THE WEBSITE; THE GOODS AND SERVICES
COPYRIGHTS AND TRADEMARKS
The information and materials made available on or through the Website are and shall remain our property and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly authorized in advance by us, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based on all or any part of the Website or any materials made available on or through the Website. All trademarks and service marks on the Website not owned by us are the property of their respective owners. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent. All other copyrights, trademarks and/or other intellectual properties not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us and any use by you of such other copyrights, trademarks and/or other intellectual properties is at your own risk and you hereby indemnify us from any claims resulting therefrom.
We hereby grant you a revocable, limited license to access and make personal use of the Website. You may not download or modify the Website, or any portion thereof. This license does not include: any resale or commercial use of the Website or its contents including, without limitation, the goods and/or services sold and/or provided thereon; any collection and use of any listings, descriptions, or prices of goods and/or services; any derivative use of the Website or its contents including, without limitation, the goods and/or services sold and/or provided on or through the Website; or any use of data mining, robots, or similar data gathering and extraction tools. Neither the Website nor any portion thereof may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any of our copyrights, trademarks, and/or any other intellectual properties or proprietary information (including, without limitation, images, text, page layout, or form) without our prior express written consent. You may not use any meta tags, metadata or any other “hidden text” using our name or any version thereof or any of our copyrights, trademarks or other intellectual properties without our prior express written consent. Any unauthorized use automatically terminates the license granted to you herein.
REGISTRATION: USER NAMES AND PASSWORDS
You may be required to register with us in order to purchase goods and/or services and in connection therewith, you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or user name including, without limitation, all purchase transactions. You shall immediately notify us of any unauthorized use of your password or user name or any other breach of security related to your account. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. The Website is not directed to individuals under the age of thirteen (13), and we request that such individuals do not register with the Website or provide personal information.
GOODS AND SERVICES DESCRIPTIONS; WEBSITE INTEGRITY
We intend for the Website and the materials made available on or through the Website to be as accurate as possible and we intend to maintain the integrity and security of the Website. However, you hereby acknowledge and agree that we do not warrant or represent that the Website or any materials made available on or through the Website to be accurate, complete, reliable or error-free and you hereby further acknowledge and agree that we do not guarantee that the Website will be or remain secure or uninterrupted and that the Website may include inaccuracies or errors and we shall not be liable to you as a result of any inaccuracies or errors contained on the Website or in any such materials.
The Website may provide links to other websites and online resources. Because we have no control over such websites or resources, you hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, and we do not endorse nor are we responsible or liable for any content, advertising, products or other materials on or available through such websites or resources. Other websites may provide links to the Website with or without our authorization. You hereby acknowledge and agree that we do not endorse such websites, and are not and shall not be responsible or liable for any links from those websites to the Website, any content, advertising, products or other materials available on or through such other websites, or any loss or damages incurred in connection therewith. We shall have the right, at any time and in its sole discretion, to block links to or from the Website through technological or other means without prior notice. You hereby agree that your use of third party websites and/or resources, including without limitation, your use of any content, information, data, advertising, products, or other materials on or available through such websites and/or resources, is at your own risk and is subject to the terms and conditions of use applicable to such websites and/or resources.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, GOODS AND SERVICES CONTAINED ON OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, GOODS OR SERVICES CONTAINED ON OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE INCLUDING, WITHOUT LIMITATION INFORMATION, CONTENT, MATERIALS, GOODS OR SERVICES CONTAINED ON OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE, ITS SERVERS OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR OUR SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS OR MEMBERS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, GOODS OR SERVICES CONTAINED ON OR OTHERWISE MADE AVAILABLE TO YOU ON OR THROUGH THE WEBSITE INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES WITH RESPECT TO, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL OR INJURY TO REPUTATION OR LOSSES SUFFERED BY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION. CERTAIN STATE OR OTHER JURISDICTIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You shall indemnify, defend and hold us and its sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members harmless from and against any liability, loss, claim and/or expense (including reasonable attorney’s fees), arising from your use of the Website including, without limitation, your purchase and/or use of goods and/or services made available on or through the Website, or your violation of the Terms.
We may, in our sole discretion, terminate your access to or use of the Website, at any time and for any reason, including if you have violated the Terms or acted inconsistently with the letter or spirit of the Terms. Upon such termination, you shall not be permitted to use the Website and, for the avoidance of doubt, you shall not have the right to sue or otherwise bring claims against is or our sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members in respect of such termination. You agree that termination of your access to or use of the Website may be effected without prior notice to you, and that we may immediately deactivate or delete your password and user name, and all related information associated with them, and/or bar any further access to such information. You agree that neither we nor our sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers or members shall be liable to you or any third party for termination of your access to the Website or to such information, nor be required to make such information available to you after such termination. You understand and agree that any unauthorized use of the Website including, without limitation, the goods and/or services made available on or through the Website would result in irreparable injury to us and/or our sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members for which money damages would be inadequate, and in such event we and/or our sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this section or elsewhere herein shall be construed to limit remedies or relief available pursuant to statutory or other claims that we and/or our sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members may have under separate legal authority including, without limitation, any claim for intellectual property infringement.
Nothing contained herein shall be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision hereof is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable herefrom and will not affect the validity and enforceability of any remaining provision. No waiver by us of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
The Website is hosted by us in the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not warrant or represent that the Website or the goods or services or any part thereof made available on or through the Website are appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Website and/or who purchase any goods or services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.