GENERAL TERMS AND CONDITIONS OF SALE


TERMS AND CONDITIONS
Welcome to the website of NAMSOU, and its affiliates. The following Terms of Use govern all use of www.unitedofstbarth.com and all pages within it that are owned or operated by NAMSOU (the “Site”), including but not limited to those that are accessible with or without a username and password. These Terms of Use also govern all content, programs, services, features, activities, and products available through this Site, including but not limited to our credit card program (the “Credit Card Program”). Please read these Terms of Use carefully. These Terms of Use, along with our Privacy Policy found on www.unitedofstbarth.com, which is incorporated by reference in its entirety, constitutes a legally binding agreement between you and NAMSOU that conditions your use of the Site. By using or accessing the Site, or participating in certain of our programs, including but not limited to the Credit Card Program, you signify your acceptance of these Terms of Use and the terms of our Privacy Policy. If you do not agree to these Terms of Use or the terms of our Privacy Policy, then you may not access or use the Site. From time to time, promotional codes will be offered by the Site to extend users a discount on their purchase. Limit one discount per transaction. Discount may not be used toward every item. Discounts are not redeemable for cash for any reason. Promotion codes are non-transferable, not for resale, and cannot be combined with other offers. Any attempt at fraud will be prosecuted to the fullest extent of the law. Void where prohibited, taxed or restricted.

PRIVACY POLICY
Your privacy is important to us. We encourage you to read our Privacy Policy to understand our privacy practices, so that you may make an informed decision about using this Site, and/or the Credit Card Program. By using the Site or the Credit Card Program, you consent to all actions taken by us with respect to your information, in compliance with our Privacy Policy. You additionally represent and warrant that all data that you provide to NAMSOU is accurate.

CHANGES TO THE TERMS OF USE
We reserve the right to change these Terms of Use at any time at our sole discretion by posting revisions to this Site. Such revisions will be effective immediately upon posting them to this Site. You should review these Terms of Use each time you use the Site, including each time you participate in the Credit Card Program, so that you understand your rights, remedies, and obligations. Your use of the Site or the Credit Card Program after such changes have been posted shall constitute your acceptance of the revised Terms of Use.

ELIGIBILITY CRITERIA, REGISTRATION, AND SITE ACCESS
NAMSOU sells products that can be used for children, but does not sell products to children. NAMSOU sells products to adults only. This Site is not directed at children under the age of 18. You must be at least 13 years of age to access, use, or register for the Site, the Member Credit Card, or the Credit Card Program. If you are under 18 years of age, you may access, use, or register for the Site or the Credit Card Program only with the involvement of a parent or guardian. NAMSOU will not be liable for any damages that may result from misrepresentation of age by a user of our Site. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

COMMUNICATIONS WITH CUSTOMERS
When you visit the 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. We welcome your comments and feedback. All communications and comments submitted to us using this Site are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using this Site.

INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement thereof, contained on this Site are owned, controlled or licensed by or to NAMSOU, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

NAMSOU’s Content may not be used in connection with any product or service that is not NAMSOU’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NAMSOU. All other trademarks not owned by NAMSOU that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NAMSOU. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.

You are granted a limited, non-sublicensable right to access this Site and print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of this Site or any Content; 3) systematically collect and use any Content or data from this Site, including using data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of this Site or any Content; or 5) use, frame or utilize framing techniques to enclose any portion of this Site (including the images found at this Site, or any text or the layout/design of any page of this Site).

Any unauthorized use of this Site or any Content terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NAMSOU.com, so long as the link does not portray NAMSOU, or its products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any NAMSOU logo or other proprietary graphic or trademark as part of the link without express written permission.

SITE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed on NAMSOU.com. However, we do not warrant that product descriptions, pricing information, or other content on this Site are accurate, complete, reliable, current, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed on this Site. We reserve the right to discontinue the sale of any product listed on this Site at any time without notice. If upon receipt of a product offered by NAMSOU you find that it is not as described on the Site, your sole remedy is to return it in unused condition.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered on this Site may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Site, including any items ordered through the Credit Card Program, 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 the carrier.


Payment
All payments are due upon receipt. If a payment is not received or payment method is declined, the buyer forfeits the ownership of any items purchased. If no payment is received, no items will be shipped.

Shipping Policies
Shipping will be paid for by the buyer in the amount agreed upon by the seller at the time of purchase. If an item is lost during shipping, the total cost of item, including shipping, will be refunded to the buyer by the seller. Shipping costs may double if shipping internationally. If an item is damaged during shipping, seller will not be held responsible.

Refund/Return Policy
Items are entitled to be refunded or returned based on complaint made within 7 days. If an item is unsatisfactory, a written explanation is needed before the item may be considered for a refund. Buyer must take into account the description of the item before requesting a refund. If the item matches the description by the seller and the buyer is unsatisfied, NAMSOU is not responsible for refund. Exchanges are granted on a case-by-case basis.

Cancellation
An item may be cancelled up until payment has been processed. Once payment has been processed, the buyer is responsible for payment.

Complaints
Any complaints about items or sellers may be sent to our support team found on the contact section of unitedofstbarth.com. There is no guarantee of a resolution. Each case will be looked at individually, and the NAMSOU will be in contact as well.

Legalities
NAMSOU is not responsible for any health or safety concerns once the buyer has received the item. If any harm is incurred from the items purchased by the buyer, the NAMSOU shares no responsibility.

These terms and conditions are subject to change.


DISCLAIMER OF WARRANTIES
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY NAMSOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NAMSOU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THIS SITE AND THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE AT YOUR SOLE RISK.
NAMSOU DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SITE (INCLUDING PRIZES AVAILABLE THROUGH THE MEMBER CREDIT CARD) ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
You understand that NAMSOU cannot and does not guarantee or warrant that files available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to this Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, MEMBER CREDIT CARD PROGRAM, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SITE OR ANY WEBSITE LINKED TO THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATIONS ON LIABILITY
IN NO EVENT WILL NAMSOU, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, THE CREDIT CARD PROGRAM, THE CREDIT CARD PROGRAM, ANY WEBSITES LINKED TO THIS SITE, ANY CONTENT OF THIS SITE, ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THIS SITE, OR ANY SERVICES OR ITEMS OBTAINED OR PURCHASED THROUGH THE CREDIT CARD PROGRAM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORSEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.


PROHIBITED USES
You may use this Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use this Site in any manner that violates any applicable federal, state, local and international law or regulation;
To send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of this Site;
In any manner that could disable, overburden, damage, or impair this Site or interfere with any other party’s use of this Site, including their ability to engage in real time activities through this Site;
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of this Site, or which, as determined by us, may harm NAMSOU or users of this Site, or may expose NAMSOU or users of this Site to liability.

ADDITIONAL PROHIBITED USES
You further agree not to:
Use any robot, spider or other automatic device, process or means to access this Site for any purpose, including to monitor or copy any of the material on this Site;
Use any manual process to monitor or copy any of the Content on this Site for any unauthorized purpose without NAMSOU’s prior written consent;
Use any device, software or routine that interferes with the proper working of this Site;
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
Attempt to gain unauthorized access to, interfere with, damage or disrupt any part of this Site, the server on which any part of this Site is stored or any server, computer, or database connected to this Site;
Attack this Site via a denial-of-service attack or a distributed denial-of-service attack; or
Otherwise attempt to interfere with the proper working of this Site.

INTERNATIONAL USE
We make no representation that this Site or the Credit Card Program is appropriate or can legally be used outside the United States. Accessing and using this Site, and the Credit Card Program is prohibited in locations where doing so would be illegal. Users that access or use the Site or the Credit Card Program from locations outside the United States do so on their own initiative, and are responsible for complying with local laws.

THIRD PARTY SITES
This Site may contain links to external sites owned or operated by parties other than NAMSOU. Such links are provided for your convenience and reference only. NAMSOU does not control outside sites, is not responsible for examining or evaluating outside sites, and is not responsible for their content. NAMSOU’s inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor. Nor does NAMSOU’s inclusion of the link imply that NAMSOU is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked site. NAMSOU does not assume any responsibility or liability for the actions, products, and content of these third parties. When leaving this Site, you should be aware that these Terms of Use no longer govern. You should carefully review the privacy policy and terms of use for the third-party site.

ARBITRATION
Any controversy or claim arising out of or relating to these Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. You agree that you will seek relief only on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitration shall be conducted in Basse Terre, Guadeloupe, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.
Either you or NAMSOU may seek any interim or preliminary relief from a court of competent jurisdiction in Basse Terre, Guadeloupe, necessary to protect the rights or property of you or NAMSOU pending the completion of arbitration. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of or relating to these Terms of Use, or your use of the Site, and/or the Credit Card Program. You further agree not to raise any forum non conveniens challenge to a suit, action or proceeding brought in Basse Terre, Guadeloupe.
A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or other proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

CHOICE OF LAW
NAMSOU controls this Site from its offices within the State of Florida. By visiting the Site, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and NAMSOU.

INDEMNITY
You agree to indemnify and hold NAMSOU, including its partners, subsidiaries, and affiliates, and each of their and our directors, officers, managers, agents, contractors, partners, and employees, harmless from any loss, liability, claim, damages, costs, expenses or demand (including reasonable attorneys’ fees) arising out of or in connection with the Terms of Use, the Privacy Policy, the Site, or the Credit Card Program. Your obligation to indemnify includes, but is not limited to, disputes, claims, or lawsuits arising out of or in connection with: (i) your acquisition or use of Reward Cards, Prizes, or other products or services made available through this Site; (ii) any termination or suspension of your NAMSOU Credit Card Account or right to use your Credit Card Cards, or virtual Prizes; (iii) your access to or use of this Site or the Credit Card Program; or (iv) any violation of these Terms of Use.

WAIVER AND SEVERABILITY
No waiver of these Terms of Use by NAMSOU shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of NAMSOU to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT
These Terms of Use, together with the Privacy Policy, constitute the entire agreement, and supersede all prior written agreements, arrangements, communications and understandings and all prior and contemporaneous oral agreements, arrangements, communications and understandings, whether electronic, oral, or written, between you and NAMSOU with respect to this Site.

GENERAL TERMS
NAMSOU’s performance of these Terms of Use is subject to existing laws and legal process and nothing contained in this agreement is in derogation of NAMSOU’s right to comply with law enforcement requests or requirements relating to your use of this Site or information provided to or gathered by NAMSOU with respect to such use.
The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Contacting Us
If you have any questions about these Terms of Use, please use the contact information at www.unitedofstbarth.com. Although NAMSOU will in most circumstances be able to receive your e-mail or other information provided through this Site (including, but not limited to, account registrations, orders, and other submissions), NAMSOU does not guarantee that it will receive all such information timely and accurately, and is shall not be obligated to read, act on, or respond to any such e-mail or other information.