The information provided on the Site is not intended for distribution to person or entity in any jurisdiction or country where such distribution or use would becontrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.Option 1: The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.Option 2: [The Site is intended for users who are at least 13 years of age.] All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree tothese Terms of Use prior to you using the Site.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of theSite and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
By using the Site , you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, wehave the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do nonguaranteed that the colors, features, specifications, and details of the products will beaccurte, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability and we cannot guarantee that items will be in Stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
We accept the following forms of payment: _______________________. You agree toProvide current, complete, and accurate purchase and account information for all Purchases made via the Site. You further agree to promptly update account and Payment information, including email address, payment method, and payment card Expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We mayChange prices at any time. All payments shall be in Inyo agree to pay all charges at the prices then in effect for your purchases and any Applicable shipping fees, and you authorize us to charge your chosen payment provider For any such amounts upon placing your order.[If your order is subject to recurring charges, then you consent to our charging your Payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.] We reserve theright to correct any errors or mistakes in pricing, even if we have already requested or received payment. We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to beplaced by dealers, resellers, or distributors.
[All sales are final and no refund will be issued./Please review our Return Policy posted on the Site prior to making any purchases].
You may not access or use the Site for any purpose other than that for which we makethe Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree not to:
We may provide you areas on the Site to leave reviews or ratings. When posting are view, you must comply with the following criteria:
Use License If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;(5) use the application for any revenue generating endeavor, commercial enterprise, orother purpose for which it is not designed or intended;(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; (9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application. Apple and Android Devices The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site: (1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, In accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;(4) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to use of non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content,accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we taken responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on theSite and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights.[As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues.] We simply provide the space to place such advertisements, and we have no other relationship with advertisers
We reserve the right, but not the obligation, to:(1) monitor the Site for violations of these Terms of Use;(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;(4) in our sole discretion and without limitation, notice, or liability, to remove from theSite or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems;(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.]
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE ORLIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKINGCERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NOREASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMSOF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATEYOUR USE OR PARTICIPATION IN THE SITE OR DELETE [YOUR ACCOUNT AND]ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to theSite, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligates to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of [name of state] applicable to agreements made and to be entirely performed within the State/Commonwealth of [name of state], without regard to its conflict of law principles.
Option 1: Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in [name of county] County, [name of state], and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding brought by either Party related in any way to the Site be commenced more than ______ years after the cause of action arose.Option 2: Informal Negotiations To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least ______ days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. Binding Arbitration If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute(except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USETHEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THECONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NOLIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, ORINACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY ORPROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOURACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO ORUSE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONALINFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANYINTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5)ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BETRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6)ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANYLOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANYCONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THESITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUMERESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFEREDBY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANYWEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHERADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANYTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.LIMITATIONS OF LIABILITYIN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVEBEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. [NOTWITHSTANDINGANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOUFOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THEACTION, WILL AT ALL TIMES BE LIMITED TO [THE LESSER OF] [THE AMOUNTPAID, IF ANY, BY YOU TO US DURING THE [_________] MONTH PERIOD PRIORTO ANY CAUSE OF ACTION ARISING [OR] [$_________]. CERTAIN STATE LAWSDO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSIONOR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOMEOR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TOYOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.]
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys 'fees and expenses, made by any third party due to or arising out of: (1) [your Contributions]; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6)any overt harmful act toward any other user of the Site with whom you connected virtue Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree thatall agreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.You hereby waive any rights or requirements under any statutes, regulations, rules,ordinances, or other laws in any jurisdiction which require an original signature ordelivery or retention of non-electronic records, or to payments or the granting of creditsby any means other than electronic means.
These Terms of Use and any policies or operating rules posted by us on the Site or inrespect to the Site constitute the entire agreement and understanding between you andus. Our failure to exercise or enforce any right or provision of these Terms of Use shallnot operate as a waiver of such right or provision.These Terms of Use operate to the fullest extent permissible by law. We may assignany or all of our rights and obligations to others at any time. We shall not be responsibleor liable for any loss, damage, delay, or failure to act caused by any cause beyond ourreasonable control.If any provision or part of a provision of these Terms of Use is determined to beunlawful, void, or unenforceable, that provision or part of the provision is deemedseverable from these Terms of Use and does not affect the validity and enforceability ofany remaining provisions. There is no joint venture, partnership, employment or agencyrelationship created between you and us as a result of these Terms of Use or use of theSite.You agree that these Terms of Use will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the parties hereto toexecute these Terms of Use.
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