Our Policy

PRIVACY POLICY

(Effective as of November 23, 2006)

1. Our Commitment to Privacy. Poi Wear™ ("us," "we," or "our") has posted this notice to set forth our Privacy Policy. We designed our Privacy Policy to advise you about how we collect, use, and protect the personal information you provide. This Privacy Policy does not apply to any other site you may be able to access from www.poiwear.com ("Site").

2. Consent. By visiting and using this Site, you are accepting the practices described in this Privacy Policy, and you consent to the collection and use of your personal information as described in this Privacy Policy. Your use of this Site is also governed by our Terms and Conditions of Use and Terms of Sale.

3. Information Collected.

(a) Personal Information. We collect any information you enter on this Site, or that you give us in any other way such as your contact information. You can choose not to provide certain information, but you may not be able to take advantage of our services and features.

(b) Traffic Data. When you visit a website, you disclose certain anonymous information automatically, such as your Internet Protocol (IP) address and the time of your visit ("Traffic Data"). This Site, like many other sites, records this traffic data about users' visits.

(c) Cookies. Cookies are pieces of information that are transferred to your computer from a web server. Most browsers are set up to accept cookies, but you can change your settings to have your browser notify you when you receive a new cookie or to refuse to accept cookies. We do not use cookies to store any of your personal information.

4. Information Not Collected. We do not collect your financial information relating to your payment for any on-line purchase. All payments for on-line purchases are processed through Pay Pal. We do not receive, record, store, or control any such information. We shall not be liable in any way for the acts or omissions of Pay Pal, including, without limitation, Pay Pal's terms of use or privacy policies.

5. Use of the Information. We use the information collected for administering our business activities, and to personalize your experience on this Site. Occasionally we may use the information to notify you about changes to our website, new services, or special offers.

6. Protection of Your Information. The privacy and protection of your information is important to us. We do not make any personal or individually identifiable information available to any third party without first receiving your permission, unless such disclosure is necessary for the following reasons:

(a) To comply with a court order,

(b) To protect our rights or property, or

(c) To enforce our Terms of Service.

Your access to some services and content may be password protected. If so, we advise that you do not disclose your password to anyone, and that you sign out of password-protected services at the end of your session.

7. Methods We Use to Protect Your Information. We use security software to protect the confidentiality of your personal information. In addition, we review our business practices periodically for compliance with policies and procedures governing the security and confidentiality of our information. Our business practices limit employee access to confidential information, and limit the use and disclosure of such information to authorized persons. If you are uncomfortable purchasing goods online, you can make your purchase by telephone by calling us at (310) 488-1158. If your personal information is ever lost, stolen, or you want us to delete it, please notify us immediately, by contacting us as indicated above, and we will promptly delete all of your personal information currently in our possession.

8. Children. This Site does not provide services or sell products to children under the age of 18. We will never knowingly request any personally identifiable information from any child under the age of 18. If we discover a child under the age of 18 has submitted personally identifiable information, we will immediately delete it.

9. How You Can Access Your Information. You can request access to all your personally identifiable information by sending an e-mail to PrivacyPolicy@PoiWear.com.

10. Changes to Privacy Policy. If our Privacy Policy or procedures change, we will immediately post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change. We have posted the Effective Date, above, for your reference. Your continued use of this Site after any posting of any changes will constitute your acceptance of such changes.

11. Questions. You can always contact us if you have any questions about our Privacy Policy in the following manner:

(a) Send us an e-mail at PrivacyPolicy@PoiWear.com; or

(b) Call us at (310) 488-1158.

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TERMS OF SALE

(Effective as of November 23, 2006)

1. Agreement. Poi Wear™ ("us," "we," or "our" ) has posted this notice to set forth our Terms of Sale. This Terms of Sale Agreement ("Agreement" ) shall govern all purchases made online through www.poiwear.com ("Site"). By ordering a product through this Site, or accepting delivery of such items, you accept and agree to be bound by the terms of this Agreement. If you purchase products from this Site, you will also be bound by our Terms and Conditions of Use and Privacy Policy. We reserve the right to refuse service, terminate accounts, or cancel orders in our sole discretion.

2. Changes to Agreement. If the terms of this Agreement change, we will immediately post those changes to our website. Any such changes will be effective immediately upon being posted, unless otherwise stated in the change. We have posted the Effective Date, above, for your reference. Your continued use of this Site after any posting of any changes will constitute your acceptance of such changes, and will apply to any purchases made on or after the Effective Date, above.

3. Prices. We state product prices listed on this Site in U.S. dollars and are valid and effective only in the U.S. We may change the price for any product at any time in our sole discretion. All prices are valid for the period stated on this Site. If no period is stated, then the price will be the price in effect on the day we accept your order.

4. Payment. Payment is due in full at the time you place your order. Payment for all items ordered shall be processed through Pay Pal. Credit Card payments are subject to the approval of the financial institution issuing your credit card. We shall not be liable in any way if such financial institution refuses to accept or honor your credit card. We shall not be liable in any way for the actions or omissions of Pay Pal including, without limitation, Pay Pal's terms of use or privacy policies.

5. Return and Refund Policy. All sales are final. You may exchange products, within 10 (ten) days of purchase, for the same or similar product in our sole discretion and with our prior authorization. You may get exchange authorization by calling us at (310) 488-1158. We do not issue refunds in any amount unless we erroneously charge you, we refuse to accept your order, or we are unable to effect an exchange.

6. Products. The colors you see on this Site will depend on the quality of your computer monitor; accordingly, we cannot guarantee that your monitor will display the exact color of any item displayed on this Site.

7. Ordering. The products featured on this Site may be purchased on this Site or by telephone.

8. Order Processing. Barring unusual circumstances, orders are typically processed on the same day they are placed. Orders placed after 2:30pm (PST) will be processed the next business day. By placing an order on this Site, you agree that you are not buying any items for resale.

9. Shipping. We ship all items purchased via FedEx or the United States Post Office ("USPS"). We shall not be liable in any way, including without limitation, any loss or delay of any shipment undertaken by FedEx or USPS. We do not ship to P.O. Boxes

10. Shipping and Handling Charges, and Taxes. Prices do not include charges for shipping and handling, and applicable taxes. Separate charges for shipping and handling will be shown on your invoice. Depending, on your location or the shipping location, we may be obligated to collect taxes on the purchase price and the shipping and handling charges. The on-line order form of this Site provides an estimate of such charges. Actual charges may vary, and will be reflected on your invoice. We are obligated to withhold sales tax for delivery to certain states, including without limitation, California. All shipping and handling charges relating to authorized exchanges are your responsibility.

11. DISCLAIMER OF WARRANTIES. THE GOODS SOLD UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" BASIS. POI WEAR™ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, WARRANTIES OF TITLE, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BUYER BEARS THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE GOODS. BUYER ASSUMES THE ENTIRE COST OF ALL NECESSARY REPAIR OR SERVICE OF ANY DEFECTIVE GOODS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THIS SITE SHALL BE TO DISCONTINUE USING THIS SITE.

12. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL POI WEAR™ OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, IF ANY, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING ANY PRODUCT AND/OR ITS USE.

13. Exceptions to Warranty Disclaimers and Liability Limitations. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

14. Force Majeure. We shall not be liable for loss or damage caused by any delay or failure on our part to perform under this Agreement caused by, without limitation, the following: mechanical failure, data transmission failure, strikes, riots, war, fires, acts of God, accidents, transportation shortages, government injunctions, or any other circumstances or causes beyond our control.

15. Governing Law; Venue. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute, action, suit, or proceeding that may arise between you and Poi Wear™ or its affiliates over this Agreement or your use of this Site. You agree that venue for any legal action arising out of this Agreement or your use of this Site shall reside exclusively in Los Angles County and the Central District for the State of California. We control this Site from within the State of California. We do not claim, assert, or imply that the materials and policies of this Site are appropriate for use, or comply with any local laws, outside the U.S. If you use this Site outside the U.S., you are responsible for complying with all such local laws.

16. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of that provision and this Agreement will otherwise remain in full force and effect.

17. Termination. We may at any time, with or without notice, and for any reason, terminate this Agreement, your ability to use this Site or your account, and to block your future access to, or use of, this Site. You may, for any reason, terminate this Agreement and your account by giving us notice. Notwithstanding termination, you will remain liable for any purchase you make prior to termination.

18. Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and Poi Wear™ with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements, express or implied, written or oral, between the you and us.

19. Modification; Waiver. Any term or provision of this Agreement may be amended or waived only by a writing signed by both you and Poi Wear™. The waiver by you or us of any breach of this Agreement shall not be deemed to constitute a waiver of any other succeeding breach.

20. Headings. Headings contained in this Agreement are for reference purposes only and do not constitute part of this Agreement.

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TERMS AND CONDITIONS OF USE

(Effective as of November 23, 2006)

Welcome to the Poi Wear™ website. This website is maintained as a service to our customers. By accessing www.PoiWear.com, you agree to comply with and be bound by the following Terms and Conditions of Use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you must immediately leave the Site and cease all use of the Site.

1. Agreement. This Agreement ("Agreement") specifies the terms and conditions for access to and use of www.PoiWear.com ("Site"), and describes the terms and conditions applicable to your access of and use of the Site.

2. Modification. Poi Wear™ ("us," "we," or "our") may modify the contents of this Site and the terms of this Agreement at any time, with or without notice. Any such modifications shall be effective immediately. Your use of this Site shall constitute and be deemed your unconditional acceptance of this Agreement. Accordingly, you should review the Terms and Conditions of Use each time you use this Site. We have posted the Effective Date, above, for your reference. Your continued use of this Site after any posting of any modifications will constitute your acceptance of such modifications.

3. Purchases. If you purchase products from this Site, you will also be bound by our Terms and Conditions of Sale.

4. Products. Many of the products featured on this Site are also available by telephone. The product prices listed on this Site are quoted in U.S. dollars and are valid and effective only in the U.S. The colors you see on this Site will depend on the quality of your computer monitor; accordingly, we cannot guarantee that your monitor will display the exact color of any item displayed on this Site.

5. Privacy. Your use of this Site is also governed by our Privacy Policy. We respect your privacy, and suggests that you read our Privacy Policy before deciding whether to use this Site.

6. Site Use. We hereby grant you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products, or services in violation of any law. Your use of this Site is at our discretion.

7. Intellectual Property. All content included on this Site is and shall continue to be our property or our licensors', and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement or a separate writing signed by us. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site. We consent to you browsing this Site or storing the Site pages on your computer, or printing of the Site pages, for your personal, non-commercial, and informational use only, unless otherwise consented to by us in writing. This limited consent shall terminate automatically if you breach any of these Terms and Conditions of Use. Upon such termination, you shall immediately destroy all Site content in your possession.

(a) Copyrights. All copyrighted or copyrightable material on this Site, including without limitation, the design, text, product information, graphics, images, pictures, and other files, and the selection, arrangement, format, and layout thereof are protected in the U.S. and in other countries by a variety of laws including but not limited to copyright laws and treaty provisions. Our images of Poi Wear™ products, people, or places in this Site are either our property or our licensors'.

(b) Trademarks. Poi Wear, Hi-Chair Bib, Cuisine Catcher, Nee-Pad Pants, Doctors Corner, and others are either trademarks or registered trademarks of Poi Wear™ or its licensors. Other product and company names mentioned on this Site may be trademarks of their respective owners. All page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress.

(c) Patents. One or more patents may apply to this Site.

(d) Infringement. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(f) A description of the copyrighted work that you claim has been infringed;

(g) A description of where the material that you claim is infringing is located on the Site;

(h) Your address, telephone number, and e-mail address;

(i) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(j) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for Notice of claims of copyright infringement on this Site is Janice Naehu, who can be reached as follows:

(a) Send us an e-mail at Info@PoiWear.com; or

(b) Call us at (310) 488-1158.

2. Framing. If you want to frame any of the pages of this Site so as to be accessible through your website, you must get permission from us. To submit your request, please send an e-mail to us stating your request, the reason for your request, and provide a link to your website. We will notify you by e-mail with our approval or denial of your request.

3. Links. We may, for your convenience, include in this Site links to other websites owned by third parties. You link to, or use, such websites at your own risk, and you should review the terms of use of any such site. We have no control over any such websites, and assume no responsibility or liability for any content of such websites. We do not endorse the products or services of any such website.

4. Compliance with Laws. You agree to comply with all applicable laws regarding your use of this Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

5. Customer Submissions. We reserve the right, and you authorize us, to use and assign all information regarding your use of this Site and all information provided by you in any manner consistent with our Privacy Policy. All customer communications, comments, feedback, information, suggestions, and materials ("Submissions") submitted to us by you, which are not subject to our Privacy Policy, are not confidential and shall become and remain our property. We reserve the right to use any such Submissions. By making Submissions to us, you hereby grant Poi Wear™ and its affiliates a non-exclusive, royalty-free, perpetual, worldwide, irrevocable, and sub-licensable right to use such Submissions without limitation or compensation. You make the following representations regarding your Submissions: they shall be lawful and fit for publication; you have made reasonable efforts to remove viruses or other destructive features before submission; you own the Submissions or have unlimited rights to provide them to us; you agree not to take action against us regarding any such Submissions; and you agree to indemnify us from third-party claims regarding any such Submissions. We shall have no obligation to respond to Submissions.

6. Your Account. By using this Site, you agree that you are responsible for protecting the confidentiality of your account, user identification, and password, if any, for restricting access to your computer, and that you will take full responsibility for all activities that occur on your account. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion. We, pursuant to our Terms of Sale, do not accept returns, except authorized exchanges, or issue refunds.

7. Children. Poi Wear™ does not offer to sell products to children under the age of 18 (eighteen). By using this Site, you are representing to us that you are 18 (eighteen) years old or older. We will not be responsible or liable for any damages that may result from misrepresentation of age by a user of our site or your account.

8. Indemnification. You agree to indemnify, defend, and hold Poi Wear™ and its partners, employees, and affiliates harmless from any liability, loss, claim, and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of this Site.

9. DISCLAIMER OF WARRANTIES. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. POI WEAR™ DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. POI WEAR™ IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THIS SITE SHALL BE TO DISCONTINUE USING THIS SITE.

10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL POI WEAR™ OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS OR EMPLOYEES, IF ANY, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THIS SITE, YOUR USE OF THIS SITE, OR THE CONTENT OF THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

11. Exceptions to Warranties Disclaimers and Liability Limitations. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.

12. Governing Law; Venue. You agree that the laws of the state of California, without regard to conflicts of laws provisions, will govern this Agreement and any dispute, action, suit, or proceeding that may arise between you and Poi Wear™ or its affiliates over this Agreement or your use of this Site. You agree that venue for any legal action arising out of this Agreement or your use of this Site shall reside exclusively in Los Angles County and the Central District for the State of California. Poi Wear™ controls this Site from within the State of California. We do not claim, assert, or imply that the materials and policies of this Site are appropriate for use, or comply with any local laws, outside the U.S. If you use this Site outside the U.S., you are responsible for complying with all such local laws.

13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remainder of that provision and this Agreement will otherwise remain in full force and effect.

14. Termination. Poi Wear™ may at any time, with or without notice, and for any reason, terminate this Agreement, your ability to use this Site or your account, and to block your future access to, or use of, this Site.

15. Entire Agreement. This Agreement constitutes the entire understanding and agreement between you and Poi Wear™ with respect to the subject matter of this Agreement, and supersedes all prior and contemporaneous agreements, express or implied, written or oral, between you and us.

16. Modification; Waiver. Any term or provision of this Agreement may be amended or waived only by a writing signed by both you and Poi Wear™. The waiver by you or us of any breach of this Agreement shall not be deemed to constitute a waiver of any other succeeding breach.

17. Questions. You can always contact us if you have any questions about our Terms and Conditions of Use in the following manner:

(a) Send us an e-mail at TermsAndConditions@PoiWear.com; or

(b) Call us at (310) 488-1158.

18. Headings. Headings contained in this Agreement are for reference purposes only and do not constitute part of this Agreement.

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