Terms and Conditions of Use
The Holiday Technologies site at www.holidaytechnologies.com (the 'Site') is a copyrighted work belonging Holiday Technologies. Holiday Technologies grants you the right to use the Site subject to the terms and conditions of use ('Terms of Use') set forth below. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SITE, OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THIS SITE.

License
Subject to these Terms of Use, Holiday Technologies grants you a limited, royalty-free license to view the materials contained on the Site (the 'Materials') and make such copies only as may be incidentally created during your exercise of the foregoing through the normal operation of a commercially available web browser and a gateway cache and proxy obtaining the Materials from the Holiday Technologies server. You are not granted any right to use Holiday Technologies trademarks, logos, trade dress (including without limitation the layout of the Site) or other marks, and all such items shall remain the exclusive property of Holiday Technologies.

Your Consent
By using our site, you consent to our Privacy Policy.

Site Use Rules
Our Site may only be used for lawful purposes. Holiday Technologies specifically prohibits any use of our Site, and all users agree not to use our Site, for any of the following:

• Posting any incomplete, false or inaccurate information or information which is not your own accurate information;
• Posting of any material that defames, harasses, threatens, embarrasses, or abuses others; is racially or ethically offensive; or is obscene, abusive, hateful, pornographic, vulgar, or harmful to anyone, but especially to children;
• Deleting or revising any material posted by any other person or entity;
• If you have a password allowing access to a non-public area of our Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose;
• Harming minors in any way;
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity; or
• Aggregating, copying or duplicating in any manner any of the materials or information available from our Site.

We do not knowingly collect identifiable information from anyone under thirteen years of age.

Linking
Holiday Technologies generally welcomes links to the Website from other reputable websites. However you may provide links only to the homepage of this Website, and only if (a) you do not remove or obscure, by framing or otherwise, any portion of the homepage or any other page and (b) you discontinue providing links to this Website if requested by Holiday Technologies. If you wish to provide links to a section within the Website, you should forward your request to Holiday Technologies at sales@holidaytechnologies.com and Holiday Technologies will notify you if permission is granted, and, if so, the terms and conditions of the permission.

Registration and Passwords
If you register on our Site, you agree to provide accurate and complete information about yourself and to maintain and update such information so it remains accurate and complete following registration. Failure to provide accurate and complete information or to update such information shall be adequate grounds for us to either suspend or terminate your account.

Upon completing the registration process, you will receive a password and user name. You are responsible for maintaining the confidentiality of your password and user name and are responsible for any activities that occur under your password and user name.

Accuracy of Content and Pricing Information
Because prices, product descriptions and availability can change quickly, Holiday Technologies does not warrant the accuracy or completeness of the information provided on the Site. Also, Holiday Technologies may make changes to the information contained herein, including to the products and prices described in the site, at any time, without prior notice to you (including after you have submitted your order). Information at this Site is periodically updated, but it may not be current or complete at the moment you visit this Site and may contain errors or inaccuracies. In no event shall Holiday Technologies or its service or product providers be liable to you in any manner whatsoever for any decision made by you, or for any act or failure to act by you, in reliance upon information provided at this Site. If a product you purchase does not match the description on the Site, as your sole and exclusive remedy you may return the product, unused, to Holiday Technologies and receive a refund of your purchase price.

Items in your shopping cart will reflect the most recent price displayed on the item's product detail page. Prices are frequently updated to adjust for different sales, limited pricing, and other discounting. Therefore, prices on the product detail page and in your cart may change after such updates to reflect the current prices. Placing items in your cart does not reserve the current prices shown at that time, and prices are reserved only by placing an order. From time to time, despite our efforts, a small number of the items in our catalog may be priced incorrectly. Please note that such errors or inaccuracies may be related to product descriptions, pricing and availability. In the event of a pricing error, Holiday Technologies will take one of the following options: (1) If an item's correct price is lower than our stated price, we may charge the lower amount and ship you the item; or (2) if an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We apologize for any inconvenience. If you are not satisfied with your purchase due to any errors or inaccuracies, you may return it in accordance with our return procedure. Discounts are limited-time offers and are not valid with other offers.

For shipping, cancellations, and other ordering questions, please refer to our Shipping and Returns page.

Typographical Errors
In the event that a Holiday Technologies product is mistakenly listed at an incorrect price, Holiday Technologies reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Holiday Technologies reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Holiday Technologies shall issue a credit to your credit card account in the amount of the incorrect price.

Limited Quantities
Some products, including those identified as Specials, Closeouts, and Limited Quantity items may be limited to stock on hand and are offered on a first come, first served basis.

List Prices
List Price is the suggested retail selling price of a product provided to us by manufacturers. We may commonly sell products at prices lower than List Price, and, for any given product, no sales may have occurred at List Price.

List Price is a benchmark to compare our discounts from List Price to pricing offered by other retailers. Whether other retailers sell at List Price will vary by product, geographic location, type of store, and over time.

Although we periodically update the List Prices on our website as we receive them, in some cases manufacturers may change a suggested retail price without notice to us.

Please contact Holiday Technologies via email for the most up-to-date List Price information.

List Prices quoted for house or private label brands are developed internally in consideration of comparable name brand products. We may commonly sell such products at prices lower than List Price and, for any given product, no sales may have occurred at List Price.

Although our limited time events are intended to be limited time events, our low prices offered during these events may continue in effect after the event.

Values associated with items labeled 'free with purchase' are based upon list price.

Modification
Holiday Technologies reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any part thereof with or without notice. You agree that Holiday Technologies will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Secured Areas
Your use of any areas of the Site secured by a user name/login screen ('Secured Areas'), including but not limited to purchases of products from the Site, is governed by the terms and conditions of a separate agreement. You are granted no rights or licenses to use the Secured Areas under this Agreement.

Mailings
By submitting your name, e-mail address, and any other personal information to Holiday Technologies, you hereby grant Holiday Technologies, subject to the Holiday Technologies Privacy Policy a royalty-free license to use and disclose this information, including but not limited to using and disclosing such information in connection with periodic mailings to you about Holiday Technologies products, services, and news ('Mailings'). The terms and conditions of this Agreement shall apply to all such Mailings.

Submissions
All remarks, suggestions, ideas, graphics, data, personal information, resumes, questions or other information communicated to Holiday Technologies through the Site, by facsimile or through the mail (electronic or otherwise) (a 'Submission') will forever be the property of Holiday Technologies. Unless otherwise specified in our Privacy Policy, Holiday Technologies will not treat any Submission as confidential or proprietary and will not be liable for the use of any ideas for its business (including, without limitation, service or promotion ideas) and will not incur any liability as a result of any similarities that may appear in future Holiday Technologies services or operations. Without limitation, Holiday Technologies will have exclusive ownership of all present and future existing rights to the Submission for any commercial or other purpose whatsoever, without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Holiday Technologies, have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright.

Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Holiday Technologies or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. 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 online service or other organization.

Participation Disclaimer
Holiday Technologies does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Holiday Technologies 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. However, Holiday Technologies reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Holiday Technologies LLC in its sole discretion.

Copyrights
The Site and the Materials are copyrighted works Holiday Technologies and/or its suppliers. Neither the Site nor the Materials may be reproduced, displayed, modified or adapted, distributed or transmitted in any form by any means (including, but not limited to, electronic duplication or transmission) without the prior written permission of Holiday Technologies. 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 Holiday Technologies used in the site are trademarks or registered trademarks of Holiday Technologies.

Warranty Disclaimer
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED ON AN 'AS IS' BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HOLIDAY TECHNOLOGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Holiday Technologies 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 or the server that makes the site available are free of viruses or other harmful components. Holiday Technologies does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You hereby acknowledge that any use of the Website and reliance upon any Materials shall be at your sole risk and that Holiday Technologies shall not be liable for any loss of data, lost profits or any other damages or losses resulting from such use. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
IN NO EVENT SHALL HOLIDAY TECHNOLOGIES BE LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR ANY CLAIMS OF YOU OR OTHER THIRD PARTIES WHATSOEVER WITH RESPECT TO THE WEBSITE OR THE MATERIALS REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM ANY MISTAKE, OMISSION, VIRUS, DELAY OR INTERRUPTION IN OPERATION OR SERVICE OR FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM AN ACT OF GOD, COMMUNICATIONS FAILURE, THEFT OR OTHERWISE. HOLIDAY TECHNOLOGIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER RESULTING FROM ANY FAILURE OF THE INTERNET. Some jurisdictions do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such jurisdictions liability is limited to the fullest extent permitted by law.

Indemnification
You agree to indemnify, defend, and hold harmless Holiday Technologies, its officers, directors, employees, agents, licensors and suppliers (collectively the 'Service Providers') 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 account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of Kansas, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Holiday Technologies products) shall be in the state or federal courts located in Johnson County, Kansas. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Holiday Technologies products) must be commenced within one (1) year after the claim or cause of action arises. Holiday Technologies' 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. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Holiday Technologies may assign its rights and duties under this Agreement to any party at any time without notice to you.

Amendment
Holiday Technologies may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions, and you should periodically visit this page of the Site to examine the then-current Terms of Use by which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages of this Site.

Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Holiday Technologies without notice at any time, for any reason. The provisions relating to Copyrights, Trademarks, Warranty Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall survive any termination.

Notice
Holiday Technologies may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Holiday Technologies.

If you have any questions about these Terms of Use or our Privacy Policy, you may contact Holiday Technologies at:

Holiday Technologies
13701 West 70th Street
Shawnee, KS 66216
sales@holidaytechnologies.com

General
Company reserves the right to investigate complaints or reported violations of the Conditions of Use and to take any action Company deems appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the Company's Website. These Conditions of Use incorporate by reference any notices contained on the Website and constitutes the entire agreement with respect to access to and use of the Website. If any provision of these Conditions of Use is unlawful, void or unenforceable then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability. These Conditions of Use shall for all purposes be governed by and interpreted in accordance with the laws of the State of Kansas as those laws are applied to contracts entered into and to be performed entirely in Kansas, without regard to conflicts of law provisions. Any suit or proceeding arising out of or relating to these Conditions of Use shall be commenced exclusively in state or federal court in Johnson County, Kansas, and you irrevocably submit to the exclusive jurisdiction and venue of such courts and to also pay such fees and expenses Company incurs (including reasonable attorney fees and court costs) if and to the extent Company successfully prevails against you for your violation of any of the Conditions of Use.