SECTION 1 - PROHIBITED USES
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- If you are not of the age of majority in your jurisdiction. By using the Site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
- To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “spam,” or any other similar solicitation.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined in our sole discretion, may harm Company or users of the Site, or expose them to liability.
Additionally, you agree that you shall not:
- Introduce on the Site any viruses, worms, Trojan horses, logic bombs, or other material that is malicious or technologically harmful.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
- Otherwise attempt to interfere with the proper working of the Site.
SECTION 2 - ONLINE PURCHASES AND TERMS OF SALE
SECTION 3 - RELIANCE ON INFORMATION POSTED
The information presented on the Site is made available for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information on this Site is at your own risk. Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other visitor to the Site, or by anyone who may be informed of any of the Site’s contents.
SECTION 4 - DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free.
You agree that from time to time we may remove all or part of the Site for indefinite periods of time, without notice to you.
You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Site or any products procured through the Site, or for any other claim related in any way to your use of the Site or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site or any User Contributions (as hereinafter defined) posted, transmitted, or otherwise made available via the Site, even if advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 5 – COMMUNICATION BY TEXT MESSAGING
When you place an order through the Site, we may ask if you would like to receive marketing or promotional text messages concerning our products or services, or the products or services of third parties. We may send you such marketing or promotional text messages if you opt in to receiving such messages. Your agreement to receive marketing or promotional text messages is not a condition of any purchase or your use of the Site.
You may opt-out of receiving marketing or other promotional text messages by following any unsubscribe instructions in the text messages, or by sending an e-mail to firstname.lastname@example.org containing the phone number of the mobile device receiving the text messages and indicating that you no longer wish to receive marketing or promotional text messages from us.
SECTION 6 - THIRD-PARTY LINKS
Certain content, products and services available via the Site may include materials from third-parties.
Third-party links on the Site may direct you to third-party websites that are not affiliated with Company. We are not responsible for examining or evaluating the content or accuracy of and do not warrant and hereby disclaim any liability or responsibility for any third-party materials or websites made available through the Site.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 7 - USER CONTRIBUTIONS
The Site may host message boards, forums, contests, promotions, and other interactive features that allow users transmit, post, submit, publish, or display to other users or persons certain content or materials on or through the Website (collectively, ”User Contributions”), such User Contributions will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant Company and its licensees, successors, and assigns a perpetual, royalty-free, worldwide, and sub licensable right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to your User Contributions and have the right to grant the license above to us and our licensees, successors, and assigns, and that your User Contributions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your User Contributions will not contain libelous or otherwise unlawful, abusive, or obscene material. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any User Contributions. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute and you, not Company, have full responsibility for such content, including its legality, reliability, appropriateness and accuracy. We take no responsibility and assume no liability for any User Contributions posted on the Site by you or any other user of the Site.
SECTION 8 – MONITORING AND ENFORCEMENT; TERMINATION
We have the right to:
- Monitor, edit, or remove User Contributions for any or no reason in our sole discretion
- Disclose your identity or other information about you to any third party who claims that material posted on the Site by you violates their rights, including their intellectual property rights.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
SECTION 9 - INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE
SECTION 10 - INDEMNIFICATION
SECTION 11 – WAIVER; SEVERABILITY
SECTION 12 - ENTIRE AGREEMENT
SECTION 13 - GOVERNING LAW
SECTION 14 – ARBITRATION; CLASS ACTION WAIVER
Any arbitration must be on an individual basis and the parties to such arbitration and the arbitrator therefor will have no authority or power to proceed with any claim as a class action or otherwise to join or consolidate any claim with any other claim or any other proceeding involving third parties. If a court determines that this limitation on joinder of or class action certification of claims ins unenforceable, then this entire commitment to arbitrate will become null and void and the parties must submit all claims to a court of competent jurisdiction.
SECTION 16 - CONTACT INFORMATION