1. Acceptance of Terms
2. Who May Use This Site
The website may be used only by individuals who are at least 18 years of age, can form a legally binding contracts, and who have not been previous barred from using this Website.
3. Restrictions on Use
You agree that you will provide true, accurate, current and complete information about yourself as required for purposes of registration (the “Registration Data”), and that you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You agree further that you will refrain from any of the following:
(i) use any data mining, agents, bots, or similar data gathering and extraction methods from the website;
(iii) to access the Website as part of a denial of service attack or with intent to deploy malware; and
(iv) resell for commercial purposes products purchased through this website.
4. Copyright and Trademark
All trade marks, including trade names, logos, service marks, and trade dress, whether registered or unregistered that appear on the present website are proprietary to The Company.
5. Your Account
6. Terms of Sale
8. Links to Third Party Websites
10. Warranties and Disclaimer
THE WEBSITE AND ANY CONTENT PROVIDED, INCLUDING LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
THE COMPANY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, RESERVES THE RIGHT TO CANCEL OR TO REFUSE TO ACCET ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION OR BASED ON ANY ERRORS, INACCURACIES OR OMISSIONS ON THE WEBSITE OR ITS CONTENT THAT MAY RELATE TO PRICING AND AVAILABILITY.
THE COMPANY RESERVES THE RIGTH TO TERMINATE AN ORDER IF AN ITEM BECOMES UNAVAILABLE FOR WHATEVER REASON AFTER AN ORDER IS ACCEPTED. A REFUND OR PROVISION OF CREDIT AGAINST FUTURE PURCHASE SHALL OPERATE AS A WAIVER OF ANY OTHER OF YOUR RIGHTS.
THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL BEAR NO LIABILITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, APPS, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE WEBSITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE ON-LINE OR AT ANY PARTICULAR STORE.
Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers or limitations, may not apply to you.
12. Copyright and Trademark Infringements
The Company may, in appropriate circumstances at its discretion, terminate service and/or access to the Website for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on this Website, please provide The Company’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Website, and information reasonably sufficient to permit The Company to locate the material.
- Information reasonably sufficient to permit The Company to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law, and a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Company’s agent for notice of claims of copyright or trademark infringement on the Website can be reached as follows:
Section 512(f) of the U.S. Copyright Act provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Other jurisdictions may have analogous provisions.
13. Governing Law
You consent to receive electronic communications from The Company either in the form of email sent to you at the email address listed on your account or by communications posted on the Website. You acknowledge and agree that any electronic communication in the form of such email or posting on the Website shall satisfy any legal requirement that such communication be in writing.
15. Force Majeure
16. Additional Assistance
IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS AND CONDITIONS OF THIS AGREEMENT, OR ARE NOT AUTHORIZED TO AGREE TO THIS AGREEMENT, PLEASE DO NOT USE THE PLATFORM OR PURCHASE OR DOWNLOAD THE PRODUCT AND EXIT THE WEBSITE.