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Terms of Service

 

Please review the following terms and conditions concerning your use of and access to the Website. By accessing, using and/or downloading any materials or content from the Website, you agree to follow and be bound by these terms and conditions (these "Terms" or this "Agreement"). If you do not agree with these Terms, you may not use the Website.

 

GENERAL PROVISIONS

Products, Content, Specifications and Accuracy of Information: We attempt to ensure that information on this Website is complete, accurate and current. Despite our efforts, the information on this Website may be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Website. All features, content, specifications, products, colors and prices of products and services described or depicted on this Website are subject to change at any time without notice. Certain measurements 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. The actual color you see, however, will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Website at a particular time does not imply or warrant that those products or services will be available at any time. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice and in our sole and absolute discretion, to limit the order quantity on any product or service, to refuse service to any customer and/or to refuse access to the Website by any visitor or customer. We also may require verification of information prior to the acceptance and/or shipment of any order.

 

MEMBERSHIP & REGISTRATION

Certain areas of the Website may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. The Website's practices governing your personal information are disclosed in our privacy policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website. When you provide information to the Website, you agree to provide only true, accurate, current and complete information. If you register with the Website, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Website using your name in whole or in part. We may, in our sole discretion, and at any time, with or without notice, terminate your password and membership, for any reason or no reason at all.

 

LINKS TO THIRD PARTY SITES

The Website may contain links or have references to websites controlled by parties other than THIS WEBSITE. THIS WEBSITE is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. THIS WEBSITE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by THIS WEBSITE of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by THIS WEBSITE. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

 

SUBMISSIONS

Except where expressly provided otherwise by THIS WEBSITE, all comments, feedback, information and data submitted to THIS WEBSITE through, in association with or in regard to the Website and/or any other THIS WEBSITE goods or services ("Submissions") shall be considered non-confidential and THIS WEBSITE's property. This may not include copyright ownership of images which you may upload, but does include an express license to use said images in any method THIS WEBSITE sees fit and make compilations and derivative works thereof in all media now known or hereafter devised. Except as expressly enumerated in the preceding sentence, by providing such Submissions to THIS WEBSITE, you agree to assign to THIS WEBSITE, as consideration in exchange for the use of the Website, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. You represent that you have the right to grant THIS WEBSITE these rights. THIS WEBSITE shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not THIS WEBSITE, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You will not post any Submission that (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity THIS WEBSITE reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any THIS WEBSITE Site that violates these Terms of Use and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these Terms of Use and/or protect the safety or security of any person or property, including any THIS WEBSITE Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

 

LIMITATION OF LIABILITY

IN NO EVENT SHALL THIS WEBSITE OR THE THIRD PARTY PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY DAMAGES to your computer, telecommunication equipment, or other property and/or FOR LOSS OF DATA, CONTENT, IMAGES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE accessing or USE of, OR INABILITY TO USE, THE WEBSITE AND THE SERVICES ASSOCIATED THEREWITH including but not limited to the downloading of any materials, REGARDLESS OF CAUSE, WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR THE THIRD PARTY PROVIDER HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY IN THE EVENT OF YOUR BREACH, OR RELATED TO YOUR INDEMNITY OBLIGATIONS. THIS PARAGRAPH SHALL NOT AFFECT THE RIGHTS LISTED BELOW IN THE SECTION TITLED "INDEMNITIES".

 

REPRESENTATIONS AND WARRANTIES

Each party represents and warrants that it has the power and authority to enter into this Agreement. THIS WEBSITE warrants that it will provide the Website and all goods and services in a manner consistent with its business practices, as THIS WEBSITE, in its sole and absolute discretion, deems fit. To the extent that you represent an entity of any type or any individual besides yourself, you represent and warrant that you have the proper authority to enter into this Agreement on their behalf.

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