TERMS OF SERVICE

This Terms of Service is a legal agreement between you and hisandhertreasures.com, that governs your access to and use of our Web site. By using our Services, you acknowledge that you have read and accepted the TOS, which constitutes the entire agreement between you and hisandhertreasures.com, and governs your use of the Services, superseding any prior agreements between you and hisandhertreasures.com (including, but not limited to, any prior versions of the TOS).

A. CERTAIN DEFINED TERMS

The following defined terms appear in this Terms of Service.

• "You", "you"; or "Buyer": A Customer that applies to, or registers to use, or uses, the Service to make Payment Transactions.

• Customer: A person that registers with the Service as a Buyer.

• PayPal : An Internet business which allows the transfer of money between Customers and vendors, avoiding traditional paper methods such as checks/cheques and money orders.

• Payment Instrument: The credit card or debit card that is registered to a Customer, or by a Customer with PayPal, to facilitate the processing of Payment Transactions. The Payment Instrument must be associated with a billing address in a country where the Service is made available.

• Payment Transaction: The processing of a payment through the Service that results in the debiting or charging of the Purchase Amount to a Buyer's Payment Instrument and the crediting of funds to a Seller.

• Product: Any merchandise, good or service that is listed for sale that a Buyer may pay for using the Service.

• Purchase Amount: The dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes, and shipping or handling charges, as applicable.

• Service: The Checkout service, described in this Terms of Service, that facilitates the processing of Payment Transactions on behalf of a Seller.

• "hisandhertreasures.com", "we", or "us": hisandhertreasures.com.

B. JURISDICTION; GOVERNING LAW

This Terms of Service shall be governed by the laws of Utah and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Millard County, Utah, United States of America. The parties specifically exclude from application to the Terms of Service the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

C. OTHER PROVISIONS

The failure of hisandhertreasures.com to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Terms of Service 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 this Terms of Service shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. This Terms of Service, including hisandhertreasures.com's policies governing the Service referenced herein, constitutes the entire agreement between hisandhertreasures.com and Buyer with respect to Buyer's use of the Service. This Terms of Service is not intended and shall not be construed to create any rights or remedies in any parties other than Buyer and hisandhertreasures.com, and other hisandhertreasures.com affiliates which each shall be a third party beneficiary of this Terms of Service for Buyers, and no other person shall assert any rights as a third party beneficiary hereunder.

D. INDEMNIFICATION

You agree to indemnify, defend and hold harmless hisandhertreasures.com, and their subsidiaries and other affiliates, and their directors, officers, owners, agents, co-branders or other partners, employees, information providers, licensors, licensees, consultants, contractors and other applicable third parties (collectively "Indemnified Parties") from and against any and all claims, demands, causes of action, debt or liability, including reasonable attorneys fees, including without limitation attorneys fees and costs incurred by the Indemnified Parties arising out of, related to, or which may arise from: (i) your use of the Service; (ii) any breach or non-compliance by you of any term of this Terms of Service or any of hisandhertreasures.com's policies; (iii) any dispute or litigation caused by your actions or omissions; or (iv) your negligence or violation or alleged violation of any law or rights of a third party.