Welcome
to our
website (the "Site").
Please review the following basic terms that govern your use of and
purchase of products from our Site. Please note that your use of our
Site constitutes your agreement to follow and be bound by these terms
(the "Agreement").If
you do not agree to all of these terms, please do not use the Site.
We
may from time to time change the terms that govern your use of our
Site. Your use of our Site following any such change constitutes your
agreement to follow and be bound by the terms as changed. We may
change, move or delete portions of, or may add to, our Site from time
to time.
We may, at our own discretion, limit or cancel
quantities purchased per person, per household or per order. We may
also reserve the right to refuse any order you place with us. These
restrictions may include orders placed by or under the same customer
account, the same credit card, and/or orders that use the same
billing and/or shipping address. In the event we make a change to an
order, we will attempt to notify you by contacting the e-mail and/or
billing address/phone number provided at the time the order was made.
We reserve the right to limit or prohibit sales to dealers, resellers
or distributors.
Unless
otherwise noted, all materials, including images, illustrations,
designs, icons, photographs, video clips, and written and other
materials that appear as part of this Site (collectively, the
"Contents") are owned or licensed by the
site.
The Contents and the Site as a whole are protected by international
laws, including, but not limited to copyright, trademark, trade dress
and/or other intellectual property laws. No right, title or interest
in any of the Contents is transferred to you as a result of your use
of the Site. The
site
reserves all rights not expressly granted in and to the Site and the
Contents.
The Contents of our Site, and the Site as a whole,
are intended solely for personal, noncommercial (other than for the
purchase of merchandise from our Site) use by the users of our Site.
You may not use the Site or its Contents for any resale or commercial
purpose. Any use of robots or similar data mining, gathering or
extraction tools is prohibited, as is any collection of product
listings, descriptions, or prices. You may not reproduce, publish,
transmit, distribute, display, modify, create derivative works from,
sell or participate in any sale of, or exploit in any way, in whole
or in part, any of the Contents, the Site, or any related software.
Any unauthorized use terminates the permission or license granted by
the
site.
All
comments, feedback, postcards, suggestions, ideas, and other
submissions disclosed, submitted or offered to the
site
on or by this Site or otherwise disclosed, submitted or offered in
connection with your use of this Site (collectively, "Comments")
shall be and remain the
site’s
property. Such disclosure, submission or offer of any Comments shall
constitute an assignment to the
site
of all worldwide right, title and interest in and to such Comments,
including, but not limited to, all copyrights, privacy and other
intellectual property rights. Thus, the
site
will own exclusively all such Comments and shall not be limited in
any way in its use, commercial or otherwise, of any Comments. the
site
is and shall be under no obligation (1) to maintain any Comments in
confidence; (2) to pay to user any compensation for any Comments; or
(3) to respond to any user Comments.
You agree that no
Comments submitted by you to the Site will violate any right of any
third party, including, but not limited to, copyrights, privacy and
other intellectual property rights. You further agree that no
Comments submitted by you to the Site will be or contain libelous or
otherwise unlawful, abusive or obscene material. You are and shall
remain solely responsible for the content of any Comments you
make.
You agree that the
site
may use and/or disclose information about your demographics and use
of the Site in any manner that does not reveal your identity. By
participating in Site contests, promotions, and/or requesting
promotional information or product updates, you agree that the
site
may use your information for marketing and promotional purposes.
The
site
may send electronic mail to you for the purpose of advising you of
changes or additions to this Site, about any of the
site’s
products or services, or for such other purpose(s) as the
site
deems appropriate. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing.
Most
our
site
products displayed at the Site are available in select the
site
retailers.
In some cases, merchandise displayed for sale at the Site may not be
available in the
site
stores.
We
have made every effort to display as accurately as possible the
colors of our products that appear at the Site. However, as the
actual colors you see will depend on your monitor, we cannot
guarantee that your monitor's display of any color will be accurate.
To
the extent that this Site contains links to outside services and
resources, the availability and content of which the
site
does not control, any concerns regarding any such service or
resource, or any link thereto, should be directed to the particular
outside service or resource. Accordingly, we encourage you to be
aware when you leave our Site and to read the terms and conditions
and privacy policy of each other website that you visit.
These
Terms of Use apply to all our websites, including microsites and
mobile sites, all products and services offered to you when you visit
our websites, and all other online service features, databases,
plug-ins, applications, content, downloads, applications, platforms,
and tools where these Terms of Use appear or are linked
(collectively, the "Service"),
regardless of how you access or use it, whether via computer, mobile
device or otherwise. You are prohibited from the following uses (the
"Prohibited
Uses"):
• Violating or attempting to violate the security of the Service;
• Altering or attempting to alter, destroy or upload any content on the Service;
• Using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service;
• Using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by the site or other third party commercially available web browsers) to navigate or search the Service;
• Impersonating any other person while using the Service;
• Using the Service to violate any local, state, federal or international laws;
• Using the Service to violate any third-party right, including any intellectual property or privacy right;
• Using the Service to stalk, harass or harm another individual;
• Using the Service to collect or store personal data about other users without their consent;
• Using the Service in a manner that suggests an unauthorized association with any of our licensors' products, services, or brands;
• Modifying, making derivative works of, disassembling, reverse compiling or reverse engineering any part of the Service or accessing the Service in order to build a similar or competitive site or service;
• Introducing software or automated agents or scripts to the Service so as to produce multiple accounts or to strip, scrape, or mine data from the Service;
• Sending unsolicited or unauthorized email, including promotions and/or advertising without the site’s express prior written approval;
• Using any high volume, automated, or electronic means, including, without limitation, robots, spiders, scripts or other automatic device, to access the Service or monitor or copy Service pages or the content contained thereon (other than the normal activities of commercially available search engines); or
• Framing Service pages, placing pop-up windows over its pages, or otherwise affecting the display of its pages without the site’s express prior written consent.
THIS
SITE, AND ALL CONTENTS, PRODUCTS AND SERVICES INCLUDED ON OR
OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN
‘AS IS’ AND ‘AS AVAILABLE’ BASIS. THE
SITE
AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE CONTENTS
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH
THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. THE
SITE
DOES NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR
ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR
OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE, BY YOUR USE OF THE SITE,
THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK, AND THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY
SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR
USE OF THIS SITE.
TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, THE
SITE
AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, THE
SITE
AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES, INJURY, CLAIM OR
LIABILITY ARISING FROM OR RELATED TO YOUR USE OF, OR INABILITY TO
USE, THIS SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS
(INCLUDING SOFTWARE) OR SERVICES INCLUDED ON, OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH, THIS SITE, INCLUDING, BUT NOT LIMITED TO,
DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGES, INDIRECT,
INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. TO THE FULLEST EXTENT
PERMISSIBLE BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD THE
SITE,
ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, HARMLESS
FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS,
LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES,
ARISING FROM OR RELATED TO THE PROHIBITED USES OF THIS SITE BY YOU,
AND ANY OTHER BREACH OF THESE TERMS OF USE BY YOU. THE FOREGOING
"DISCLAIMER,
LIMITATION OF LIABILITY AND INDEMNITY"
PROVISION MAY NOT APPLY TO CONSUMERS WITHIN THE STATE OF NEW JERSEY
OR IN OTHER JURISDICTIONS WHERE PROHIBITED BY LAW.
NOTHING IN
THIS SECTION IS INTENDED TO LIMIT REMEDIES FOR PRODUCT-RELATED INJURY
OR RELATED INJURY ARISING FROM ANY EXPRESS PRODUCT WARRANTIES.
THE
SITE
IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY MATERIALS
ON THE SITE, OR WITH ANY OF THE
SITE’S
TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE SITE.
From time to time there may be information on the site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your site purchase you may return it.
In order to access some features of the Site, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the site immediately of any breach of security or unauthorized use of your account. Although the site will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the site or others due to such unauthorized use.
Our
Customer Service Specialists are ready to assist you and address your
concerns.
In
the event that our customer service team is unable to resolve your
concern, by using this Site you unconditionally agree that all claims
relating to your access or use of our Site, including all disputes
arising out of, or related to, any products or services purchased
from the
site
through this Site, will be resolved solely through binding individual
arbitration, rather than in court. You may also assert individual
claims in small claims court if your claims otherwise qualify. You
and the
site
both further agree that we may each bring suit in court to enjoin
infringement or other misuse of intellectual property rights.
The
Federal Arbitration Act and federal arbitration law apply to this
agreement.
CLASS ACTION AND JURY TRIAL WAIVERS. You and our
site
agree to bring any dispute in arbitration on an individual basis
only, and not on a class, consolidated, aggregated, representative or
collective action basis. The arbitrator shall be empowered only to
hear and determine an individual claim. If for any reason a claim
proceeds in court rather than in arbitration, you and the
site
each waives any right to a jury trial or to bring a class,
consolidated, aggregated, representative or collective action against
the other.
ARBITRATIONS AND COURT ACTIONS DIFFER. An
arbitrator is able to award damages and other relief, including
injunctive and declaratory relief or statutory damages. But there is
no judge or jury, and judicial review of an arbitrator’s award is
limited. Discovery in arbitration is also limited in accord with AAA
rules. In addition, as set forth above, you are waiving any ability
for an arbitrator to oversee or determine class, consolidated,
aggregated, representative or collective actions.
IMPORTANT:
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A
COURT ACTION, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO PARTICIPATE
IN ANY FORM OF CLASS, CONSOLIDATED, AGGREGATED, REPRESENTATIVE OR
COLLECTIVE ACTION. OTHER RIGHTS AND REMEDIES THAT YOU OR THE
SITE
WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Please review our other policies posted on this Site. These policies also govern your use of the site services and products. We reserve the right to make changes to our site, policies and these Terms of Use at any time and may provide notice of such changes in our discretion or as required by law. If any of these conditions shall be deemed invalid, void or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Unless otherwise specified and except to the extent the site products are offered for sale through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting the site’s products and services available. This Site is controlled and operated by the site from its offices.
This Agreement is effective unless and until terminated by either you or the site. You may terminate this Agreement at any time. The site also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in the site's sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or the site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
