Effective Date: March 14, 2012
Products, Content and Specifications. All features, content, specifications, products and prices of products and services described or depicted on the 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. The Operator makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see 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 the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your 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 the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Shipping Limitations. When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site. All purchases from the Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information. The Operator attempts to ensure that information on the Site is complete, accurate and up to date. Despite our efforts, the information on the Site may occasionally be inaccurate, incomplete or out of date. The Operator makes no representation as to the completeness, accuracy or up to datedness of any information on the Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, the Operator may make changes in information about price and availability without notice. In the event of a pricing error on the Site, the Operator reserves the right to cancel any orders resulting from such pricing errors. While it is the Operator’s practice to confirm orders by email, the receipt of an email order confirmation does not constitute its acceptance of an order or its confirmation of an offer to sell a product or service. The Operator reserves the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The Operator also may require verification of information prior to the acceptance and/or shipment of any order.
Use of the Site. The Site is a general purpose website and is not targeted towards children under 13. By registering an account on the Site, you represent and warrant that you are 18 years of age or older. If the Operator becomes aware that you are under 18, we will terminate your registration. You may use the Site solely for your personal, non-commercial use. You acknowledge and agree that the Operator does not control the User Content posted to the Site, or any links to other websites, including the content of any messages, and that we do not guarantee the accuracy, integrity or quality of any User Content. All User Content, including advice and opinions posted by Users, comprises the views and responsibility of those who post such User Content, and does not necessarily represent views of the Operator. You understand that, by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Restrictions of Use of the Site. By using the Site, you agree that you will not:
Third Party Links. From time to time and in addition to the Affiliate Sites, the Site may contain links to websites that are not owned, operated or controlled by the Operator, the Entities or any of their affiliates (each, a “Third Party Link”). All Third Party Links are provided solely as a convenience to you. If you use any Third Party Link, you will leave the Site. Neither the Operator, the Entities nor any of their affiliates, service providers or suppliers are responsible for any content, materials or other information located on or accessible from any Third Party Link. Neither the Operator, the Entities nor any of their affiliates, service providers or suppliers endorse, guarantee, or make any representations or warranties regarding any Third Party Link, or any content, materials or other information located or accessible from such Third Party Links, or the results that you may obtain from using such Third Party Links. If you decide to access any Third Party Link or Affiliate Link to or from the Site, you do so entirely at your own risk.
Inappropriate User Content. You are prohibited from posting or transmitting any content that:
Further, you understand that the Operator and/or the Entities may be working on the same or a similar idea to any ideas, expression of ideas or other materials you submit within your User Content (an “Idea”), that the Operator and/or the Entities may already know of such Idea from other sources, and/or that the Operator and/or the Entities may simply wish to develop such idea or a similar idea on its/their own.
DISCLAIMERS. YOUR USE OF THE SITE AND OF ANY USER CONTENT IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THE 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. NEITHER THE OPERATOR, THE ENTITIES, NOR ANY OF THEIR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE SITE. THE MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE SITE MAY BE OUT OF DATE, AND NEITHER THE OPERATOR, THE ENTITIES, NOR ANY OF THEIR AFFILIATES OR OTHER SERVICE PROVIDERS OR SUPPLIERS MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE OPERATOR, THE ENTITIES HEREBY DISCLAIM 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 THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OPERATOR, THE ENTITIES HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE OPERATOR AND THE ENTITIES MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY. Neither the Operator nor the Entities assumes any responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, phone, tablet, telecommunication equipment, or other similar and/or related property caused by or arising from your access to, use of, or browsing the Site or your downloading of any materials from the Site. IN NO EVENT WILL THE OPERATOR, THE ENTITIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS, VENDORS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITE BE LIABLE TO ANY PARTY 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 USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE (INCLUDING, WITHOUT LIMITATION, THE AFFILIATE SITES AND/OR THE THRID PARTY SITES), OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE SITE, YOU AGREE THAT YOUR 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 THE SITE.
Termination. You or the Operator may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. The Operator reserves the right to change, suspend and/or discontinue all or any aspect of the Site at any time without notice.