TERMS & CONDITIONS
Unless otherwise stated, the Company and/or its licensors own all of the intellectual property rights to the content, graphics, designs, images, icons, photography, video and all other material that appears on the Site (the “Content”). All of the Content contained on the Site is protected under applicable copyright, trade dress and trademark laws and other proprietary and intellectual property rights laws. All intellectual property rights are reserved.
User Generated Content
Certain parts of this Site offer the opportunity for users to post and exchange comments, messages, opinions, information, images, data and other material (“User Generated Content”). By posting any User Generated Content, you grant the Company a non-exclusive, royalty- free, perpetual, transferable, irrevocable, fully paid and sublicenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world. In connection with the granting of such rights, you represent and warrant that you have all of the necessary rights to the User Generated Content and such User Generated Content is accurate and not misleading.
The Company may not screen, edit, publish or review User Generated Content prior to its appearance on the Site; provided, however, that the Company reserves the right to use the User Generated Content as it deems appropriate, and may delete, modify, edit, reject, or refuse to post any User Generated Content. The User Generated Content does not reflect the views or opinions of the Company, its agents or affiliates. To the extent permitted by applicable laws the Company shall not be responsible or liable for the User Generated Content or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the User Generated Content on this Site.
Any suggestions, comments, ideas, feedback, concepts, product reviews and other information you submit to us or post on the Site (collectively, “User Comments”) shall be our sole property and shall be treated as non-confidential and non-proprietary. We shall have no obligation to compensate you for any User Comments and shall own all known and hereafter existing rights of every kind and nature regarding the User Comments.
Purchases And Payments
If you purchase any good(s) from the Site “Products”) you are representing and warranting that any and all payment information you provide (including any credit card information) is true, correct and complete and that all charges incurred by you will be honored by you and/or your bank or credit card company. You agree to pay all charges for the Products including all applicable taxes and shipping fees.
We reserve the right to cancel or refuse any order placed with us through the Site. In the event we cancel or refuse an order, we will contact you via the e-mail/phone number/billing address provided at the time the order was placed. If payment has already been processed, we will promptly refund your purchase.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVICES THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS AND TO CHANGE AND/OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER YOU HAVE SUBMITTED YOUR ORDER). WE APOLOGIZE FOR ANY INCONVENIENCE THIS MAY CAUSE YOU. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) THE USE OF, OR INABILITY TO USE, THE SITE; (B) THE
PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (C) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. IF WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE, PRODUCTS PURCHASED THROUGH THE SITE OR ANY CONTENT, OUR LIABILITY SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless the Company, its independent contractors, service providers and consultants, and their respective officers, managing members, members, shareholders, directors, employees, agents, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.