1. Terms of Use

Welcome to the Head Over Heels web site. Please review the following that govern your use of our site ("Terms of Use"). Your continued use of our web site constitutes your agreement to follow and be bound by the Terms of Use.

2. Definitions

www.shopheadoverheels.com is the interactive online service operated by Head Over Heels and its Affiliates (collectively "Head Over Heels") on the World Wide Web of the Internet.

Our postal address is:

Head Over Heels
566 West 2975 South
Syracuse, UT 84075

We can be reached via e-mail at service@shopheadoverheels.com

3. General

As we continue to develop our web site, we may from time to time, modify, alter or update these Terms of Use. Your use of our web site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. We therefore encourage you to refer to these Terms of Use on an on-going basis.

4. Site Contents

Unless otherwise noted, the design of this web site, the web site as a whole, and all materials, including images, illustrations, and designs, that are part of the web site (collectively, "Contents") are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled, or licensed by Head Over Heels. The Contents of our web site are intended solely for personal, noncommercial use by the users of our web site. You may download or copy the Contents displayed on our web site for your personal, noncommercial use only so long as your copy retains any copyright and trademark notices appearing on our web site. No right, title, or interest in any downloaded materials 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 of the web site.

5. Colors

We have made every effort to display as accurately as possible the colors of our products that appear online. However, since the actual color you see will depend on your monitor, we can not guarantee that your monitor's display of any color will be accurate.

6. Product Information and Pricing

Some products displayed on the web site may also be available in select Head Over Heels stores. While merchandise offered on the web site is generally priced the same as merchandise offered at our stores, there may be price differences due to promotional events and special offers. Frequent Buyer Cards and Gift Certificates may not be applied towards purchases made on the web site. The prices displayed on the web site are quoted in US dollars and are valid and effective only in the US.

7. Comments, Feedback, and Other Submissions

We welcome your comments and feedback regarding our web site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions disclosed, submitted or offered to Head Over Heels using this web site (including email) or otherwise (collectively, "Comments"), are not confidential and will become and remain Head Over Heels's property. The disclosure, submission or offer of any Comments constitutes an assignment to Head Over Heels of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.

8. Monitoring

Head Over Heels shall have the right, but not the obligation, to monitor the content of the web site, including any form of electronic communication such as e-mail, to determine compliance with this Agreement and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, Head Over Heels shall have the right to remove any material that Head Over Heels, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. User Conduct

The Head Over Heels web site shall be used for lawful purposes only. Any conduct by you that in Head Over Heels's discretion restricts or inhibits any other user from enjoying this web site will not be permitted.

10. Disclaimer, limitation of liability, and indemnity.

This site and all contents of the site are provided on an "as is" basis without warranties of any kind, either express or implied, including without limitation warranties of title or implied warranties of merchantability or fitness for a particular purpose. Head Over Heels does not warrant that your use of this site will be uninterrupted or error free, or that this site or its server are free of viruses or other harmful elements. Your use of this site is at your sole risk. You assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of our site. Head Over Heels shall not be liable for any damages of any kind related to your use of this site. Although Head Over Heels endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site. Neither Head Over Heels nor its related entities or its vendors or content providers shall be liable to any person or entity for any direct or indirect loss, damage (whether actual, consequential, punitive, special or otherwise), injury, claim, or liability of any kind or character whatsoever based upon or resulting from your use or inability to use this site, or any information or materials provided on the site. Head Over Heels is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the site or with any of Head Over Heels's terms of use, your sole and exclusive remedy is to discontinue using the site. You agree to indemnify, defend, and hold harmless Head Over Heels, its shareholders, officers, directors, employees, agents, distributors, vendors and related entities from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting or arising out of your breach of any of these terms of use.

11. Termination

These Terms of Use constitute an Agreement which is effective unless and until terminated by either you or Head Over Heels You may terminate this agreement at any time by e-mailing service@shopheadoverheels.com. Head Over Heels may also terminate this agreement at any time and may do so immediately without notice, and accordingly deny you access to this Web sites, if in Head Over Heels's sole discretion, you fail to comply with any term or provision in this Agreement. Upon any termination of this agreement, you must promptly destroy all materials downloaded or otherwise obtained from this Web sites, as well as copies of such materials. These Terms of Use constitute the entire Agreement between you and Head Over Heels relating to the subject matter addressed herein.

12. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the Agreement will remain in full force and effect. Additionally, should either party terminate this Agreement, sections 1, 2, 4, 7, 10, 11, 12, and 13 of this Agreement shall remain in full force and survive the termination of this agreement. 13. Applicable law This Agreement shall be construed in accordance with the laws of the State of Utah, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts located in Cache County, Utah.