Monica Lewis Enterprises, LLC created the following User Agreement (the "Agreement") in order to clarify the terms and conditions upon which its web site is used.

1. Introduction and Definitions.

Monicalewis.com is the on-line service operated by Monica Lewis Enterprises, LLC, a California limited liability company (the "Company"), on the World Wide Web of the Internet, consisting of various nostalgic items of and relating to Monica Lewis and related content provided by the Company, and by third parties. "Subscriber" means each and every person who establishes a connection for access to and use of monicalewis.com.

2. Agreement with Terms and Conditions.

This Agreement sets forth the terms and conditions that apply to use of monicalewis.com by Subscriber. By using monicalewis.com, Subscriber agrees to comply with all of these terms and conditions.

3. Changes in Terms and Conditions.

The Company has the right to change or discontinue any aspect or feature of monicalewis.com, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to a Subscriber’s use of monicalewis.com, or any part thereof, or to impose new conditions at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on monicalewis.com, or by electronic or conventional mail, or by any other means by which a Subscriber obtains notice thereof. Any use of monicalewis.com by a Subscriber subsequent to such notice shall be deemed to constitute acceptance by a Subscriber of such changes, modifications or additions.

4. Conduct of Subscriber.
1. Lawful Use.

Subscriber shall use monicalewis.com for lawful purposes only. Subscriber shall not post or transmit through monicalewis.com any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission. Any conduct by a Subscriber that in the Company’s discretion restricts or inhibits any other Subscriber from using or enjoying monicalewis.com is expressly prohibited.

2. Eligibility for Membership.

Our services are available only to individuals who can form legally binding contracts under applicable law. If you do not qualify, please do not use our services. Monicalewis.com may refuse our services to anyone at any time, in our sole discretion.

3. Downloading Of Intellectual Property.

Monicalewis.com contains copyrighted material, trademarks and other proprietary information, some of which may be owned by third parties. Furthermore, the entire contents of monicalewis.com are copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to the Company. No Subscriber may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of any material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company).

4. Submissions.

Unless otherwise explicitly stated, herein, or in Monica Lewis Enterprises, LLC’s Privacy Agreement, any materials provided by a Subscriber in connection with the monicalewis.com web site shall be deemed to be provided on a non-proprietary and non-confidential basis. The Company shall have no obligation of any kind with respect to such materials and shall be free to use or disseminate such materials on an unrestricted basis for any purpose. Each Subscriber acknowledges that he/she/it is responsible for the materials that he/she/it submits, and such Subscriber, not the Company, has full responsibility for such materials, including their legality, reliability, appropriateness, originality and copyright.

5. Disclaimers and Limitation of Liability.
1. Use Is At Subscriber's Risk.

Subscriber expressly agrees that use of monicalewis.com is at subscriber’s own risk. Subscriber shall be responsible for protecting the confidentiality of subscriber’s password(s), if any. Neither the Company, its affiliates, nor any of their respective employees, shareholders, agents, third party content providers or licensors, represent or warrant that monicalewis.com’s service will be uninterrupted or error free; nor do they make any representation or warranty as to the results that may be obtained from use of monicalewis.com, or as to the accuracy, reliability or content of any information, service, or merchandise provided through monicalewis.com.

2. No Warranties Of monicalewis.com’s Service.

Monicalewis.com is provided on an "as is" basis without representations or warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by, and incapable of exclusion, restriction, waiver or modification under, the laws applicable to this Agreement.

3. Disclaimer Of Liability.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. Subscriber specifically acknowledges that the company is not liable for the defamatory, offensive or illegal conduct of other subscribers or third parties and that the risk of injury from the foregoing rests entirely with subscriber.

4. Subscriber's Waiver of Damages.
1. In no event will the Company, any person or entity involved in creating, producing or distributing monicalewis.com, their affiliates and their directors, officers, shareholders, employees, agents, assigns, or (each individually a "Released Party" and collectively, the "Released Parties"), be liable for, and Subscriber agrees to release, indemnify and hold harmless the Released Parties from and against, any and all claims, liabilities, costs, expenses, (including attorneys’ fees) losses and damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages (each individually a "Claim" and collectively, "Claims"), arising out of the use of or inability to use monicalewis.com. Subscriber hereby acknowledges that the provisions of this section shall apply to all content on monicalewis.com.
2. In addition to the terms set forth above, none of the Released Parties shall be liable for, regardless of the cause or duration, and Subscriber agrees to release, indemnify and hold harmless the Released Parties from and against, any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within monicalewis.com, or for any delay or interruption in the transmission thereof to the Subscriber, and from any Claims arising therefrom or occasioned thereby. None of the Released Parties shall be liable for, and Subscriber agrees to release, indemnify and hold harmless the Released Parties from and against, any third party Claims of any nature, including, but not limited to, lost profits, punitive or consequential damages.

5.5 Risk of Loss

All items purchased from monicalewis.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to Subscriber upon delivery to the carrier.

6. Indemnification.

Subscriber agrees to defend, indemnify and hold harmless the Released Parties from and against all Claims arising out of Subscriber’s use of monicalewis.com.

7. Equipment for Subscriber’s Use.

Subscriber shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of monicalewis.com and for any and all charges related thereto.

8. General Compliance with Laws.

Subscriber shall comply with all applicable laws, statutes, ordinances and regulations regarding Subscriber’s use of the Company’s service.

9. No Agency.

Subscriber and monicalewis.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

10. Copyrights and Trademarks.

In addition to the copyright restrictions set forth in Paragraph 4.3 above, the trademarks, logos and service marks ("Marks") displayed on the monicalewis.com web site are the property of the Company or other third parties. Subscribers are not permitted to use these Marks without the prior written consent of the Company or such third party which may own such Marks. Monicalewis.com is a trademark of Monica Lewis Enterprises, LLC.

11. Monicalewis.com's Content.

A portion of monicalewis.com’s content may be supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on monicalewis.com by anyone other than employee spokespersons of the Company while acting in their official capacities.

12. Entire Agreement.

This Agreement, and any operating rules for monicalewis.com established by the Company (including the Company’s Privacy Agreement), constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

13. Compliance With Applicable Laws; Export Control Laws.

Subscriber access to the monicalewis.com web site is governed by all applicable federal, state and local laws. All information available on the monicalewis.com web site is subject to U.S. export control laws and may also be subject to the laws of the country where Subscriber resides.

14. Controlling Law.

This Agreement shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in Los Angeles, California.

15. Headings.

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.