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TERMS AND CONDITIONS

The following TOS and any other rules posted on our Site (collectively the "TOS") constitute an agreement between FLOWERS AND RUFFLES, ("we", "our", "us") and you, the visitor, governing your access and use of all content and functionalities available at the FLOWERS AND RUFFLES website, related micro-sites accessed through the URL www.flowersandruffles.com, related domain names, and any other website or micro-site of FLOWERS AND RUFFLES (collectively the "Site").

By visiting the Site, you are accepting and consenting to the practices described in the TOS. We may modify the TOS from time to time, and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.

Those persons wishing to use our services must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our Privacy Policy. If you are under 18, you must let your parent or guardian know about FLOWERS AND RUFFLES' Privacy Policy before you register to use this Site or any of this Site's services.

Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site.

REGISTRATION & ACCOUNT TERMS AND CONDITIONS

To use some of the services or features made available to you on this Site, you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@flowersandruffles.com

We may also change the registration requirements from time to time.

Here are some of the benefits you’ll be able to enjoy by registering with us for a FLOWERS AND RUFFLES account:

  • Track your orders and review past purchases
  • Save your address and card details so you can shop even quicker next time
  • To create an account, just click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify FLOWERS AND RUFFLES immediately of any breach of security or unauthorized use of your account.

FORGOTTEN PASSWORD 

If you have forgotten your password follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons, we are unable to send your password via email.

ELIGIBILITY TO PURCHASE

The purchase of merchandise through FLOWERS AND RUFFLES is strictly limited to parties who can lawfully enter into and form contracts on the Internet by the laws of the State of California.

To make purchases on the Site, you will be required to provide your details. In particular, you must submit your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct, and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the FLOWERS AND RUFFLES' terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to FLOWERS AND RUFFLES, and who have authorized FLOWERS AND RUFFLES to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. Also, FLOWERS AND RUFFLES reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise, you expressly authorized us to perform credit checks and, where FLOWERS AND RUFFLES feels necessary, to transmit or to obtain your credit card information or credit report information (including any updated information) to or from third parties solely to authenticate your identity, to validate your credit/debit card, to obtain an initial credit card authorization and/or to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

ORDERS

All orders are subject to acceptance and availability, and Items in your shopping cart are not reserved and may be purchased by other customers.

FLOWERS AND RUFFLES offer products for sale that are in stock and available for dispatch. Occasionally, however, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an Advance Payment for specific items in which case you can make an Advance Purchase. This will ensure that you receive this item in priority once the stock has been delivered to FLOWERS AND RUFFLES. Alternatively, you may just choose to register your email address for notification of arrival of the selected merchandise not held in stock.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please note that on occasion certain products that are in unusually high demand will sell out during this period.

FLOWERS AND RUFFLES will store a record of your transactions for a minimum of one year.

PRICING POLICY

Prices shown on the Site are in US Dollars and are exclusive of taxes. If you are shipping within the USA, local sales tax will be charged on all orders (where applicable).

From time to time, prices are subject to change in response to currency exchange rate changes, markdowns, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers buying from a state served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price before purchase completion.

If you are a customer whose credit/debit card is not denominated in US Dollars, the final price will be calculated by the applicable exchange rate on the day your card issuer processes the transaction.

ACCEPTANCE OF YOUR ORDER

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your request, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order will be perfected upon completion of the packing of your order. Completion of the contract between you and FLOWERS AND RUFFLES will be completed when we dispatch the goods to you at which time you will receive a second email containing your tracking number, and confirming that your order has been shipped. The sale contract is therefore concluded in the State of California, USA, and the language of the agreement is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of FLOWERS AND RUFFLES.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

Furthermore, we may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

While every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we find out an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfill a request for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been received or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and that the relevant part of your order has been canceled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

PAYMENT

Payment can be made by Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the site from time to time. You can also choose to pay with PayPal. When selecting this option at checkout, you will be directed to the PayPal site to 'Log In' and review the amount shown before clicking 'Pay Now.' Once this transaction is complete, you will then return to www.flowersandruffles.com. Payment will be debited and cleared from your account upon completion of the packing of your order by FLOWERS AND RUFFLES. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer.
If the issuer of your credit/debit card refuses to authorize payment to FLOWERS AND RUFFLES, we will not be liable for any delay or non-delivery. Occasionally, high demand causes us to run out of certain items. If we don't have an item that you have ordered in stock, we'll notify you by email immediately.

Sometimes, an item is out of stock and not expected to come back in stock, so we must cancel the item. In this case, if you paid with a credit/debit card, we will not charge you for the item or any taxes, shipping or handling charges.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a safe host environment. If you are a registered FLOWERS AND RUFFLES' user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, secure and straightforward FLOWERS AND RUFFLES uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

PROMOTION CODES

Promotion codes are non-transferable, and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers and must be redeemed by the date published, if provided.

INSURANCE AND DELIVERY

You will own the goods on and from the later of the point in time when: (a) we receive payment in full, or (b) we deliver the products to you.

FLOWERS AND RUFFLES insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased products passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift), then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by FLOWERS AND RUFFLES, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

When placing an order, the signature requirement is set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that FLOWERS AND RUFFLES can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. You authorize FLOWERS AND RUFFLES to leave the package(s) at the shipping address without getting a signature and release and indemnify FLOWERS AND RUFFLES from liability for any loss or damage that may result from leaving the package(s) at your shipping address without obtaining a signature.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. FLOWERS AND RUFFLES is not responsible for any delays caused by destination customs clearance processes.

If any event outside of our control delays delivery, we will contact you as soon as possible to let you know, and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

RETURNS AND EXCHANGES
We handle returns on a case-by-case basis with the ultimate objective of making our customers happy. We stand behind our goods and services and want customers to be satisfied with them. 
Items should be returned unused and with all Flowers and Ruffles tags still attached. Returns that are damaged or soiled will not be accepted and will be returned to the customer.

All returns should be requested before you send your item(s) back to us to allow for easy identification and prompt processing. 

ARRANGING YOUR EXCHANGE OR RETURN

You must request your exchange or return and send your unwanted items back to us within 30 days for a refund of the value of the item only, or an exchange on the same item in a different size, based on stock availability. If you need to return or exchange an item, email us at info@flowersandruffles.com with your order number and the reason for return.

RETURNING YOUR PURCHASE

Making a return for a refund, store credit, or exchange is easy. All items must be sent back to us within 30 days of receiving your order. Any unused merchandise shall be returned by mail.
Returns made within 30 days of the order delivery date will be issued a full refund to the original form of payment. Returns made after 30 days of the order delivery date will be refunded via an emailed e-merchandise credit. Made to order items cannot be exchanged or returned.

EXCHANGES

Please note you can only exchange items for a different size, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for store credit and purchase the new item separately.

 

REFUNDS

All refunds will be credited to your original form of payment. All refunds will be issued as soon as we receive your return package. Unfortunately, we cannot refund shipping charges.

Returns made within 30 days of the order delivery date will be issued a full refund to the original form of payment. Returns made after 30 days of the order delivery date will be refunded via an emailed e-merchandise credit. Made to order items cannot be exchanged or returned.

FAULTY GOODS

Goods are classified as defective if they are not of satisfactory quality, fit for purpose or as described. Please note that items which are damaged or as a result of normal wear and tear; by accident; or through misuse will not be considered faulty.

If your item is faulty when you receive it, you can return it for a refund within ten days from the date you received it. If you have owned your item for longer than this, and indeed over six months, then please contact us at info@flowersandruffles.com

COLORS

We have made every effort to display as accurately as possible the colors of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color will be accurate.

FINAL SALE

During our sale clearance, products marked as Sale Must-Have cannot be returned or exchanged.

REPEATED RETURNS

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns prepared by customers, and continued returns will be flagged and may, at our discretion, lead to the closure of your FLOWERS AND RUFFLES account or future orders being refused.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that all copyright, designs, the "look and feel" of the Site, trademarks and all other intellectual property and material rights relating to the Content as herein described, including FLOWERS AND RUFFLES Software and all HTML and other code contained in this Site, shall remain at all times vested in FLOWERS AND RUFFLES and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws and regulations and international treaty provisions. You are permitted to use the Content only as expressly authorized by FLOWERS AND RUFFLES and its third party licensors.

Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above-listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

CONTENT


In addition to the Intellectual property rights mentioned above, "Content" is defined as all information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on this Site. FLOWERS AND RUFFLES try to ensure that the information on this site is accurate and complete. FLOWERS AND RUFFLES do not warrant or represent that FLOWERS AND RUFFLES' Content is accurate, error-free or reliable or that your use of FLOWERS AND RUFFLES' Content will not infringe rights of third parties. Your use of the Web Site is at your risk. FLOWERS AND RUFFLES do not warrant that the functional aspects of the Web Site or FLOWERS AND RUFFLES' Content will be error free or that this Web Site, FLOWERS AND RUFFLES Content or the server that makes it available are free of viruses or other harmful components. If your use of this Site or FLOWERS AND RUFFLES' Content results in the need for servicing or replacing property, material, equipment or data, FLOWERS AND RUFFLES is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "as is" and "as available" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. FLOWERS AND RUFFLES and its suppliers make no warranties about FLOWERS AND RUFFLES Content, software text, downloads, graphics, and links, or about results to be obtained from using the Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. FLOWERS AND RUFFLES reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that FLOWERS AND RUFFLES is not liable to you or any third party for any such withdrawal.

By posting you agree to be solely responsible for the content of all information you contribute. You also grant to FLOWERS AND RUFFLES a right to use any material you provide for its purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed, but FLOWERS AND RUFFLES do not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts, please mail info@flowersandruffles.com. FLOWERS AND RUFFLES reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is harmful to the trademarks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, the information you consider confidential should not be posted to this site.
The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect the views of FLOWERS AND RUFFLES, and we accept no responsibility for any such views expressed in any media.

NO COMMERCIAL USE

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your Site.

YOUR ACTIVITY

You use this Site at your sole risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. We reserve the right to deny you access to this Site, or any part of this Site, at any time without notice. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis, and any decision to do so is final.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site.

You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site concerning any submissions made by them.

THIRD PARTY

We may include hyperlinks on this Site to other websites or resources operated by parties other than FLOWERS AND RUFFLES, including advertisers. FLOWERS AND RUFFLES has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such sites, including (without limitation) any advertising, products or other materials or services on or available from such sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

GENERAL

While FLOWERS AND RUFFLES will use reasonable endeavors to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied about its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.

To the fullest extent permissible under applicable law, we disclaim any warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under the laws of the State of California.

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.

You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.

INDEMNIFICATION

At our request, you agree fully to defend, indemnify and hold harmless FLOWERS AND RUFFLES immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you here-under. This defense and indemnification obligation will survive these TOS and your use of the Site and the Services.

DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to allow the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

GENERAL LEGAL TERMS

(a) Complete Terms: The TOS constitute the whole legal agreement between you and FLOWERS AND RUFFLES and govern your use of the Services and completely replace any prior agreements between you and FLOWERS AND RUFFLES in relation to the Services. Notwithstanding the foregoing, you understand that FLOWERS AND RUFFLES may make changes to the TOS from time to time. When these changes are made, FLOWERS AND RUFFLES will make a new copy of the TOS available at www.flowersandruffles.com. You agree that FLOWERS AND RUFFLES is under no obligation to provide you with notices regarding changes to the TOS. You understand that it is your responsibility to check the TOS regularly for changes.

(b) Modifications to the Services: FLOWERS AND RUFFLES is continuously innovating to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which FLOWERS AND RUFFLES provide may change from time to time without prior notice to you. You further acknowledge and agree that Flowers and Ruffles may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or users generally at FLOWERS AND RUFFLES' sole discretion, without prior notice to you.

(c) Confidentiality: You understand that FLOWERS AND RUFFLES grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the elements, but not caches or archives of such materials. FLOWERS AND RUFFLES reserve the right to revoke these exceptions either generally or in specific cases.

(d) Liability in the Event of Breach: You agree that you will comply with all of the provisions of the TOS. You understand that you are solely responsible for (and that FLOWERS AND RUFFLES have no responsibility to you or any third party for) any breach of your obligations under the TOS and for the consequences including any loss or damage which FLOWERS AND RUFFLES may suffer) of any such violation.

(e) Rights Not Waived: You agree that if FLOWERS AND RUFFLES does not exercise or enforce any legal right or remedy which is contained in the TOS (or which FLOWERS AND RUFFLES has the benefit of under any applicable law), this will not be taken to be a formal waiver of FLOWERS AND RUFFLES' rights and that those rights or remedies will still be available to FLOWERS AND RUFFLES.

(f) Severability: If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these TOS is invalid, then that provision will be removed from the TOS without affecting the rest of the TOS. The remaining provisions of the TOS will continue to be valid and enforceable.
(g) Governing Law: The TOS and your relationship with FLOWERS AND RUFFLES under the TOS shall be governed by the laws of the State of California. You and FLOWERS AND RUFFLES agree to submit to the exclusive jurisdiction of the State and Federal courts in Irvine city, California and waive any claim or defense of inconvenient forum or lack of personal jurisdiction in such forum under any applicable law or decision or otherwise.

(h) Violation of TOS: Please report any violations of the TOS by emailing to info@flowersandruffles.com.

(i) Independent Relationship: You and FLOWERS AND RUFFLES are independent contractors, and these TOS, including but not limited to submission or distribution of any Content you created, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between you and FLOWERS AND RUFFLES. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in the TOS. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party unless specifically provided for in the TOS.