Terms & Conditions
USE OF SITE
You represent and warrant that you are at least 18 years old or
visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, we hereby
grant you a limited, revocable, non-transferable and non-exclusive license to
access and use the Site by displaying it on your internet browser only for the
purpose of shopping for personal items sold on the Site and not for any
commercial use or use on behalf of any third party, except as explicitly
permitted by us in advance. Any breach of this Agreement shall result in the
immediate revocation of the license granted in this paragraph without notice to
you.
Except as permitted in the paragraph above, you may not reproduce,
distribute, display, sell, lease, transmit, create derivative works from,
translate, modify, reverse-engineer, disassemble, decompile or otherwise
exploit this Site or any portion of it unless expressly permitted by us in
writing. You may not make any commercial use of any of the information provided
on the Site or make any use of the Site for the benefit of another business
unless explicitly permitted by us in advance. We reserve the right to refuse
service, terminate accounts, and/or cancel orders at its discretion, including,
without limitation, if we believe that customer conduct violates applicable law
or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through
this Site any Content, information, or other material that (a) violates or
infringes the copyrights, patents, trademarks, service marks, trade secrets, or
other proprietary rights of any person; (b) is libelous, threatening,
defamatory, obscene, indecent, pornographic, or could give rise to any civil or
criminal liability under U.S. or international law; or (c) includes any bugs,
viruses, worms, trap doors, Trojan horses or other harmful code or properties.
We may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
REVIEWS AND
COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the
Site, anything that you submit or post to the Site and/or provide us, including
without limitation, ideas, know-how, techniques, questions, reviews, comments,
and suggestions (collectively, "Submissions") is and will be treated
as nonconfidential and nonproprietary, and we shall have the royalty-free,
worldwide, perpetual, irrevocable and transferable right to use, copy,
distribute, display, publish, perform, sell, lease, transmit, adapt, create
derivative works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such
Submissions. All Submissions shall automatically become our sole and exclusive
property and shall not be returned to you.
In addition to the rights applicable to any Submission, when you
post comments or reviews to the Site, you also grant us the right to use the
name that you submit with any review, comment, or other Content, if any, in
connection with such review, comment, or other content. You represent and
warrant that you own or otherwise control all of the rights to the reviews,
comments and other Content that you post on this Site and that use of your
reviews, comments, or other Content by us will not infringe upon or violate the
rights of any third party. You shall 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 Submissions or Content. We may, but shall not be obligated
to, remove or edit any Submissions (including comments or reviews) for any
reason.
RISK OF
LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you pass to you
upon our delivery of the items to the carrier pursuant to our standard terms of
sale, which you may request at
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may,
without prior notice to you, immediately terminate the Agreement or revoke any
or all of your rights granted under this Agreement. Upon any termination of
this Agreement, you shall immediately cease all access to and use of the Site
and we shall, in addition to any other legal or equitable remedies, immediately
revoke all password(s) and account identification issued to you and deny your
access to and use of this Site in whole or in part. Any termination of this
Agreement shall not affect the respective rights and obligations (including
without limitation, payment obligations) of the parties arising before the date
of termination.
DISCLAIMER
AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT
GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESS , THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND
THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS
IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT AS PROVIDED . TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND
SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR
TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED
OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT
LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL
DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY
TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT
EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING
THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL
ERRORS
In the event a product is listed at an incorrect price or with
incorrect information due to typographical error or error in pricing or product
information received from our suppliers, we shall have the right to refuse or
cancel any orders placed for product listed at the incorrect price. We shall
have the right to refuse or cancel any such orders whether or not the order has
been confirmed and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled, we shall immediately
issue a credit to your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that
are owned and operated by third parties. You acknowledge that we are not
responsible for the operation of or content located on or through any such
site.
COPYRIGHT
COMPLAINTS
We respect the intellectual property of others. If you believe
that your work has been copied in a way that constitutes copyright
infringement, please follow our Notice and Procedure for Making Claims of
Copyright Infringement .
REMEDIES
You agree that our remedy at law for any actual or threatened
breach of this Agreement would be inadequate and that we shall be entitled to
specific performance or injunctive relief, or both, in addition to any damages
that we may be legally entitled to recover, together with reasonable expenses
of any form of dispute resolution, including, without limitation, attorneys'
fees.
No right or remedy of ours shall be exclusive of any other,
whether at law or in equity, including without limitation damages injunctive
relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these
terms and conditions shall imply any obligation to grant any similar, future or
other waiver.
DISPUTES
Any dispute relating in any way to your visit to the Site or to
the products you purchase through the Site shall be submitted to confidential
arbitration in Las Vegas, Nevada, except that to the extent you have in any
manner violated or threatened to violate our intellectual property rights, we
may seek injunctive or other appropriate relief in any state or federal court
in the State of Nevada. You hereby consent to, and waive all defenses of lack
of personal jurisdiction non conveniens with respect to venue and jurisdiction
in the state and federal courts of Nevada. Arbitration under these Terms of Use
shall be conducted pursuant to the Commercial Arbitration Rules then prevailing
at the American Arbitration Association. The arbitrator's award shall be final
and binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other party subject
to this Agreement, whether through class action proceedings or otherwise. You
agree that regardless of any statute or law to the contrary, any claim or cause
of action arising out of, related to or connected with the use of the Site or
this Agreement must be filed within one (1) year after such claim or cause of
action arose or be forever banned.
SEVERABILITY
If any these provisions shall be deemed invalid, void, or for any
reason unenforceable, that condition shall be deemed several and shall not
affect the validity and enforceability of any remaining provision.
Shipping
Information
For the cardholder's protection, the company reserves the right to
send orders to the billing address if a differing shipping address cannot be
verified.
Please note: we cannot ship via a traceable method to any post
office boxes. Delivery time cannot be guaranteed nor can the package be
tracked. We encourage all deliveries be made to a physical address so packages
can be tracked.
Shipping
Delays
We are not responsible for late shipments due to holidays, natural
disasters, or carrier delays. Please keep in mind holidays do not count as a
business day and should be considered when calculating shipping times. If you
need additional information, please email [email protected]