Terms & Conditions of Use
“Terms & Conditions of Use” Clause
Conditions of using our website
This website promotes our business. In these conditions, the business will be referred to as ‘we’ and ’our’.
A wide range of intellectual property rights are used in and relating to this website, including our trademarks and logos;
the design, text, graphics, blogs and other content of the web pages on this website, together with all the web addresses associated with those web pages; and all the software used on this website.
We are the owner or the authorized licensee of these intellectual property rights. You agree not to copy any content (including images) on this website without our consent.
About these conditions
If you access or use any part of this website, you agree to these conditions. If you do not agree to these conditions, do not access or use this website.
We may change these conditions at any time without giving you notice. Please check these conditions from time to time for any changes. By continuing to use the website you agree to all the changes we make to these conditions.
Using this website
We collect and use information in line with our Privacy Policy. By using this website, you agree to the way in which we collect and use your information.
You cannot use this website:
- for any unlawful purpose;
- to send spam; (See CAN-SPAM ACT Below)
- to harm, threaten, abuse or harass another person, or in a way that invades someone’s privacy or is (in our reasonable opinion) offensive or is unacceptable or damaging to us, our customers or suppliers;
- to create, check, confirm, update or amend your own or someone else’s databases, records, directories, customer lists, mailing or prospecting list to tamper with, update or change any part of the website; in a way that affects how it is run;
- in a way that imposes an unreasonable or disproportionably large burden on us or our suppliers’ communications and technical systems as determined by us; or
any automated means to monitor or copy the website or its content, or to interfere with or attempt to interfere with how the website works.
CAN-SPAM ACT-Email and Messages
We ‘opt out’ of any unsolicited email messages from any party.
You agree to comply with the U.S. CAN-SPAM Act. (15 U.S.C. § 7701(a) (11)) In regards to sending any email communications, or messages to us in any form.
Among other things, the CAN-SPAM Act prohibits sending unsolicited emails for marketing purposes unless specific requirements are followed. The Act also “preempts” (supersedes) state laws that regulate the sending of commercial email.
Be advised, under the CAN-SPAM ACT, each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, in addition to federal, and or criminal penalties.
Provide content to this website
If you provide any material to this website (for example, by providing ratings and reviews, comments, articles, or uploading any other content in any format (including video) (each “User Content”).
You agree and grant us permission, irrevocably, free of charge, exclusive royalty-free license to use your User Content. Including altering and adapting it for operational or editorial reasons in any media worldwide;
for our marketing, research and promotional activities and our internal business purposes which may include providing the User Content to selected third party partners, service providers, social media, and networking sites.
You own your User Content at all times, and you continue to have the right to use it in any way you choose.
By providing any User Content to the Website you confirm that your User Content:
- is your own original work you are authorized to provide it to the Website and that you have the right to give us permission to use it for the purposes set out in these terms;
- will not contain or promote anything illegal, harmful, misleading, abusive, defamatory (that is, it does not damage someone’s good reputation) or anything else that might cause widespread offense or bring our business partners or us into disrepute;
does not take away or affect any other person’s privacy rights, contract rights or any other rights;
- does not contain any virus or other code that may damage, interfere with or
otherwise adversely affect the operation of the Website;
- will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;
- will not contain any form of mass mailing or spam. (See CAN-SPAM ACT Above)
If you do not want to grant us, the permissions set out above; please do not provide any material to the Website.
We have no obligation to publish your User Content on the Website, and we retain the right to remove any User Content at any time for any reason.
We are not obligated to edit, pre-vet or review any User Content displayed on the Website. If you believe that any User Content does not comply with the requirements set out in this paragraph, please notify us immediately. We will then review the User Content and, where we deem it appropriate, remove it within a reasonable time.
Disclaimer
You use the website at your own risk.
You should not rely on the website for advice.
As far as the relevant laws allow, we do not guarantee that:
- there will be no problems with how you use the website; or
- the computer or server you use to log on to the website is free of viruses or other harmful programs.
Limits to our liability
Nothing in this disclaimer will exclude or limit any warranty implied by law that would be unlawful to exclude or limit; and nothing in this disclaimer will exclude or limit our liability with respect of any death or personal injury caused by negligence, fraud or fraudulent misrepresentation on the part of us.
Under no circumstances will we, the owner or operator of this website, or any of our group companies, employees, officers or agents, or any other organization involved in creating, producing, maintaining or distributing the website be liable for any loss of:
- profits;
- business or business opportunities;
- savings you expect to make;
- goodwill;
- use of, or corruption of information; or
- information.
If we do not keep to these conditions, we will not be liable for losses you have suffered as a direct result. We are not liable to you for any other losses whether such losses are because we have not kept to our obligations or contract, because of something we have done or not done in negligence, due to defamatory statements or liability for a product, service or otherwise as a result of:
- using or relying on the website;
- not being able to use the website;
- any mistake, fault, failure to do something, missing information, or virus on the website or if it does not work properly because of incidents outside of our control such as (but not limited to) interruptions to communication and networks and circumstances beyond our control;
- theft, destruction of information or someone getting access to our records, programs or services without our permission;
- goods, products, services or information received through or advertised on any website which we link to from this website;
any information, data, message or other material which you email, post, upload, reproduce, send, or otherwise distribute or receive using the website.
Refund Policy
If the product(s) you purchased from our store become damaged while being delivered by a third party carrier to you, we will replace or refund the product for up to 30 days after the ship date of your purchase. For any replacements or refunds please contact us at 866 887-5157
The whole agreement
These conditions make up the whole agreement between you and us in how you use the website. If a court decides that a condition in this agreement is not valid, the rest of the conditions will still apply.
The law
The laws of the State of California (without reference to its conflict of law principles) apply to your use of the website and these conditions. We control the website from within the United States. However, you can get access to the website from other places around the country and world. Although, these places may have different laws from the State of California, by using the website from other locations (other states, countries) you agree to follow all local, state, federal and national laws from the location you are accessing the site from. The laws of the State of California will apply to everything relating to you using the website and you agree to abide by these laws. We have the right to take you to court in the country and state that you live in.
Contact
Please contact us using the details shown here if you have any questions, comments, or requests regarding these Terms & Conditions.
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