LAST REVISED: 5/24/18
IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT YOU MUST NEITHER ACCESS NOR USE OUR SITES.
a. General. Our Sites enable you to organically discover products, services and brands (“Merchandise”) that are relevant to your interests. You may also learn about our specials and promotions, sign up for our newsletter and marketing emails, and communicate with us through any Site. You may use any Site as a guest; however, certain features of our Sites require you to create an Account (“defined below”). When you authorize a transaction as a guest or through your Account you warrant that all information used in connection with the Site is accurate and true.
b. Registration. To register you must create a user account by providing a valid email address and creating a unique password (“Account”). You may also log-in and create an account with your Facebook account. You are solely responsible for: (i) maintaining the confidentiality of your user name and password; (ii) ensuring all information used in connection with the Site is accurate and current; and (iii) any activity you conduct through your Account, whether by you or someone else. You must immediately notify us of any unauthorized use of your Account. We reserve the right, in our sole discretion, to terminate or suspend your Account.
You must provide us with your full legal name, an active telephone, a valid credit card and current address to make a transaction through Site. All payments are processed by PayPal (https://paypal.com) and are subject to additional provisions. We will send you a confirmation email confirming that your request has been processed and that payment was received. In the event we ship item(s) to you we will send a confirmation email to you regarding the same.
From time to time we may make sweepstakes, contests, or other promotions available through our Sites (“Promotion”) that require you to register and accept additional provisions to participate. Please review the applicable rules, terms, and disclaimers that govern each Promotion and understand that participation is your unconditional agreement and acceptance thereto.
You are prohibited from violating or attempting to violate the security or integrity of our Sites or otherwise violating or infringing our rights or the rights of others who use our Sites and agree not to do the following:
We reserve the right to immediately terminate your use of our site and/or your account (in our sole discretion) if we determine that your use of the site is improper or in violation of any provision of the agreement.
The design of our Sites and created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Our Content"), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. You agree not to engage in the use, copying, or distributing any of Our Content contained on our Sites.
We care about our community and strive to incorporate Web Content Accessibility Guidelines 2.0 (WCAG) and other measures to assist with making our Site user friendly and accessible to visitors with disabilities. WCAG principals provide for website content to be perceivable, operable, understandable, and robust. Not all WCAG principals are operational and you understand that the application and use of WCAG recommendations will vary based upon the dynamic nature of the content on our Site.
Please contact us by e-mail at email@example.com for assistance Site accessibility and with placing an order.
Our sites are provided to you as is. We expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty, representation or condition that: (1) any site will meet your requirements; (2) your use of any site will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of any site will be accurate or reliable; or (4) any errors in our sites will be corrected.
Your use of our sites is entirely at your sole risk. Neither we nor our owners, affiliates, directors, officers, employees, licensors, and/or agents shall be liable for any direct, indirect, incidental, consequential, special, exemplary or punitive damages or losses (including without limitation loss of profits, goodwill, use, data or other intangible losses), whether based in contract, tort, strict liability, or otherwise, which you may incur in connection with the use of, or inability to use any site, even if we have been advised of the possibility of such damages or loss.
You agree to defend and indemnify us and our affiliates, employees, officers, directors, shareholders and agents from and against any third party claim, including reasonable attorneys’ fees, court costs, settlements, and disbursements, from or relation to (i) Your Content; (ii) your use of any Site; (iii) your violation of any term of this Agreement; (iii) your violation of any third party rights; (iv) your violation of applicable law; and/or (v) use of any services provided by third party service providers. You may not settle or compromise any claim without our prior written consent.
You may terminate your participation at any time by discontinuing use of our Site. If you have a dispute with us relating to the Site, immediately cease all use of our Site. Ceasing use of the Site is your only remedy with respect to any dispute that you may have with us. The following Sections shall survive termination of the Agreement or your use of our Site: 5(b); 6; 8; 9; 10; 11; and 16.
PLEASE NOTE THAT THIS AGREEMENT IS SUBJECT TO CHANGE AT ANY TIME. When changes are made, we will make a new copy of the Agreement available on the Site. We will also update the "Last Revised" date at the top of the Agreement. If we make any material changes, and you have an Account, we may also send an e-mail to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement will be effective immediately and your continued use of the Site constitutes your acceptance of such change(s). YOU AGREE TO REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT.
By providing your email address to us or creating an Account you consent to receiving emails from us and from our third-party providers and affiliates. These parties may send you emails in order to deliver information about products and services and to help with fulfilling your order. You may unsubscribe from these emails at any time by clicking on the “unsubscribe” link included in any email or by contacting us via email at firstname.lastname@example.org with the word “UNSUBSCRIBE” in the subject line.
You are thus giving up your right to go to court to assert or defend your rights. Your rights will be determined by a neutral arbitrator and not a judge or jury. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than rules applicable in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by a court.
Any claims brought by you or us must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, no arbitrator may not consolidate more than one person’s claims, or otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force. Headings in this Agreement are for reference purposes only and will not be used in its construction and/or interpretation.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or applicable law will not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
If you have any questions or concerns, please contact us at:
Telephone: (375) 297813127