PLEASE READ THE BELOW TERMS CAREFULLY. THE TERMS AFFECT YOUR LEGAL RIGHTS AND INCLUDE A WAIVER OF YOUR RIGHT TO A JURY TRIAL AND RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ARBITRATION FOR ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES.
Some of the links we make available to you on the Sites will redirect you to leave the Site(s). We cannot guarantee that the hyperlinks set out on our Site(s) will be accurate in any respect. You agree and acknowledge that the third-party websites accessed through these hyperlinks are developed and maintained by person(s) or entities over which we have no control, and that we cannot and do not monitor these third-party websites. You agree that we are not responsible for the content of any website referenced to by any hyperlink or otherwise, and do not warrant the content of these websites in any manner or respect. You acknowledge and agree that, if you access any of the third-party websites linked on the Sites, you do so at your own risk. These links are provided only for your convenience, and their inclusion does not constitute or imply our approval or endorsement of those sites or their content. We shall not be liable for any loss, claim, damages, or costs that may arise in connection with such links or your use of any such third-party website.
USE RESTRICTED TO U.S. RESIDENTS
By using the Sites, you acknowledge and agree that we operate the Sites from our offices within the United States of America and that the Sites are intended for viewing within the United States only and will only be construed and evaluated according to United States law. We make no representations that the materials on the Sites are appropriate or available for use outside the United States. If you choose to access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with all local laws.
ACCESS RESTRICTION AND TERMINATION
Access and use of the Sites is expressly conditioned on your compliance with all relevant laws, regulations, contractual obligations, and these Terms. We may restrict, suspend, or terminate your access to all or any part of the Sites at any time and for any reason in our sole and complete discretion, including but not limited to (1) when required by law; (2) when we believe, in our sole discretion, that a user may be violating the law or these Terms; or (3) any other reason that we deem appropriate. We reserve the right to exercise whatever means we deem necessary to prevent unauthorized access to the Sites.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Sites, you will not use the Sites for any purpose that is unlawful or prohibited by these Terms. You may not use the Sites in any manner which could damage, disable, interrupt, overburden, or impair the Sites or our network or servers, or interfere with any other party’s use and enjoyment of the Sites. You may not attempt to gain unauthorized access to the Sites, other accounts, computer systems, or networks connected to the Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Sites. In addition, you shall not register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for the Sites if you are not expressly authorized by such party to do so. Additionally, you shall not engage in spidering, “screen scraping,” “database scraping,” harvesting of information, or any other automatic means of accessing, logging-in or registering on the Sites, or obtaining or accessing other information from or through the Sites.
The following actions are also expressly prohibited: (i) Transmitting unsolicited email or spam; (ii) Using any of our domain names as a pseudonymous return email address for any electronic communications; (iii) Pretending to be someone else or spoof their identity; (iv) Soliciting business, selling products, or otherwise engaging in commercial activities or personal advertisements; (v) Using the Sites to perpetrate fraud, misrepresentation or illegal activity; (vi) Attempting to gain unauthorized access to the Sites or another user’s account, through hacking, password mining or any other means; (vii) Attempting to circumvent or compromise any security measures; (viii) Creating or releasing computer viruses, Trojan horses, or worms or otherwise engaging in destructive or potentially destructive programming activities; (ix) Deep linking to any part of the Sites; (x) Modifying, altering, or tampering with systems hardware or software; (xi) Creating multiple accounts through the Sites; (xii) Intentionally submitting inaccurate information or falsifying information submitted to us for the purpose of creating multiple accounts; (xiii) Exceeding or attempting to exceed quantity limits when using coupons, vouchers or other limited offers and promotions; or (xiv) Assisting or permitting any person engaging in any of the activities described above.
All content included on the Sites, including text, graphics, logos, images, audio clips, data compilations, software, as well as the compilation of the website content, is our property or that of our suppliers, and protected by United States and international copyright laws. Except as otherwise expressly provided in writing or under applicable law, such content may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use or otherwise used in whole or in part in any manner without our express written permission. Our graphics, pictures, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress, of ours in the United States and/or other countries. You agree not to use these trademarks and trade dress in any manner prohibited by law or prohibited by us, including but not limited to any manner likely to cause confusion among customers or to disparage or discredit us. There may be other trademarks we do not own appearing on the Sites. Those trademarks are the property of their respective owners, who may or may not be affiliated with us.
Please refer to our Copyright Policy if you believe that your copyrighted material has been copied in a way that constitutes copyright infringement.
LICENSE AND SITE ACCESS
We grant you a limited license to use the Sites for personal and non-commercial use only. You may not copy or reproduce the Sites, or any portion of them, without our express written consent. In addition, we grant you a limited, revocable, and nonexclusive right to create a hyperlink to any of the Sites, so long as the link does not portray us in a misleading, derogatory, false, or otherwise offensive manner.
SITE WARRANTIES DISCLAIMER
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. THE SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, MOBILE APPLICATIONS, AND AFFILIATED WEBSITES), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, OUR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING FROM OR IN CONNECTION WITH THE USE OF THE SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES, ANY PRODUCT, AND/OR CONTENT IS TO CEASE YOUR USE OF THE SITES AND A REQUEST A REFUND OF AMOUNTS PAID TO US, SUBJECT TO COMPLIANCE WITH THE REFUND POLICY.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. If you are under 18, you may not use or access the Sites without the involvement of a parent or guardian over the age of 18.
PRODUCT ORDERS AND ACCEPTANCE
By confirming your purchase at the end of the checkout process, you agree to accept and pay for the purchased product(s). All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms and may result in cancellation of your order. We may also request additional information from you prior to accepting an order. We reserve the right to refuse or cancel an order for any reason, including, but not limited to, limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified with your payment or billing information, or potential fraud. If your order is canceled after your credit card or other payment account has been charged, we will issue a credit to your credit card or other applicable payment account in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. We may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held.
We reserve the right to limit the quantity of items purchased per person, per household, or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, or to orders that use the same billing and/or shipping address. We will notify you if we apply any such limit to all or any part of your order.
RISK OF LOSS, SHIPMENTS, EXPORT LAWS, RETURNS, REFUNDS AND TITLE
The risk of loss and title for purchased items pass to you upon our delivery to the carrier. Except as otherwise expressly provided in writing, we will ship product orders through a carrier chosen by us. Any shipping and handling charges which are imposed may reflect estimated or average amounts required to cover the cost of shipping and handling and may not reflect the actual shipping and handling costs incurred for the specific order. If you request that we ship an item to a country outside the U.S. (a “Foreign Shipment”), you acknowledge and agree that those shipments may be subject to taxes, customs duties, and fees levied by the destination country (“Import Levies”). THE RECIPIENT OF THE SHIPMENT IS THE IMPORTER OF RECORD IN THE DESTINATION COUNTRY AND IS RESPONSIBLE FOR ALL IMPORT LEVIES. You further agree to comply at all times with all applicable laws and regulations, including the laws and regulations of the United States, regarding export and re-export. You therefore represent, warrant and agree that you will not export or re-export any product to any destination, person, or entity prohibited or restricted under United States law. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. For more information about our returns and refunds, please see our Return Policy.
PRICING, PRODUCT DESCRIPTIONS, AND RESELLERS
We make every effort to ensure that the price of each item listed for sale is accurate, and that its products are described accurately. However, a small number of items may at times be mispriced due to administrative or other error. In the event of a pricing error, you agree that we shall have no obligation to fulfill the order, and will, at our sole discretion, either contact you to determine whether you would like to proceed with the order at the correct price, or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or pricing is accurate, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition. In addition, if we determine, in our sole discretion, that you are a reseller or commercial entity, we reserve the right to cancel your order.
You may receive an email that contains information regarding the details of your order after you have successfully placed an order through the Sites. The order confirmation email is your receipt that can be printed for your records. Although we make every reasonable effort to fulfill orders placed through the Sites, the receipt of an order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell.
PRESS RELEASES AND PROMOTION MATERIALS
All press releases and other promotional materials are only current on their original date, unless otherwise stated. These materials were, to the best of our knowledge, timely and accurate when issued. However, you should not rely on the continued accuracy of any such material beyond the date of issuance.
CLAIMS AGAINST US TO BE RESOLVED BY ARBITRATION / WAIVER OF CLASS ACTION AND JURY TRIAL
If you have a claim against us, you agree that it will be resolved by binding arbitration brought before a single, neutral arbitrator in the State of California, Nevada County. Without your agreement to binding arbitration, we would be unable to provide our products and services to you on the same terms. Your agreement to binding arbitration means that you give up your right to sue us in a court of law, except that you may bring a claim in small claims court if your claim qualifies to be heard there. Any arbitration will be conducted and governed by the California Arbitration Act. You also agree not to bring a class action suit against us, and we each waive any right to a jury trial in any dispute. The above does not preclude any party from bringing an action to such equitable relief, if that is the only available appropriate relief under the circumstances.
BY ACCEPTING THESE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND ANY RIGHTS YOU MAY HAVE TO BRING ANY CLAIMS ON A CLASS OR REPRESENTATIVE ACTION BASIS.
The law of the State of California and federal law to the extent applicable governs the use of the Sites and these Legal Notices without reference to choice of law provisions. Any claim which qualifies to be filed in a court of law will be heard exclusively in the state or federal courts located in the State of California, Nevada County.
OUR RIGHT TO AMEND AND REMOVE POLICIES
We reserve the right to modify, amend or delete any policy posted on the Sites at any time or for any reason. Your continued use of the Sites following the effective date of any such modification, amendment, or deletion of any policy constitutes your consent and acknowledgement to such modification, amendment or deletion. If a court deems any policy or provision void or unenforceable, the remaining provisions and policies shall remain valid and enforceable.