Tearm of Use
1. Introduction and Overview
2. Use of Our Service
The Service contains, among other things: (i) materials and other items relating to the Company and its products and services, and similar items from our licensors and other third parties, including layout, information, product descriptions, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of the Company; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of the Company or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
B. Limited License
Subject to your strict compliance with these Terms and any applicable Additional Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-assignable, and non-transferable license to download, display, view, and use the Content on a personal internet-enabled devices and/or print copy of the Content as it is displayed to you, in each case for your own personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be suspended or terminated for any reason, in the Company’s sole discretion, and without advance notice or liability. Your unauthorized use of the Content, including but not limited to the reproduction, modification, alteration, display, distribution, publishing, licensing, or transmission of the Content, or the creation of derivative works of any kind from the Content, may violate copyright, trademark, privacy, publicity, communications, and other laws, and is strictly prohibited unless expressly authorized by the Company. Any such use may result in your personal liability, including potential criminal liability.
C. Accounts and Guest Checkout
D. Minors; Restrictions and Rules of Conduct
If you are a minor between the age of 13 years and 18 years, you are permitted to use the Service or access the Content only with the permission of your parent or legal guardian. When you use the Service or access Content, your parent or legal guardian agrees to these Terms on your behalf. No one under the age of 13 is permitted to use or access the Service or Content.
E. Availability; Suspension or Termination of Access
Unless otherwise prohibited by applicable law, the Company may, in its sole discretion, and at any time, suspend or terminate the availability of the Service and/or Content (and any products or services sold through the Service), in whole or in part, to any individual user or all users, for any reason, in the Company’s sole discretion, and without advance notice or liability. Upon suspension or termination of your access to the Service, or upon notice from the Company, all rights granted to you under these Terms or any applicable Additional Terms will cease immediately. You agree that you do not have any rights in the Service or Content and that the Company will have no liability to you if the Service and/or Content is discontinued, or if your ability to access the Service or Content is terminated.
F. Reservation of Rights
All rights not expressly granted to you are reserved by the Company and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of the Content or Service for any purpose is prohibited.
Certain products or services may be available for purchase through the Service. By making a purchase through the Service, you represent that you are at least the age of majority in your state of residence. You are solely responsible for any taxes applicable to your transaction. Products purchased through the Service may only be used for individual, personal use. IT IS PROHIBITED TO RESELL OR REDISTRIBUTE ANY PRODUCE OR SERVICE. YOU ARE STRICTLY PROHIBITED FROM USING ANY PRODUCT OR SERVICE FOR ANY ILLEGAL OR UNAUTHORIZED PURPOSES. We reserve the right to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Service is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products or services will be corrected.We do our best to describe every product or service offered on our Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is accurate, complete, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, the Company shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancellation, we will issue a credit to your account in the amount of the charge. If a product or service you purchased from the Company is not as described, your sole remedy is to cancel the purchase and receive a credit for the purchase price.All physical products you purchase from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you as soon as we provide the product to the carrier or shipping company. You are responsible for providing an accurate and current delivery address each time you place an order. We are not responsible or liable for lost packages if the item is delivered to the address you indicated in your purchase, and we are not responsible or liable for stolen packages. We may or may not replace lost or stolen packages at our sole discretion.Products shipped to destinations outside the United States will be imported on your behalf. You authorize us to import the products on your behalf. Further, you agree that we may delegate the obligation to import the products on your behalf to a subcontractor (e.g., customs broker). You will pay the taxes & duties in addition to the purchase price of the products.
4. User Submissions
5. Customer Support
6. Third Party Services
In an attempt to provide increased value to our visitors, our Site may contain links to sites and services operated by third parties (“Third Party Services”). We may also integrate third party technologies into our Service and host our content on Third Party Services. However, even if these Third Party Services are affiliated with us, we have no control over these Third Party Services, all of which have separate privacy and data collection practices, independent of us. These Third Party Services are only for your convenience and therefore you access, transact with, or otherwise interact with them at your own risk. Nonetheless, we seek to protect the integrity of the Site and the links placed upon it and therefore requests any feedback on not only our Site, but for the Third Party Services as well (including if a specific link does not work). You acknowledge and agree that we are not responsible or liable for the information, content, products, technologies, or services on or available from such Third Party Services, or for the results to be obtained from using them.
7. Disclaimer of Representations and Warranties
THE SERVICE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. NEITHER THE COMPANY NOR ANY OF ITS OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES OR AGENTS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE ANY REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER AS TO THE CONTENT OR OTHER SERVICES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND FREEDOM FROM COMPUTER VIRUS. BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM THE COMPANY’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
8. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY PARTIES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, OR DAMAGES FOR SYSTEM FAILURE OR MALFUNCTION OR LOSS OF PROFITS, DATA, USE, BUSINESS OR GOOD-WILL, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICE, (B) THESE TERMS OR (C) YOUR MISUSE OF THE SERVICE OR ANY CONTENT AVAILABLE ON OR THROUGH THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, OR DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM THE COMPANY’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Company Parties from and against any and all claims, liabilities, damages, losses, costs and expenses (including, reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your Submissions; (iii) your misuse of the Service; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party, including any intellectual property right, publicity, confidentiality, property or privacy right; (vi) your use of a Third Party Service; or (vii) any misrepresentation made by you. The Company reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with the Company’s defense of any claim. You will not in any event settle any claim without the prior written consent of the Company.This provision does not require you to indemnify us for any unconscionable commercial practice by us or for our fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Service.
10. Waiver of Injunctive or other Equitable Relief
To the maximum extent permitted by law, you agree that you will not be permitted to obtain an injunction or other equitable relief of any kind, such as any court or other action that may interfere with or prevent the development or exploitation of any website, application, content, submissions, product, service, or intellectual property owner, licensed, used or controlled by the Company or a licensor of the Company.
11. Agreement to Arbitrate Disputes
12. Updates to Terms
We reserve the right, at any time in our sole discretion, to modify or replace any part of these Terms and any applicable Additional Terms, without prior notice. You agree that we may notify you of any updated Terms and any applicable Additional Terms by posting them on the Service so that they are accessible via a link from the home page, and/or to send you an e-mail to the last e-mail address you provided to us. All such changes are effective immediately when we post them, or such later date as may be specified in the notice of updated Terms and any applicable Additional Terms. Your use of the Service after we post any changes to these Terms constitutes your agreement to those changes from the date of such changes. If you object to any such changes, your sole recourse is to cease using the Service.
13. General Provisions
The provisions of these Terms and any applicable Additional Terms, which by their nature should survive termination of your use of the Service, including sections on Service Use (except for the limited license), Products, Submissions, Customer Support, Third Party Services, Disclaimer of Representations and Warranties, Limitations of Liability, Indemnification, Waiver of Injunctive or Other Equitable Relief, Agreement to Arbitrate Disputes, Updates to Terms, and General Provisions, will survive.
B. Severability; Interpretation; Assignment
If any provision of these Terms, or any applicable Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the Additional Terms. The Company may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of the Company.
C. Complete Agreement; No Waiver
These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service. Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or the Company in exercising any of rights, powers, or remedies under will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
D. International Issues
The Company controls and operates the Service from the United States, and the Company makes no representation that the Service is appropriate or available for use beyond the U.S.
E. Investigations; Cooperation with Law Enforcement
The Company reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. The Company may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
If you have any questions or comments about these Terms, you can email us at firstname.lastname@example.org. All legal notices to us must be mailed to: 5805 White Oak Avenue. #16921, Encino, CA 91416. 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.
Effective Date: november 17, 2022