The Site and Products are provided subject to your acceptance of these Terms and Conditions (“Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and us, and you should read them carefully. By agreeing to these Terms, you also agree to our Privacy Policy, Return Policy, and Shipping Policy, each of which is expressly incorporated by reference herein.
This Agreement includes an arbitration agreement and class action waiver that waives your right to a jury trial or trial or to participate in a class action. Arbitration is mandatory and the exclusive remedy for any disputes unless otherwise specified below or if you opt-out. You must review this entire document before accessing, using, or purchasing any products through the Site.
User Obligations
By downloading, accessing, or using the Site, you represent that you are at least eighteen (18) years of age or the age of legal majority, whichever is greater, and that you agree to these Terms. You also agree to comply with all applicable local, state, and national laws and regulations in connection with your use of the Site. You also represent that you will always provide true, accurate, current, and complete information (and keep it up to date) when submitting information to us through the Site. You will use the Site only as permitted by this Agreement and you will not use the Site or the Content for any commercial, political, obscene, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to terminate your access to the Site for any reason or no reason. If you register for an account on the Site, you may be required to provide an email address and password, and there may be additional requirements as we may specify from time to time. You agree to accept full responsibility for your use of the Site, including any activities that occur through your password (and associated account access). You must notify us immediately if you suspect or become aware of any loss, theft, or unauthorized use of your password.
User Generated Content
By submitting or posting any material or content on the Site (“User Generated Content”), you grant us a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sublicensable, and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, and sublicense such materials or any portion thereof. You hereby represent, warrant, and covenant that any User Generated Content you provide does not violate any law or the rights of any third party, and you have the full right to grant us the license set forth above. We will have the right to use any User Generated Content without any obligation of confidentiality, attribution, or compensation to you. Limitation of Liability; Disclaimer of Warranties. Except where not applicable or prohibited by law, the website and all content, products, and other information on or accessible from or through this website are provided “as is” and “as available”, without warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy.
Links to Third Party Websites
The Site may include links to third-party websites, such as those from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Site does not imply our endorsement of that link and we disclaim any responsibility for the content, materials, accuracy of information, or quality of the products or services provided by, available through, or advertised on, these third party websites.
Terms of Sale
Our receipt of an electronic order confirmation or other form of order confirmation does not constitute our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept, decline, or limit your order for any reason, regardless of whether your credit card has been charged. If your credit card has been charged and we cancel your order, you will receive a prompt refund in the form of a credit to your account. We reserve the right, without prior notice, to limit the order quantity for any product or service and/or refuse service to any customer. We may also require verification of information before accepting and/or shipping any order.
Once an order is accepted, it will be shipped to the address specified by the buyer. All purchases from this Site are made under to a shipping contract. We will file a claim with the shipping carriers for damaged and/or lost shipments. Please contact us at [email protected] if your package is lost or damaged. Our shipping terms, including those set out in our Shipping Policy, are accepted by you when you place an order with us.
Payment terms are at our sole discretion and, unless otherwise agreed by us in writing, will be as follows: At the time you place your order, you will be charged 100% of the amount due plus taxes and any shipping charges. Unless we specify otherwise, payments will be made in U.S. dollars. Shipping and handling charges will be calculated by our current shipping policies.
We accept payment for purchases through third-party payment processors. You agree to be bound by and accept the terms and conditions of such processors. In addition, you represent and warrant that: (i) the credit card information you provide to us, our vendors, and affiliates is true, accurate, and complete; (ii) the charges you incur will be honored by your credit card company; and (iii) you will pay the charges you incur at the posted prices, including all taxes, shipping and other charges, if applicable.
Refunds and Returns Policy
Please email [email protected] if you would like to return a product purchased from our Website. Please see our Refunds Policy for details. Please note that items purchased from department stores or specialty stores must be returned to the store where they were purchased.
Information, Content, and Specifications
We attempt to ensure that the information provided on our Website is complete, accurate, and up-to-date, but we make no representations as to the completeness or accuracy of any such information. For example, products may not be available or may have different attributes than those listed. The features, content, specifications, products, and prices of products and Services described or depicted on this Website are subject to change at any time without notice. All weights, measurements, and similar descriptions are approximate and are provided for convenience only. We make reasonable efforts to accurately display product attributes, including applicable colors; however, the actual colors you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.
Restrictions
You agree that you will not violate any applicable laws or regulations in connection with your use of the Site or Services or in connection with any products purchased through the Site.
You agree that you will not distribute, upload, provide, or otherwise make available through the Site or Services any suggestions, information, ideas, comments, causes, promotions, materials, questions, notes, plans, drawings, proposals, graphics, text, information, links, profiles, personal information, names, images, sounds, photographs, software, music, audio, video, comments, messages, tags or similar materials (“Submissions”) that:
- are illegal or encourage others to engage in any illegal activity;
- contain viruses or any other similar malware that may harm the operation of our or others’ computers;
- infringes any copyright, patent, trademark, trade secret, right of privacy, right of publicity, or other right of any person or entity;
- is false, inaccurate, fraudulent, or misleading; or
- is defamatory, libelous, obscene, inappropriate, abusive, harassing, threatening or bullying.
You also agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile, or disassemble any portion of the Site or Services;
- interfere with or disrupt the operation of the Site or Services, including restricting or inhibiting any other person from using the Site or Services by hacking or sabotage;
- transmit to or make available in connection with the Site or Services any denial of service attacks, viruses, worms, Trojan horses, or other harmful code or activity;
- attempt to probe, scan, or test the vulnerability of the Site or Services or to breach our security or authentication measures;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- harvest or assemble email addresses or other contact information of other users of the Site or Services;
- submit or post false, incomplete, or misleading information to the Site or Services, or provide such information to us;
- register for more than one user account; or,
- impersonate any other person or entity.
- No text, or data mining, or web scraping
This provision shall not apply to the extent (but only to the extent) we cannot exclude or restrict text, or data mining, or web scraping by contract under the laws applicable to us.
You must not conduct, facilitate, authorize, or permit any text or data mining or web scraping about our Site or any Services provided through or in connection with our Site. This includes using (or permitting, authorizing, or attempting to use):
Any “robot”, “bot”, “spider”, “scraper” or another automated device, program, tool, algorithm, code, process or methodology to access, retrieve, copy, monitor, or republish any part of the Site or any data, content, information or Services accessed through it.
You agree that you are not authorized to access any part of the Site or Services that we have not made publicly available or accessible to registered users (whether or not) and that you must not attempt to bypass any security measures in place on the Site or Services.
Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Site or Services shall not be limited to violations of these Restrictions.
Disclaimer and Limitation of Liability
We do not represent or warrant that access to the Site or Services will be error-free or uninterrupted, and we do not warrant that users will be able to access or use the Site or Services or their features at all times. We reserve the right at any time to modify the Site or to discontinue (temporarily or permanently) the Services or any part of the Services without notice.
The Site or Services may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any such errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Although we reserve the right to review, edit, delete or modify information from or on the Site or Services, we may not screen this material or control the sources of this information, and we do not guarantee the accuracy, relevance, completeness, currency, quality, completeness or applicability of any such information.
The materials appearing on the Site or Services, including but not limited to summaries, descriptions, publications and any other such materials, are not intended to be and do NOT constitute legal, financial, investment, business or professional advice of any kind. Persons accessing materials appearing on the Services should not act upon them without first seeking relevant professional advice. The materials should not be used as a substitute for consultation with professional advisers. You agree that we are not responsible for any financial, business or legal decisions you may make.
By using the site and/or the services, you agree and acknowledge that we provide the site and the services “as is” and without any warranties of any kind, either express, implied or statutory. We and our parents, subsidiaries, officers, directors, shareholders, members, managers, employees and suppliers specifically disclaim any implied warranties of title, accuracy, suitability, applicability, merchantability, performance, fitness for a particular purpose, non-infringement or any other warranties. No advice or information (whether oral or written) obtained by you from us shall create any warranty. Use of the site and/or services is at your sole risk. We do not warrant that you will be able to access or use the site and/or services at times or locations of your choice; that the service will be uninterrupted or error-free; that defects will be corrected; or that the service is free of inaccuracies, user errors, viruses, or other harmful components. To the maximum extent permitted by law and except as prohibited by law, in no event will we or our affiliates, licensors or business partners (collectively, the “related parties”) be liable to you based on or related to the service, whether in contract, tort (including negligence), strict liability or otherwise, and shall not be liable for any loss or damages, including but not limited to direct, indirect, incidental, consequential, punitive, exemplary or special damages arising out of or in any way connected with access or and/or the parties have been advised of the possibility of such damages.
Indemnity
You agree to defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, reasonable attorneys’ fees) arising from: (i) your use of and access to the Site or Services; (ii) your violation of any provision of this Agreement; (iii) your violation of any third-party right, including, without limitation, any copyright, property, or privacy right; (iv) any claim that any of your Submissions causes damage to a third party; or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law or that violates the rights of any person or entity, is engaged in, caused or facilitated in any way through the use of the Site or the Services. This defense and indemnification obligation shall survive any termination or expiration of this Agreement or your use of the Site and/or the Services.
Contact information
For any questions regarding the Terms of Service, please send them to us at info [email protected].