Terms of service
Terms of Service
a. Customers and all users bound to terms by visiting site and/or purchasing product
b. Section 1
i. Agreement that customer is age of majority in state of purchase or parent is of age and granted consent to minors
ii. Products cannot be used to violate laws
iii. Breach or violation of terms = termination of services by site
c. Section 2
i. Site can refuse service to anyone for any reason at time
ii. Content, outside of credit card info, can be transferred to multi
networks
iii. Customers cannot reproduce, duplicate, copy, sell, resell or exploit portions of service without actual written permission
d. Section 3
i. Site not at fault for inaccurate information; only general information that
public should not rely on or be used as sole basis of decision or reliance at own risk!
ii. Site has no obligation to update information, customer has monitor changes
e. Section 4
i. Company can change price without notice
ii. Site can modify/discontinue service without notice and will not be liable for modifications, price changes, suspensions, discontinuance of service
f. Section 5
i. Company can limit products/services exclusively online, with quantities being limited and subject to Site return policy
ii. Company does not guarantee customer’s computer will accurately display proper color, but makes every effort represent images accurately
iii. Company reserves right to limit sales to any person, geographic region or jurisdiction based on case-by-case basis
iv. Descriptions or products or pricings can be changed at will by Company and can discontinue products at any time without prior notice
v. No guarantee products will meet expectation, or that errors will be corrected
g. Section 6
i. Company has right to refuse order-limit or cancel quantities purchased by person or household
1. Can affect orders placed using the same billing/shipping information
2. Company MAY choose to notify customer in this event
ii. Company reserves right to limit or prohibit orders that appear to be placed by dealers, resellers or distributors
iii. Customer agrees to provide current and accurate information at the time of purchase
h. Section 7
i. Company MAY provide access to third party tools that it does not have control over
1. Provided “as is” and “as available” and without any endorsement by Company
2. Company bears no liability relating to issues on the use of
optional tools
a. AT CUSTOMER’S OWN RISK
i. Section 8
i. Company bears no responsibility for reviewing content on third party links, and will not assure and have liability for materials on third party sites
ii. Company should direct customers to third party if there are complaints
j. Section 9
i. Can use customers’ feedback and comments in any medium forwarded, and have no obligation to maintain privacy, pay for comments or respond
ii. May monitor and remove content that is unlawful, offensive, threatening, violating trademark, etc.
iii. Customers agree to not use false email addresses, pretend to be someone else, or oherwise mislead Company or third parties as to origin of comments
iv. Company takes no responsibility for comments posted
k. Section 10
i. Submission of PI governed by Privacy policy
l. Section 11
i. Can make change to errors, inaccuracies and omissions at any time without prior notice, even after order
ii. Unless required by law, no obligation to update, amend or clarify information
m. Section 12
i. Users cannot use site or content:
1. For unlawful purpose
2. To solicit other to perform unlawful acts
3. To violate regulations, laws
4. To infringe upon Company intellectual property rights or that of others
5. To harass, abuse, defame, discriminate, etc. based on gender, sexual orientation, race, age, religion, etc.
6. To submit false or misleading information
7. To upload or transmit viruses or other malicious malware used to affect functionality or operation of Company or Site
8. To collect or track PI
9. To spam
10. For any obscene or immoral purpose, or
11. To interfere with security features of the websites
ii. Reserve right to terminate user’s use of service for violations
n. Section 13
i. No guarantee that service will be uninterrupted, timely, secure or error
free
ii. No warrant that product results will be accurate or reliable
iii. Agree that from time to time Company may remove service/product for indefinite periods or cancel service without notice
iv. Customer is at sole risk!
v. Products/services provided are “as is” and “as available” for customer use without any representations, guarantees, reliance of warranties
vi. Company or its employees will not be liable for damages of any kind arising from customer use of any service/product, even if advised of possibility
1. Some states do not allow limitation of liability for certain damages and thus liability will be limited to maximum extent permitted
o. Section 14
i. Company and its subsidiaries are to be harmless from claims or demands made by third parties or customer breach of Terms
p. Section 15
i. If clause in this agreement is unenforceable, it will nonetheless be enforceable to the fullest extent of the applicable law
1. The unenforceable portion will be severed from Terms and will not affects the validity of the remaining sections
q. Sections 16
i. All obligations and liabilities even survive the termination of the Terms Agreement
1. Will be effective until terminated by Company or customer
a. Termination done by notifying Company that customer no longer wants to use services or ceasing use of the Site
2. Failure to comply permits Company to terminate Terms Agreement at any time without notice and customer is liable for all amounts due up to and including termination date
r. Section 17
i. Company failing to exercise or enforce right or provision of Terms does not equal a waiver of right
ii. Terms Agreement is an understanding, and supersedes all prior communication, agreements, etc.
iii. Ambiguities will not be construed against the drafting party
s. Section 18
i. Governing law is law of US usually the state law that Company availed itself to will be used
t. Section 19
i. Company make changes to Terms of service at any time
u. Section 20
i. Contact info