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Welcome to Wherehouse.com. BY USING THE WHEREHOUSE.COM SITE ("SITE"), YOU AGREE TO THE TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED BELOW (THE "TERMS & CONDITIONS"). If you do not agree to these Terms & Conditions, please do not use the Wherehouse.com web site. Wherehouse.com reserves the right to modify, revise or update these Terms & Conditions as it sees fit. We ask that you visit this page from time to time to check for changes to these Terms & Conditions. By continuing to use the Wherehouse.com Site after changes have been posted to the Terms & Conditions, you indicate your acceptance of those changes.

PRIVACY
Please review our Privacy Policy, which also governs your visit to Wherehouse.com.

COPYRIGHT
Content included on or comprising the Wherehouse.com Site, including all information, site design, software, text, graphics, music, sounds and the selection and arrangements thereof (collectively "Content"), are the property of Trans World Entertainment Corporation or its content providers and are protected by copyrights, trademarks, patent or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work and is the exclusive property of Trans World Entertainment Corporation and protected by United States and international copyright laws. All rights reserved. Permission is granted to electronically copy and to print hard copy portions of this site solely for placing an order with Wherehouse.com, or for using this site as an information or shopping resource. Any other use of materials on this site (including, but not limited to, reproduction for purposes other than those noted above, modification, distribution, or republication) without prior written permission of Trans World Entertainment Corporation is strictly prohibited.

TRADEMARKS
The Wherehouse.com, Wherehouse Music and Trans World Entertainment Corporation marks are proprietary to Trans World Entertainment Corporation All other trademarks are the property of their respective owners and are licensed to, or where required, used with permission by Trans World Entertainment Corporation All other trademarks, product names and company logos remain the property of their respective owners. Trans World Entertainment Corporation makes a concerted effort to give rightful credit to owners of copyrighted materials. If you have any concerns about the accuracy of any copyrighted materials on this site, please contact us at customerservice@wherehouse.com.

DISCLAIMER
THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW WHEREHOUSE.COM AND TRANS WORLD ENTERTAINMENT CORPORATION DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WHEREHOUSE.COM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. All information including price and availability information is subject to change without notice.

LIMITATION OF LIABILITY
IN NO EVENT SHALL WHEREHOUSE.COM OR TRANS WORLD ENTERTAINMENT CORPORATION BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, WITHOUT REGARDING TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTUOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, DISPLAY OF THE CONTENTS OF, OR INABILITY TO USE WHEREHOUSE.COM. YOU ACCEPT AND AGREE THAT WHEREHOUSE.COM AND TRANS WORLD ENTERTAINMENT CORPORATION ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT BY ANY INDIVIDUAL USER. If you are dissatisfied with any Wherehouse.com material, your sole and exclusive recourse is to discontinue use of Wherehouse.com.

INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD WHEREHOUSE.COM AND TRANS WORLD ENTERTAINMENT CORPORATION, THEIR AFFILIATES, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, OWNERS, AGENTS, LICENSORS AND LICENSEES, HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, LOSSES, COSTS AND EXPENSES, INCLUDING ATTORNEY'S FEES, THAT ARISE FROM ANY USE OR MISUSE OF THE SITE UNDER YOUR EMAIL ADDRESS AND/OR PASSWORD BY ANY PERSON (INCLUDING, BUT NOT LIMITED TO, COPYRIGHT INFRINGEMENT CLAIMS IN CONNECTION WITH CONTENT SUBMITTED UNDER YOUR EMAIL ADDRESS AND/OR PASSWORD FOR POSTING ON THE SITE), WHETHER OR NOT AUTHORIZED BY YOU. Wherehouse.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Wherehouse.com in asserting any available defenses.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW
The "Wherehouse.com" Site is created, operated and controlled by Trans World Entertainment Corporation in the state of California, United States of America. Claims relating to, including the use of, this Site and the materials contained herein are governed by the laws of the United States and the state of California. If you do not agree, please do not use this Site. If you choose to access this Site from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.

DISPUTES
Any dispute relating in any way to your visit to Wherehouse.com or to products you purchase through Wherehouse.com shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate Wherehouse.com's or Trans World Entertainment Corporation's intellectual property rights, Trans World Entertainment Corporation may seek injunctive or other appropriate relief in any state of federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement, whether through class arbitration proceedings or otherwise.


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