Terms of Service
Terms of Service
BY USING THE SERVICES AT THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE EXIT THIS SITE.
Acceptance of Terms
The site services are provided to you subject to this Terms of Services (TOS) agreement, the terms of which may, from time to time, be updated by us without notification. You can review the most up-to-date version of the TOS Agreement at any time at this website. This Agreement is between you (the site user) and us (“Site owner”) with a principal place of business in the United States of America. Use of the Site owner’s Internet Web site signifies your agreement to the terms and conditions of use set forth herein. As you use specific content of our website and/or affiliated sub-domains you are subject to any posted guidelines, policies or rules applicable to such services, which may, from time to time, be posted at this website. All such rules, guidelines or policies are hereby incorporated herein by reference into this Agreement. The Site Owner also offers other services that are governed by different Terms & Conditions, including, but not limited to our online advertising services.
- By accessing and using the services at this website you accept and agree to be bound by the terms and conditions of the TOS.
- Significant portions of this website are protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of this website are only for your personal, non-commercial use (except were explicitly noted such as in our various advertising and Member Publishing programs). All materials contained on this website are protected by copyright, and are owned or controlled by the site owner or the party credited as the provider of the content unless otherwise noted. You hereby agree to abide by any and all additional copyright notices, information, or restrictions contained in any content on this website. Where clearly indicated you may download and make one (1) copy of content and other downloadable items displayed on this website for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than noncommercial and personal use is expressly prohibited without the prior written permission from the Site owner or the copyright holder identified in the individual contents copyright notice.
- The Site owner may change, suspend or discontinue any aspect of this website at any time, including the availability of any website feature, database, or content. The Site owner may also, at its sole discretion, impose limits on certain features and services or restrict your access to parts or all of this website without notice or liability
- You represent, warrant and covenant that:
- a) you shall not upload, post or transmit to or distribute or otherwise publish through this website any materials which (i) restrict or inhibit any other user from using and enjoying this website, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) propose, engage in or encourage conduct that would comprise a criminal offense, give rise to civil liability or otherwise violate law(s), (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (except where expressly permitted), or (viii) constitute or contain false or misleading indications of origin or statements of fact; and
(b) that you are at least eighteen (18) years old.
- You hereby agree to indemnify, defend and hold the Site owner, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Site owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Site owner.
- This website contains links and pointers to other World Wide Web Internet sites, resources, and sponsors of this website. Links to and from this website to other third party sites, maintained by third parties, do not constitute an endorsement by the Site owner or any of its subsidiaries or affiliates of any third party resources, or their contents.
- The Site owner does not represent or endorse the accuracy or reliability of any advice, opinion, statement, image or other information displayed or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement, image, memorandum, or information shall be at your sole risk. The Site owner reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website.
- In the rare case where you may see content on this website that you feel is inappropriate please let us know by sending an email to firstname.lastname@example.org. Please include in the email a link to the content in question. The Site owner is not and cannot be held responsible in those rare cases where a user may subvert our screening process and post inappropriate materials at this website. However, this website’s users can rest assured we monitor content to the best of our ability to insure this website remains a family friendly web site. Please be advised that the Site owner reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Site owner’s sole and unencumbered discretion are objectionable or in violation of this Agreement.
- THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND USE OF THIS WEBSITE AND ITS SUB-DOMAINS OR SUB DIRECTORIES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE OWNER AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER FOR THE CONTENT ON OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, THE SITE OWNER AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE IMMEDIATELY CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE OWNER AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- The Site owner does not claim ownership of content you submit or provide to this website, however, the license detailed in the next sentence remains in effect for as long as you choose to leave such content on this website and said license will terminate at the time you or the Site owner removes said content from this website. By posting messages, uploading files, inputting data or engaging in any other form of communication (individual or collective) at this website, you hereby grant to the Site owner a non-exclusive, unrestricted, royalty free, worldwide license to use, reproduce, distribute, edit, modify, adapt, copy, license, sub license, display, publicly perform, transmit, and otherwise utilize such communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Site owner for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.
- If you register as a member of this website you agree that the information you provide is accurate, complete, factual and up-to-date. You further agree to promptly update your Registration Information when necessitated by changes in your information. You hereby agree that the Site owner may, at its sole discretion and without prior notice, terminate any website account, including but not limited to any associated email address and access to any and all website features and/or services for reasons, including but not limited to: falsification of Registration Information. When you register we reserve the right to deny the use of certain Usernames and/or Passwords for just cause, including but not limited to: suspicion of identity theft, infringement of copyright, patent or trademark laws, the name is already being used by a member of this website, the name or password is profane, vulgar or otherwise in poor taste or for any reason deemed by the Site owner to go contrary to the goal of creating a family friendly internet environment. Please remember you are responsible for protecting the confidentiality of your private user information and you are solely responsible for any and all activities engaged in under your username and password. Protect these with the utmost care and do not share them with others.
- You acknowledge that transmissions to and from this website are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to the Site owner, no confidential, fiduciary, and contractually implied or other relationship is created between you and the Site owner other than pursuant to this Agreement.
- You acknowledge that support for this website is derived in part from advertising and promotional revenues and that the outcomes of any interactions you may have with such advertisers and/or sponsors is totally out of the control of the Site owner. Therefore you agree that the Site owner, this website and any affiliated sites are not responsible or liable in any way whatsoever for any loss or damage of any kind whatsoever incurred as a result either directly or indirectly of your interaction with one or more website advertisers, sponsors of Contests, Sweepstakes or Games, etc.
- You understand that products and service prices change on a regular basis and, while rare, it is possible a price change could be implemented after the time you place an order and before you finish shopping.
- You agree it is our right to limit quantities sold to any specific customer.
- We reserve the right to correct typos and we trust you understand we are only human and always do our best to avoid any confusion brought on by mistakes made on our part.
- You understand that images used on the site may not depict the product with perfect accuracy and were selected because they were the best available at the time they were uploaded to our server.
- You agree that the Site owner may convey notices to you, including but not limited to notices about changes to the terms of this Agreement, via email or other means such as regular mail, SMS, MMS, text messages, postings on this website or through means not yet created or in current use.
- THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, USA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NORTH CAROLINA.
- This Agreement constitutes the entire agreement between The Site owner and you with respect to your use of this website. Any cause of action you may have with respect to your use of this website must be commenced within thirty (30) days after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.