1. Acceptance of Terms of Service
BY ACCESSING, USING, AND/OR PURCHASING PRODUCTS VIA THE WEB SITE OR THE APP, YOU ARE AGREEING TO THESE Terms of Service WITHOUT LIMITATION OR QUALIFICATION. IF YOU DO NOT AGREE, PLEASE EXIT AND DO NOT ACCESS, USE, OR PURCHASE PRODUCTS AT THIS WEB SITE OR ACCESS, USE, OR PURCHASE PRODUCTS FROM THE APP.
These Terms of Service are available at a link at the bottom of each page on the Web Site or may be accessed from the menu of our App. We reserve the right to change these Terms of Service at any time and from time to time. Please check these Terms of Service before using the Web Site or App to determine whether a change has been made. Your continuing access to or use of the Web Site or App confirms your unconditional acceptance of the then-current Terms of Service in their entirety. If you do not agree to the changes in the Terms of Service as they occur, you should exit and not use the Web Site or App.
2. Use of Web Site
You may browse and use the Web Site and App solely for your personal, non-commercial purposes and in compliance with these Terms of Service. You may not distribute, modify, transmit, publish, reuse, repost, or use the Web Site or App or any content made available on the Web Site or App: (i) for public or commercial purposes without the express written permission of us; (ii) in a manner inconsistent with these Terms of Service; (iii) in violation of any applicable law, rule, regulation or order; or (iv) in a manner that could damage, disable, overburden, or impair the Web Site or App or interfere with any other party’s use or enjoyment of the Web Site or App.
You will not use the Web Site or App for junk mail, ‘spamming’ solicitations (commercial or non-commercial), chain letters, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such a list.
You will not transmit, distribute, introduce or otherwise make available in any manner through the Web Site or App any computer virus, keyloggers, spyware, worms, Trojan horses, timebombs, or other malicious or harmful programming (collectively, “Viruses”).
3. Copyright and Trademarks
The Web Site, App, and all text, audio, video, pictures, music, images, graphics, information, data, content, and other material displayed on, or downloadable from, the Web Site or the App (the “Content”) are the property of, or used with permission by, we and are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms of Service or with the prior written permission of the owner of such material. You may not modify the Content in any way or reproduce or publicly display, perform, distribute or otherwise use any such Content for any public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You may not remove any copyright, trademark, or other proprietary notices from the Web Site, App, or any Content. All rights to Content not expressly granted herein are reserved by and to the respective owners of such Content.
Certain trademarks, trade names, service marks and logos, icons, and domain names used or displayed on the Web Site or App are registered and unregistered trademarks, trade names and service marks owned by us and/or our affiliates. Other trademarks, trade names, and service marks used or displayed on the Web Site or App are the registered and unregistered trademarks, trade names and service marks owned by their respective owners and used with permission by us. Nothing contained on the Web Site grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Site without our written permission or the written permission of such third-party owner.
4. User Communications
You alone are responsible for any communication, message or other content that you post, upload, submit, transmit or share with us on the Web Site or App or by electronic mail, including without limitation any data, questions, comments, ideas, concepts, know-how, techniques, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. We do not endorse or sponsor any such User Communications submitted by you or other users of the Web Site or App. We reserve the right to terminate and/or deny you access to the Web Site or App if we determine, in our sole discretion, that you are violating these Terms of Service, or applicable law, rule, regulation or order or that your conduct is harmful to us, our interests or the interests of another user, a third-party provider, merchant, sponsor, licensor, service provider or any other third party.
Subject to the terms and conditions set forth in our Privacy Policy (linked at the bottom of each page in the Web Site or available on the menu in our App), all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit, or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution. You hereby grant to us and our affiliates and/or designees, a perpetual, fully paid up, royalty-free, irrevocable, worldwide license to the User Communications to use, transmit, copy, reproduce, distribute, publicly perform, publicly display, and prepare derivate works based upon such User Communications in any and all media now known or hereafter to become known for any and all commercial and non-commercial purposes, without the need for any acknowledgment, compensation or attribution. You declare and warrant to us that you are entitled to transmit or post User Communications to the Web Site or App and have all relevant licenses and consents from any relevant third parties. Further, we and its affiliates are free to use any ideas, concepts, know-how or techniques contained in any User Communication you send to the Web Site or App for any purpose whatsoever including without limitation developing, manufacturing, and marketing products.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, infringing, libelous, defamatory, obscene, inflammatory, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. We will fully cooperate with any law enforcement or regulatory authorities or court order requesting or directing it to disclose the identity of anyone posting any such information or materials.
We may, but are not obligated to, monitor or review any User Communications. We shall have no obligation to use, return, review, or respond to any User Communications. We act merely as a medium for distribution of User Communications and will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. You agree to notify us of any objectionable User Communications. We retain the right to remove any or all User Communications in our sole discretion.
5. Personal Information/Privacy Policy
We value your privacy and are committed to safeguarding your personal information. Please refer to our Privacy Policy for details about what information we collect on this Web Site or through our App and how we use and share such information.
6. Termination/Suspension
We may suspend or terminate your use of the Web Site at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Site at any time without notice. Additionally, we may cancel any order placed through the Web Site or App at any time in our sole discretion.
7. Purchasing Products; Returns
All products purchased from the Web Site are delivered pursuant to a shipment agreement. Accordingly, the risk of loss and title to such purchased products pass to you upon our delivery to a commercial carrier.
We attempt to describe our products as accurately as possible. However, we do not warrant that any product description or other content on the Web Site will be accurate, complete, reliable or error-free. If a product purchased on the Web Site does not conform to the product description, your sole and exclusive remedy is to return the unused product.
The price for any item purchased from the Web Site is not confirmed until your order is accepted by us. Although we strive to make our Web Site pricing as accurate and up to date as possible, the price you receive at order acceptance may differ from the price displayed for the product on the Web Site.
When you shop with us, we want you to be completely satisfied. If you are not satisfied with a purchase made at the Web Site, you may return it for an exchange or refund of the purchase price you paid minus all shipping charges. We can only accept returns purchased through the Web Site.
Based on your return instructions in the return authorization form, we will issue you a credit to your credit card or send the replacement item. We can only issue credit to the same credit card used for the purchase. If we believe that the product you've returned has been damaged or worn, we will send it back to you as soon as possible. Shipping and handling charges are not refundable. We do not take title to returned products until the item arrives at our returns department. Alternative returns policies may apply to particular products and product lines.
If you have any questions about our returns process, please contact customer services.
8. Pricing Policy
While we try to ensure accuracy, we reserve the right at any time to correct any errors in pricing or descriptions and to cancel or refuse to accept any order based on an incorrect price or description.
We hope this clarifies our policy. If you have any further questions, please send us an email. Our goal is to provide you with full service and complete satisfaction, and we look forward to serving you.
9. Linking
The Web Site or App may contain links to other web sites that are not owned, operated or controlled by us or its affiliates (each a “Third-Party Site”). All such links to Third-Party Sites are provided solely as a convenience to you. If you use these links, you will leave our Web Site or App. We are not responsible for your access to or use of any Third-Party Site. We do not endorse, guarantee, or make any representations or warranties regarding any Third-Party Site, or any content or information accessible from such Third Party Sites, or the results that you may obtain from using any Third-Party Site. If you access any Third-Party Site linked to or from the Web Site or App, you do so entirely at your own risk.
10. Product Warranty; Disclaimer of Warranties
We warrant for a period of one year after purchase date that our branded products purchased from the Web Site or App are free from defects in manufacturing and materials. This is not a guarantee against normal wear and tear.
YOU EXPRESSLY AGREE THAT USE OF THE WEB SITE, APP, AND CONTENT IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, THE WEB SITE, APP, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEB SITE OR APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS EXPRESSLY SET FORTH IN THE PARAGRAPH ABOVE, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEB SITE, APP, CONTENT, AND ANY PRODUCTS PURCHASED FROM THE WEB SITE OR APP, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT THE WEB SITE, APP, CONTENT, OR PRODUCTS WILL MEET YOUR REQUIREMENTS, OR THAT THE WEB SITE, APP, CONTENT, OR YOUR USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, CURRENT, ACCURATE, COMPLETE, OR ERROR FREE.
WE DO NOT GUARANTEE OR WARRANT THAT THE WEB SITE, APP, OR ANY CONTENT WILL BE FREE OF INFECTION FROM VIRUSES, WORMS, OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR APP IS AT YOUR OWN DISCRETION AND RISK.
11. Limitations of Liability
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES (AND DAMAGES FROM LOST PROFITS, INTERRUPTION OF BUSINESS, LOST DATA), WHETHER FORSEEABLE OR NOT, WHICH MAY ARISE OUT OF YOUR ACCESS TO, INABILITY TO ACCESS, OR YOUR USE OF THE WEB SITE, APP, OR CONTENT, OR RESULTING FROM ANY PRODUCTS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEB SITE OR APP OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, OUR SOLE LIABILITY FOR ANY REASON TO YOU, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR ANY PRODUCT, INFORMATION, OR SERVICE PURCHASED BY YOU FROM US THROUGH OUR WEB SITE OR OUR APP. EXCEPT AS EXPRESSLY STATED ON THE WEB SITE OR THE APP, WE MAKE NO OTHER WARRANTY REGARDING ANY USE OF, OR ANY TRANSACTIONS ENTERED INTO THROUGH, THE WEB SITE.
12. Indemnification
Unless prohibited by applicable law, you agree to indemnify and hold harmless each of us, its parents, subsidiaries, affiliates, officers, directors and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from or related to your use of this Web Site, the App, OR ANY CONTENT, the violation of these Terms of Service by you, or the infringement by you, or any other user using your account, of any intellectual property or other right of any person or entity. IF YOU ARE OBLIGATED TO INDEMNIFY US HEREUNDER, WE MAY, IN OUR SOLE DISCRETION, CONTROL THE DEFENSE AND DISPOSITION OF ANY SUCH CLAIMS AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITING THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE OR IN ANY OTHER MANNER DISPOSE OF ANY THIRD-PARTY CLAIM WITHOUT OUR CONSENT.
13. Remedies for Breach of these Terms by You
Without limiting any other rights or remedies, in the event that we determine, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct that we deem to be inappropriate or unacceptable in its sole discretion, we reserve the right to (i) warn you via e-mail that you have violated these Terms of Service; (ii) delete any content provided by you or your agent(s) to the Web Site or App; (iii) discontinue your access to the Web Site or App, (iv) notify and/or send content to and/or fully cooperate with law enforcement authorities for further action; and/or (v) any other action which we deem to be appropriate.
14. Children
Access to and use of the Web Site or App is made available only to people who can form legally binding agreements under applicable law. The Web Site and App are intended for a general audience and are not intended to be used by children under the age of 16. If you allow your minor child or a child for whom you are a legal guardian (a “Minor”), to access the Web Site or App, you will be solely responsible for.
15. Miscellaneous
In the event that any provision of these Terms of Service conflicts with applicable law, rule, regulation or order or if any provision is held invalid by a court with competent jurisdiction, then such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties, and the remainder of these Terms of Service will remain in full force and effect.
16.Order Cancellation Policy
We want you to get your order as soon as possible, so we begin processing it immediately after you place it. Once your order has been submitted, we are unable to cancel or make changes to the order. Please review your order very carefully prior to clicking the ‘Place Order’ button on checkout page.
You need to receive the order and then return it (in accordance with our return policy) for a refund.
17. Contact Us
We welcome your comments and questions. Please contact us.
