. Other product and company names mentioned on the Site are trademarks of their respective owners.

Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, non-exclusive license for use solely by you for you own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this site is the property of LAX Department Store or its suppliers and protected by U.S. and international copyright laws. The content and software on this site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this site is strictly prohibited.

Editing, Deleting and Modification: We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Site Security: Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. LAX Department Store may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from us on the Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

User Comments and Submissions: All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to LAX Department Store on or by the Site or otherwise disclosed, submitted or offered in connection with your use of the Site (collectively, the "Comments") shall be and remain LAX Department Store’ property. Such disclosure, submission or offer of any Comments shall constitute an assignment to LAX Department Store of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, LAX Department Store will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. LAX Department Store is and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. We welcome your comments regarding the Site. However, any Comments submitted by you shall be and remain the exclusive property of LAX Department Store. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Indemnification: You agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys’ fees, related to your violation of this Agreement or use of the Site.

Nontransferable: Your right to use the Site is not transferable. Any password or right given to you to obtain information or document is not transferable, and shall be held strictly confidential.

Disclaimer: THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LAX Department Store OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF LAX Department Store HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LAX Department Store BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

Securities Laws: The Site may include statements concerning LAX Department Store’s operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. Theses statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on the Site, words like “anticipates,” “expects,” “believes,” estimates,” “seeks,” “plans,” "project", “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site, and the information contained herein, does not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

Information and Press Releases: The Site may contain information and press releases about LAX Department Store. While this information was believed to be accurate as of the date prepared, LAX Department Store disclaims any duty or obligation to update this information or any press releases. Information and news articles not drafted by LAX Department Store and information about companies or individuals other than LAX Department Store contained in the press releases or otherwise should not be relied upon as being provided or endorsed by LAX Department Store.

Use of Information: We reserve the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy section.

Termination: This Agreement is effective unless and until terminated by either you or LAX Department Store. You may terminate this Agreement at any time, provided that you discontinue all further use of the Site. LAX Department Store also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in LAX Department Store’s sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or LAX Department Store, you must promptly destroy all materials downloaded or otherwise obtained from the Site, as well as all copies of such materials, whether made under this Agreement or otherwise. This Agreement is effective unless and until terminated by either you or LAX Department Store.

General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Site, our products and services, and your purchases and browsing.

No Agency: You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Site.

Links to Other Websites: The Site may contain links to third-party websites. We are not responsible for the content, accuracy or opinions expressed in such third-party websites, and any such third-party websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party website on the Site does not imply approval or endorsement of the linked third-party website by us. If you leave the Site and access these third-party websites, you do so at your sole risk.

Third-Party Services: We may allow access to third-party sites from whom you may purchase certain goods or services, or access certain information (“Merchants”). You understand that we do not operate or control the products, services or information offered by Merchants. Merchants are responsible for all aspects of the information provided or collected, order processing, fulfillment, billing, customer service and website hosting/development. We are not a responsible party to the transactions and relationships entered into between you and Merchants. You agree that use of and interaction with such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESS, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS AND RELATIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER WEBSITE LINKED TO OUR SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE SITE IS HOSTED BY IPOWERWEB, AND YOU AGREE TO BE BOUND BY ALL OF THEIR TERMS AND CONDITIONS WITH RESPECT TO THE SITE AND THE MERCHANTS’ WEBSITES.

Third-Party Merchant Policies: All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on their respective websites. We are not responsible for information provided by you to Merchant. We and the Merchants are independent contractors and neither party has the authority to make any representation or commitments on behalf of the other.

Information: You represent and warrant that any information you supply is true, correct and complete.

Copyrights and Copyright Notices: We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:

Notices should be sent to: General Counsel, 4747 W. Century Blvd., Inglewood, CA 90304.

Miscellaneous: This Agreement shall be treated as though it were executed and performed in Inglewood, California, and shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principals. Any cause of action by you with respect to the Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Los Angeles County, California. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, goods and services provided by or through the Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. THIS AGREEMENT MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST AGREEMENT WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.

Our Privacy Policy was developed as an extension of our commitment to the highest level of integrity in dealing with our customers. The Privacy Policy is designed to assist you in understanding how we collect, use and safeguard the personal information you provide to us, and to assist you in making informed decisions when using the Site. The Privacy Policy will be continuously assessed against new technologies, business practices and our customers’ needs. The Privacy Policy, as it may be amended from time to time, is incorporated into and made a part of the Agreement and is subject to the terms and conditions of the Agreement.

When you visit the Site you may provide us with two types of information: personal information you knowingly choose to disclose that is collected on an individual basis (“Personal Information”), and Site use information collected on an aggregate basis as you and others browse the Site (“Use Information”).

The Site is not hosted on our server. The Site is hosted by a third party service provider, IPowerWeb (“Host”). The Host may have its own privacy policy and user agreement that you should review before use of the Site. The Host and we may employ all of some of the information gathering methods discussed in this Privacy Policy, in addition to any methods used by the Host and not described herein. You agree that we are not responsible for the methods employed by the Hosts.

Personal Information. If you choose to sign up to receive our emails, you will need to give Personal Information. If you opt into the email notification program, you will need to provide your name and email address. Also, you may be asked to provide your name, address, telephone number and other Personal Information. In addition to providing the foregoing information, if you choose to correspond further with us through email, we may retain the content of your email message together with your email address and responses. We provide the same protection to these communications that we employ in the maintenance of information received by mail and telephone.

Use Information. Similar to other commercial websites, a Host and we may utilize a standard technology called “cookies” and web server logs to collect information about how the Site is used. Information gathered through cookies and web server logs may include the date and time of visits, the pages and products viewed, time spent at the Site, and the websites visited just before and after the Site. None of this information is associated with you as an individual.

Protecting Your Email Address and Password. It is solely your responsibility to maintain the privacy of your email address and password, as such will provide access to the Personal Information that you submit. Please keep your email address and password in a safe place. We have no liability to you for a stolen or misappropriated email address or password.

How Do We Use the Information That You Provide to Us? Broadly speaking, we use Personal Information for purposes of administering our business activities, providing electronic promotional flyers, customer service and making available other products and services to our customers and prospective customers. Occasionally, we may also use, but are not required to, the information we collect to notify you about special offers we think you will find valuable. The lists used to send you communications are developed and managed under our traditional company standards designed to safeguard the security and privacy of our customers’ personal information. You will be given the opportunity, by registering on the Site, to receive electronic promotional flyers and other communications from us, and the opportunity, by emailing us, to notify us of your desire not to receive these flyers and communications.

What Are Cookies? Cookies are a feature of web browser software that allows web servers to recognize the computer used to access a website. Cookies are small pieces of data that are stored by a user’s web browser on the user’s hard drive. Cookies can remember what information a user accesses on one web page to simplify subsequent transactions with that website by the same user or to use the information to streamline the user’s transactions on related web pages. This makes it easier for a user to move from web page to web page and to complete commercial transactions over the Internet. Cookies should make your online experience easier and more personalized.

How Do We Use Information We Collect from Cookies? A Host and we may use website browser software tools such as cookies and web server logs to gather information about the Site users’ browsing activities, in order to constantly improve the Site and better serve our customers. This information assists us to design and arrange our web pages in the most user-friendly manner and to continually improve the Site to better meet the needs of our customers and prospective customers. Cookies help collect important business and technical statistics. The information in the cookies let us trace the paths followed by users to the Site as they move from one web page to another. Web server logs allow us to count how many people visit the Site and evaluate the Site’s visitor capacity. We do not use these technologies to capture your individual email address or any personally identifying information about you although they do permit us to send focused online banner advertisements or other such responses to you.

Third Parties’ Products and Services: From time to time, you may notice offers from outside companies advertised on the Site. We do not take measures to select product or service providers that are responsible and afford privacy protections to their customers. We do not monitor these companies and cannot make any representations about the practices and policies of these companies. This shall include offers made by Hosts.

Sharing Information with Strategic Partners and Affiliated Parties: We may enter into strategic marketing alliances and web development alliances where a third party may be given access to Personal Information (including, without limitation, the information in the Personal Information Section of this Privacy Policy) and User Information for the purpose of providing you information regarding products and services, and to permit certain parties to monitor, host, develop and maintain the Site.

Do We Disclose Information to Outside Parties (not already discussed above)? We may provide aggregate information about our customers, Site traffic patterns and related Site information to third parties, but this information will not include Personal Information, except as otherwise provided in this Privacy Policy.

Notice of New Services and Changes: Occasionally, we may also use the information we collect to notify you about important changes to the Site, new services and products, and special offers we think you will find valuable. You will be given the opportunity to notify us of you desire not to receive these offers by sending us an email request at info@laxdepartmentstore.com.

Are Information Transmissions Secured? No, we do not encrypt or otherwise provide secure servers for Personal Information that you send us. We do not scramble the information en route and decoded once it reaches the Site. Information and email that you may sent to us may not be secure.

How Do We Protect Your Information? As we deem it necessary, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the security, confidentiality and quality of our information. Our corporate values, ethical standards, policies and practices are committed to the protection of customer information.

How Can You Access and Correct Your Information? You may request access to all of your Personal Information that we collect online and maintain in our database by emailing info@laxdepartmentstore.com.

What About Legally Compelled Disclosure of Information? We may disclose information when legally compelled to do so, in other words, when we believe that the law requires it or for the protection of our legal rights.

What About Other Websites Linked to Our Site? We are not responsible for the practices employed by websites linked to or from the Site nor the information or content contained therein. Often links to Hosts and other websites are provided solely as pointers to information to topics that may be useful to the users of the Site. Please remember that when you use a link to go from the Site to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites that have a link on the Site, is subject to that website’s own rules and policies. Please read those rules and policies before proceeding.

Your Consent: By using the Site you consent to our collection and use of your Personal Information, Use Information and all other information as described in this Privacy Policy. If we change our Privacy Policy, we will post those changes on the Site to keep you aware of what information we collect, how we use it and under what circumstances we may disclose it. OUR PRIVACY POLICY MAY BE AMENDED AT ANY TIME BY US FROM TIME TO TIME WITHOUT SPECIFIC NOTICE TO YOU. THE LATEST PRIVACY POLICY WILL BE POSTED ON THE SITE, AND YOU SHOULD REVIEW THIS AGREEMENT PRIOR TO USING THE SITE.

Effective Date: This Agreement is effective September 10, 2006, and may be modified in accordance with the terms hereof.