By accessing or placing an order on the Site, you accept, without limitation or qualification, these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
Products on the Site are offered for sale only to consumer customers who are at least eighteen (18) years of age or the applicable state age of majority.We do not knowingly accept orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, and reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
Prior to the purchase of any Products on our Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. We may require additional credit verification or information before accepting any order.
You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes.
Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We further reserve the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any Product. If an order consists of multiple items, they may be shipped separately depending on availability. Your order will be deemed accepted upon shipment of the Product.
Products may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge). Returns shall be on a case by case basis in which the buyer assumes all cost of returning the product.
The risk of loss and title for all Products purchased via the Site pass to you upon delivery of the Product to the carrier. We will not be liable for any delay in the performance of orders received or in the delivery or shipment of merchandise, or for any damages suffered by you by reason of such delay.
We warrant only that we have good title to the Products sold to you. THE WARRANTY CONTAINED HEREIN IS EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, WRITTEN, ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE FOR LOSS, DAMAGE OR INJURY OF ANY NATURE, IN CONNECTION WITH OR RESULTING FROM USE OF THE PRODUCTS. Under no circumstances shall we be liable for consequential, special, incidental, indirect, or other damages, losses or expenses in connection with the provision, sales or use of such Products. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Product shall be the amount you actually paid us for the Product. Please note that some jurisdictions may not allow the exclusion of implied warranties or the limitation of certain damages, so some of the above exclus ions or limitations may not apply to you and you may have additional rights.
You agree to indemnify, defend and hold us and our affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “Indemnified Parties”) harmless from and against any and all claims, liabilities, losses, costs and expenses (including attorneys’ fees) incurred by any Indemnified Party in connection with any breach by you of these Terms and Conditions. We reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
The trademarks, logos and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered trademarks of us and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the written permission of such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions without our written permission.
We have not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk. We have no responsibility or liability whatsoever for goods or services you may obtain from or through other websites or webpages, even if you were directed or linked to such a site or page through the Site.
These Terms and Conditions may not be modified, changed or amended, or any provision waived, unless in writing duly signed by us. Any terms and conditions not contained herein, whether contained on any confirmation order, purchase order, or any other writing you may give, unless agreed to in writing signed by our authorized representative, shall be deemed to be void and of no force and effect. The parties agree that our relationship shall be governed by the laws of the State of Delaware, without regard to choice of law principals or any other applicable provisions.
You consent to receive electronic communications from us, whether addressed to the e-mail address provided with your order or posted on the Site. You acknowledge and agree that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing