1. PRODUCTS, CONTENT AND SPECIFICATIONS
All features, content, specifications, products and prices of products and services described or depicted on this Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local laws (including minimum age requirements) regarding the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2. ACCURACY OF INFORMATION
Our site attempts to ensure that information on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Site. For example, products included on the Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm receipt of orders by email, such email confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
3. USE OF THIS SITE
The Site design and all text, graphics, information, content, and other material displayed on or that can be downloaded from this Site are either the property of our site, and are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms of Use or with the prior written permission of the owner of such material. You may not modify the information or materials located on this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. Any unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Additionally, you agree that, except as otherwise authorized, you will not:
Engage in any activity that interferes with a user's access to the Site or the proper operation of the Site, or otherwise causes harm to the Site, us, or other users of the Site.
Interfere with or circumvent any security feature (including any digital rights management mechanism, device, or other content protection or access control measure) or any other feature that restricts or enforces limitations on use of or access to the Site or the Site's content.
Harvest or otherwise collect or store any information (including personally identifiable information about other users of the Site, without the express consent of such users).
Use the Site to transmit information that is in any way false, fraudulent, or misleading.
Insert any code or product to manipulate the Site's content in any way that adversely affects the Site.
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Site, so long as: (a) the links only incorporate text, and do not use any Trademarks; (b) the links and the content on your website do not suggest any affiliation with us or cause any other confusion; and (c) the links and the content on your website do not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to us. We reserve the right to suspend or prohibit linking to the Site for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
We in our sole discretion and without advance notice, may immediately suspend or terminate the availability of the Site and/or its content (and any elements or features of the same), in whole or in part, for any reason and without liability.
In using the Site, you must respect the intellectual property and other rights of ours and others. Your unauthorized use of the Site's content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
4. TRADEMARKS
Certain trademarks, trade names, service marks and logos used or displayed on this Site are registered and unregistered trademarks, trade names and service marks of this Site. Other trademarks, trade names and service marks used or displayed on this Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this 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 this Site without the written permission of this Site or such third party owner.
5. OTHER ONLINE SERVICE LINKS
From time to time, this Site may contain links to sites or online services that are not owned, operated or controlled by this Site. All such links are provided solely as a convenience to you. This may include online tools controlled by other parties such as tools that allow you to submit and post product reviews. This Site is not responsible for any content, materials or other information located on or accessible from any other site or online service. This Site does not endorse, guarantee, or make any representations or warranties regarding any other site or online service, or any content, materials or other information located or accessible from such sites, or the results that you may obtain from using such sites. By using the Site, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of other online services. You hereby agree to indemnify us against all claims, injury, and/or damages arising out of your use of any other online service we do not control.
6. USER-GENERATED CONTENT
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post in relation to this Site in any manner is and will be considered non-confidential and non-proprietary. Subject to applicable Additional Terms, you hereby grant this Site, and/or its designees, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right to use any or all User-Generated Content for any purpose whatsoever, including, without limitation, reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes, all without any obligation to you except as required by applicable law. You further authorize this Site, and/or its designees, to publish your User-Generated Content in a searchable format that may be accessed by any Internet user.
As permitted by applicable law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User-Generated Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. In addition, we and our successors, assigns and licensees retain all of the rights held by members of the general public with regard to your User-Generated Content. Our receipt of your User-Generated Content is not an admission of their novelty, priority, or originality, and it does not impair our right to contest existing or future intellectual property rights relating to your User-Generated Content.
Each time you submit any User-Generated Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside and that: (a) you are the sole author and owner of the intellectual property and other rights to the User-Generated Content, or you have a lawful right to submit the User-Generated Content, (b) the User-Generated Content is accurate; (c) the User-Generated Content does not and will not infringe any intellectual property or other right of any third-party; and (d) the User-Generated Content will not violate these Terms or any applicable Additional Terms, or cause injury or harm to any person.
7. SITE ACCOUNT
When you register for an account on the Site, and each time you log in to the Site thereafter, you agree:
You will provide and keep accurate, current, and complete information about yourself;
You will not use a username (or email address) that is: already being used by someone else, may impersonate another person, belongs to another person, violates the intellectual property or other right of any person or entity, or is offensive;
You are solely responsible for all activities associated with your account or carried out by a user of your account, whether or not you authorized the activity;
You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer;
You will immediately notify us if your credentials are compromised or of any unauthorized use of your account, but accept that we are not responsible for thereafter stopping or preventing unauthorized use;
You will not sell, transfer, or assign your account or any account privileges; and
You will abide by the use restrictions set out in these Terms;
We will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.
If you register for an account you represent you are the age of majority in your jurisdiction. We do not review accounts for authenticity, and are not responsible for any unauthorized accounts that may appear on the Site. For any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate, without notice.
8. SITE PURCHASES
Your purchase of any products on the Site is subject to Additional Terms. All items purchased from our site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
9. ELECTRONIC CONTRACTING
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. You agree that any time you electronically transact, agree, or consent via the Site it is intended to be an electronic signature which binds you as if you had signed on paper. You agree that your use of the Site constitutes agreement to these Terms, and any applicable Additional Terms, then posted without further action by you.
10. SWEEPSTAKES, CONTESTS, AND PROMOTIONS
Any sweepstakes, contests, or other promotions (any, a "Promotion") that may be offered via the Site may be governed by Additional Terms that may have rules such as eligibility requirements, including certain age or geographic area restrictions, terms and conditions governing the Promotion, use of User-Generated Content, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to confirm that you are eligible to participate, register, and/or enter, the Promotion. By participating in a Promotion, you will be subject to the applicable Additional Terms and you agree to comply with and abide by rules and the decisions of the identified sponsor(s).
11. BUSINESS TRANSACTIONS
We reserve the right to transfer any information we obtain through the Site in the event of a joint venture, partnership, merger, or other collaboration with another organization, or in the event we sell or transfer all or a portion of our business or assets (e.g., further to a reorganization, liquidation, or any other business transaction, including negotiations of such transactions).