ALL THAT BAGS.COM
Terms and Conditions

1. Introduction. Please read this Web page carefully. It contains the Terms and Conditions governing your access to and use of this Web Site operated by ALL THAT BAGS.COM, LLC., a Nevada Limited Liability Company (hereinafter, "ALL THAT BAGS.COM"). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may not use the Site.

2. Binding Agreement. These Terms and Conditions (as they may be amended from time to time by ALL THAT BAGS.COM) form a binding agreement between you and ALL THAT BAGS.COM. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk.

3. Certain Definitions. The following definitions apply to these Terms and Conditions:
"ALL THAT BAGS.COM Web Site" or the "Site" includes "www.allthatbags.com" in its entirety and related sites owned or operated by ALL THAT BAGS.COM and includes Content, Text, Graphics, Design, Programming and Services as applicable in the context.

"Customer" or "Suscriber" means a Member who is accessing the Site to rent designer purses.
"Content" includes all Text, Graphics, Design and Programming used on the Site.
"Text" includes all text on every page of the Site, whether editorial, navigational, or instructional.
"Design" includes the color combinations and the page layout of the Site.
"Graphics" includes all logos, buttons, and other graphical elements on the Site, with the exception of paid advertising banners.
"Member" refers to any individual or entity who subscribes to the designer purse rental services on this Site.
"Membership" means subscribing to the designer purse rental services.
"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
"Services" means any services provided on the Site by ALL THAT BAGS.COM or its agents. The Service entitles Customers that register to access the Site to rent designer purses. The membership is based on a monthly basis. Customer may rent purses on a weekly and monthly basis.
"Shipping" includes various shipping options such as "Fed Ex", "UPS", etc. A standard ALL THAT BAGS.COM's order will take approximately 3-5 days to process. Delivery time may vary depending on the inventory available, Customer's delivery address, the date Customer placed the order, and other circumstances that may cause such delay. Customer shall return rented designer purses with the pre-paid label provided by ALL THAT BAGS.COM. Billing shall commence upon ALL THAT BAGS.COM's receipt of the rented purse mailed with the pre-paid label.
"You" and "you" means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.

4. Term and Payment for Services. The Customer agrees to pay ALL THAT BAGS.COM a Fee for the designer purse rental services and Website subscription to the designer purse rental membership rendered according to the following terms:
The monthly Website subscription to the designer purse rental membership fee shall be $4.95 (herein the "Fee"). ALL THE BAGS.COM's designer purse rental fee will vary depending on the value of purse. A deposit of retail price of is due and payable with the first order. Guest orders will require a deposit of retail price for all orders, as well as higher rental fees. The deposit is based on the replacement cost of the purse at the time of rental; if applicable, the deposit will be refunded to Customer upon ALL THAT BAGS.COM's receipt of the returned purse. The monthly billing process commenced upon return receipt of delivery of purse to Customer. This agreement shall be for an initial term of 1 month from the date of the ALL THAT BAGS.COM service order form. Unless terminated by ALL THAT BAGS.COM or cancelled by the customer, this agreement will automatically renew for successive terms of 1 month. All services must be paid for by credit card. Customer authorizes ALL THAT BAGS.COM to charge credit card to pay for any charges that may apply to Customer's account. Credit cards will be charged for the following term on or about the beginning date of each term. Any additional charges incurred during the prior term will also be charged on or about the beginning date of each term. It is the responsibility of the customer to maintain current billing information. If a credit card charge is declined for any reason, an administrative fee of $30.00 fee will be assessed and an email will be sent to customer with a 72 hour termination of service notice. After 72 hours, the credit card will be charged and if again declined, the account will be terminated. Customers may reactivate their accounts within 5 business days after
termination for an administrative fee of $4.95. ALL THAT BAGS.COM reserves the right to change fees, change monthly service rates or to institute new fees at any time upon posting to ALL THAT BAGS.COM website www.allthatbags.com. ALL THAT BAGS.COM reserves the right to change Customer's monthly service rates at any time upon 30 days prior notice to Customer.

5. Damage or Loss of Purse. If the Customer returns a purse in a damaged condition that exceeds normal wear and tear, or if Customer returns a purse in a dirty condition, as determined by ALL THAT BAGS.COM in their sole discretion, Customer agrees and authorizes ALL THAT BAGS.COM to charge the Customer's credit card and collect a replacement fee to cover the replacement costs of the designer purse that was rented by Customer to the extent not covered by ALL THAT BAGS.COM's insurance policy. If the rented designer purse is damaged beyond repair or not returned, the Customer's deposit will not be refunded. A Customer may purchase insurance from ALL THAT BAGS.COM from $3.00 - $12.00, the applicable rate varies depending on the value of the purse rented.

6. Acceptable Use of the Site.

6.1 General Use Rules. The Site is intended for individuals for designer purse rental services. You may use this Site only for lawful purposes within the stated context of ALL THAT BAGS.COM's intended and acceptable use of the Site. ALL THAT BAGS.COM is the sole interpreter of the Site's intended and acceptable use.

6.2 License to Use by Members who are Customers. ALL THAT BAGS.COM hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking designer purse rental services for yourself. This authorizes you to view designer purses offered for rental by ALL THAT BAGS.COM, order designer purses to rent and access to other membership services, and material on ALL THAT BAGS.COM's Website, which may only be used solely for your personal, noncommercial use. ALL THAT BAGS.COM reserves the right to suspend or terminate your ALL THAT BAGS.COM Membership, services, for any reason at any time, in its sole discretion. Customer must be 18 years old or older to register as a member on the Website.

6.3 Other Specific Rules. You represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions.

7. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of ALL THAT BAGS.COM or its licensors, and is protected by United States copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, ALL THAT BAGS.COM reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. "ALL THAT BAGS.COM," the ALL THAT BAGS.COM design logo and certain other names or logos are service marks or trademarks of ALL THAT BAGS.COM, and all related product and service names, design marks and slogans are the service marks or trademarks of ALL THAT BAGS.COM. In addition, the "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by ALL THAT BAGS.COM's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

8. Disclaimers and Limitations on ALL THAT BAGS.COM's Liability.

8.1 Allocation of Responsibility. ALL THAT BAGS.COM assumes no responsibility for the activities, omissions or other conduct of Members.

8.2 No Endorsements by ALL THAT BAGS.COM. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any Member or third party, whether in regards to its Web site, goods, products, services, or otherwise.

8.3 No Guaranty of Results. ALL THAT BAGS.COM makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the Member's objectives.

8.4 WARRANTY DISCLAIMERS. (a) THE SITE IS PROVIDED ON AN 'AS IS' AND ‘AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ALL THAT BAGS.COM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. ALL THAT BAGS.COM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) ALL THAT BAGS.COM DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ALL THAT BAGS.COM IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) ALL THAT BAGS.COM makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information posted by Members, or of any other form of communication engaged in by Members. Information provided by Members may contain inaccuracies or typographical errors. You agree that any reliance on information posted by Members, or on any other form of communication with Members, will be at your own risk.
(iii) ALL THAT BAGS.COM makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

8.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL ALL THAT BAGS.COM (OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ALL THAT BAGS.COM HAS BEEN NOTIFIED OF SUCH DAMAGES.

(c) Due to the nature of these Terms and Conditions, in addition to money damages, ALL THAT BAGS.COM will be entitled to equitable relief upon a breach of these Terms and Conditions by you.

9. Amendments to this Agreement and Changes to Site. ALL THAT BAGS.COM may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you on they date they are posted on the Site (or as otherwise stated in the any notice of such changes). Any use of the Site will be considered acceptance by you of the then-current Terms and Conditions. Therefore, it is your responsibility to check the Terms and Conditions for any changes; if you do not agree with the changes in the Terms and Conditions please notify ALL THAT BAGS.COM of your termination of registration immediately pursuant to the Notice provision in Section 11 and immediately discontinue your use of the Member services.

10. Indemnity. You agree to defend, indemnify, and hold harmless ALL THAT BAGS.COM (and its officers, directors, employees and agents) from and against any claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site or your breach of these Terms and Conditions. ALL THAT BAGS.COM shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.

11. Member Information. The Privacy Policy posted on the Site is incorporated in this Agreement by this reference. The Privacy Policy governs data collected through ALL THAT BAGS.COM's on-line operations only. In addition, ALL THAT BAGS.COM reserves the right to comply, in its sole discretion, with legal requirements.

12. Questions and Notices. Questions concerning the use of the Site should be directed to All that Bags Customer Service Department. Notices shall be sent, for ALL THAT BAGS.COM, to the address listed on the Site, and, for you, to the address submitted by you or such other address as ALL THAT BAGS.COM reasonably determines is an appropriate address for you.

13. General. ALL THAT BAGS.COM's contact information is listed on the Site. ALL THAT BAGS.COM makes no claims that the Content is appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access ALL THAT BAGS.COM from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the internal substantive laws of Nevada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the courts in Clark County, Nevada. You and ALL THAT BAGS.COM's sole relationship is that of independent contractors. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of these Terms and Conditions, which shall remain in full force and effect. All provisions of these Terms and Conditions shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under these Terms and Conditions. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by ALL THAT BAGS.COM in a particular "Legal Notice," or software license or material on particular Web pages of the Site, these Terms and Conditions constitute the entire agreement between you and ALL THAT BAGS.COM.

14. Mediation and Arbitration. Any disputes between the parties hereto, whether arising under this agreement or otherwise, which the parties cannot resolve between themselves using good faith shall be:

14.1 Referred to a court certified mediator of the Circuit Court in Clark County, and
any mediation shall be held in the Clark County. The parties shall share equally
in the cost of said mediation.

14.2 In the event that said dispute is not resolved in mediation, the parties shall submit the dispute to a neutral arbitrator residing in Clark County. The arbitration shall be held in Clark County. The parties shall share equally in the cost of said arbitration. The parties further agree that full discovery shall be allowed to each party to the arbitration and a written award shall be entered forthwith. Any and all types of relief that would otherwise be available in Court shall be available to both parties in the arbitration. The decision of the arbitrator shall be final and binding. Arbitration shall be the exclusive legal remedy of the parties. Judgment upon the award may be entered in any court of competent jurisdiction pursuant Nevada Statutes.

14.2 If either party refuses to comply with a ruling or decision of the arbitrator and a lawsuit is brought to enforce said ruling or decision, it is agreed that the party not complying with the ruling or decision of the arbitrator shall pay the court costs and reasonable attorney's fees (including Trial and Appellate attorney's fees) incurred in enforcing the ruling or decision of the arbitrator.

15. Privacy Policy. You may be required to provide ALL THAT BAGS.COM with any or all of the following information: name, e-mail address, and mailing address. It is ALL THAT BAGS.COM's policy not to sell or market the Members of the ALL THAT BAGS.COM Member services' nonpublic personal information to third parties without your consent. Such information is used solely in the conduct of ALL THAT BAGS.COM business and to provide services to our Members. ALL THAT BAGS.COM will share your nonpublic personal information with third parties only to the extent ALL THAT BAGS.COM believes it is reasonably necessary to provide ALL THAT BAGS.COM's services. In addition, in connection with providing services to you, ALL THAT BAGS.COM may also share your nonpublic personal and personally identifiable information with our affiliates. ALL THAT BAGS.COM reserves the right to release such information to law enforcement or other governmental officials as, in ALL THAT BAGS.COM's sole and absolute discretion, it is deemed necessary to comply with the law. ALL THAT BAGS.COM reserves the right to change this privacy statement in its sole and absolute discretion.

16. Termination. ALL THAT BAGS.COM reserves the right, at its sole discretion, to immediately, without notice to suspend or terminate (a) the Terms and Conditions of this Agreement; (b) your registration with or ability to access ALL THAT BAGS.COM's member services and/or any other service provided to you by ALL THAT BAGS.COM.