Terms of Service
1. COPYRIGHT AND OWNERSHIP
All of the content featured or displayed on the Web Site, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by the Company. All elements of the Web Site, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Services and the Web Site may only be used for the intended purpose for which such Web Site and Services are being made available. Except as may be otherwise indicated in specific documents within the Web Site, the User is authorized to view, play, print, and download documents, audio, and video found on our Web Site for personal, informational, and noncommercial purposes only. The User may not modify any of the materials and the User may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Web Site. Except as authorized under the copyright laws, the User is responsible for obtaining permission before reusing any copyrighted material that is available on the Web Site. For purposes of these Terms, the use of any such material on any other website or networked computer environment is prohibited. the User shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding the User’s use of the Web Site and Services. The Web Site, its Content, and all related rights shall remain the exclusive property of the Company or its licensors unless otherwise expressly agreed. the User will not remove any copyright, trademark, or other proprietary notices from material found on this Web Site.
2. PRODUCTS, CONTENT, AND SPECIFICATIONS
All features, content, specifications, products, and prices of products and services described or depicted on this Web Site are subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color the User see will depend on rhe User’s computer system, and we cannot guarantee that The User’s computer will accurately display such colors. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is the User’s responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this Web Site.
3. ACCURACY OF INFORMATION
The Company attempts to ensure that information on this Web Site is complete, accurate, and current. Despite efforts of the Company, the information on this Web Site may occasionally be inaccurate, incomplete, or out of date. Products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Web Site. In addition, the Company may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The Company reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
For all charges for any products and services sold on the Web Site, the Company will bill the User’s credit card or alternative payment method offered by the Company. Any seasonal surcharges will be included in the User’s order's delivery total and are non-refundable. In the event legal action is necessary to collect on balances due, the User agrees to reimburse the Company for all expenses incurred to recover sums due, including attorneys' fees and other legal expenses. The User is responsible for the purchase of, and payment of charges for all Internet access services, and telecommunications services needed for use of this Web Site.
5. ACCESS AND INTERFERENCE
The User agrees that the User will not use any robot, spider, scraper, or other automated means to access the Web Site for any purpose without our express written permission. Additionally, the User agrees that the User will not: (i) take any action that imposes or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on the Web Site; or (iii) bypass any measures we may use to prevent or restrict access to the Web Site.
6. FORCE MAJEURE
Neither the Company nor the User shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
The information, materials, and services provided on or through this Web Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
The Company warrants that the functions contained in this Web Site will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The Company hereby disclaims all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this Web Site. Without limiting the generality of the foregoing, The Company hereby expressly disclaims all liability for product defect or failure, claims that are due to normal use, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation.
8. LIMITATION OF LIABILITY
The User’s use of the Web Site is at the User’s own risk. The User agrees that our sole obligation to the User is to provide the Web Site “as is”. Neither the Company nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing, or delivering the Web Site shall be liable to the User or to any third party for the User’s use of, or the inability to use, the Web Site and its Content except in cases of (a) gross negligence, recklessness, or an act of knowing or intentional willful misconduct; or (b) a violation of a consumer protection statute in connection with the Web Site. In no event will the Company or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production, or transmission of this web site, be liable to the User or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of the use of the Web Site, any web sites linked to this Web Site, and its Content, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In the event of any problem with this Web Site or any Content, the User agrees that the User’s sole remedy is to cease using this Web Site. In the event of any problem with the products or services that the User has purchased on or through this Web Site, the User agrees that The User’s sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on this Web Site. In no event the Company shall not be total liable to the User for all damages, losses, and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the greater of (a) fifty dollars ($50.00) or (b) the value of the User’s purchase on the Web Site.
The User agrees to defend, indemnify and hold the Company and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to any violation of these Terms by the User or the User’s authorized users, or in connection with the use of the Web Site or the Internet or the User’s purchases or the placement or transmission of any message or information on this Web Site by the User or the User’s authorized users or the User’s violation of any law or the rights of a third party.
11. WEB SITE DISPUTES
All other disputes are Non-Web Site Disputes. Any claim arising from the User’s purchase of the Company product or service is a non-Web Site Dispute. Any claim arising from the content of any offer or advertisement on the Site is a non-Web Site Dispute.
12. GOVERNING LAW
Any claim relating to, and the use of, this Web Site and the materials contained herein is governed by the laws of the State of Delaware, U.S.A. The User acknowledges the exclusive jurisdiction of the state and federal courts located in the State of Delaware. A printed version of these Terms will be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. SURVIVAL CLAUSE
5 (Access and Interference), 8 (Limitation of Liability), 9 (Indemnity) shall survive any termination or expiration of these Terms.