By using this Site you represent that are you at least 18 years of age and have the legal capacity to enter into a binding agreement. Your continued use of the Site through access or viewing is an acknowledgment that you have reviewed, understand, and agreed to these terms. If you do not agree to be bound by these terms, you must not access or use the Site.
USE OF SITE AND TERMINATION OF USE
This Site provides you with website features, products and services, and to shop or purchase merchandise from the Site when you visit. In operating the Site, you may have the option to join the mailing list, upload or post content on forums, blogs, message boards, or other interactive areas on the Site, receive content upgrades or other free information, or to place on-Site purchases. Any improper or unauthorized use of the Site is prohibited.
By using the Site, you agree not to exploit any of the features of the Site, including interactive features, contact forms, file uploaders, or other means of communication, to post any of the following: unlawful information, including anything of an obscene, defamatory, threatening or harassing manner, or anything that encourages another to post such information; unauthorized advertisements, including solicitations and spam; unauthorized disclosure of others’ private or personal information; any content that infringes on the rights of others including, but not limited to, copyrights, trademarks, licenses, or contract right; any information that you know to be false or that is likely to mislead others; content that will cause annoyance, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person; and anything that would constitute or encourage the commission of an illegal act.
In addition to the above, you agree to the following basic terms:
- You are solely responsible for your use of the Site including any content posted or uploaded by you to the Site.
- You agree that all information you provide to the Site in relation to your use of the Site is true and accurate and that you will not use the Site under any false pretenses or with any false information.
- You agree that you will not upload content to the Site that may be deemed: violent; hateful; discriminatory; unlawful; pornographic, nude, partially nude, or sexually suggestive; or that infringes on the rights of another.
- You agree that you will not use the Site to bully, stalk, harass, threaten, intimidate, or impersonate any other person or entity.
- You agree that you will not use the Site for an illegal or unauthorized purpose and that you will comply with all state and federal laws and regulations with regard to your usage of the Site.
- You will not attempt to change, modify, adapt, or interfere with the Site, its underlying code, API, servers or any other portion of the Site.
- You will not use the Site for any commercial purposes.
In order to access certain features of the Site and purchase merchandise from the Site, you may be required to create an account. In addition to your name and contact information, you may be required to provide credit card, billing, and shipping information in connection to your account. By creating an account, you certify that all information provided in the account creation process is true and accurate.
All purchases are subject to merchandise availability. All merchandise and products made available through the Site are subject to change and discontinuation, without notice, in the sole discretion of the Site.
The Site offers certain merchandise for purchase. By signing up and paying for any merchandise offered through the Site you agree to these Terms. During the purchase process, you will be asked to provide payment information. This payment method will be charged for any merchandise selected by you. Your total will be presented prior to completing the purchase.
By selecting merchandise for purchase and providing payment information, you expressly authorize all merchandise to be purchased by you to be charged by the Site to your provided payment method.
Due to the unique nature of the products offered on the Site, all sales are final and not refundable.
LOST OR DAMAGED ITEMS
You expressly agree that the Site’s (Seller’s) responsibility for your merchandise ends when your package is deposited with the shipping carrier of your choice. You agree not to hold the Site responsible for any packages lost or damaged during the shipping process. You have the option to purchase insurance on all packages. The Site will ship your products according to your chosen method and purchase any appropriate insurance as directed by you. Seller will cooperate with making a claim against a shipping carrier for a lost or damaged package, but is not responsible for the ultimate outcome, which is in the sole discretion of the carrier.
INTELLECTUAL PROPERTY OWNERSHIP
This Site contains information protected by intellectual property rights. The Site owners are also the owners or proper licensees of all the intellectual property contained within the Site. All other intellectual property contained within the Site are the sole property of their respective owners. This includes the name, domain, logo, images, graphics, content, writings, and other materials that are posted or otherwise made available by the Site owners. Owner exerts all rights to this content and you are prohibited from copying, reproducing, modifying, or otherwise distributing this content without Owner’s express consent.
By uploading content to the Site, you represent and warrant that you own the rights to the content or otherwise have permission to grant the rights or licenses set forth about to the content. You agree that you will not upload any content to the Site that infringes on the intellectual property rights of others and that you are solely responsible for any such infringement.
THIRD PARTY INTEGRATIONS
To provide all of the features on the Site, the Site may contract with third party service providers. By making use of the features of the Site, you understand that your information may be shared with these third parties to facilitate your use of the Site.
The information presented on or through the Site is made available solely for providing general information purposes. The Site does not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Site disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and/or third-party licensors. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Site, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Site. The Site is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
THIRD PARTY WEBSITES
From time to time, this Site may link to other third party websites or display advertisements for third parties. This Site makes no representations or warranties about the content on such third party websites and disclaims any and all liability for the information contained on those websites. Linking to a third party website does not imply that the Site or its owners endorse the third party website or its content and the Site cannot be held responsible for your reliance on any information. Use or reliance of third party websites is done so at your own risk and they are governed by their own terms and conditions.
By using this Site, you agree to be bound by these terms. Additionally, you also consent to be bound by your electronic agreement to any additional terms and conditions by clicking “I Consent” or “I Agree” or other similarly-worded language the same as if it were a handwritten signature with full legal force and effect.
LIMITATION OF LIABILITIES
YOU AGREE THAT IN NO EVENT WILL THE SITE OR ITS OWNER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, EXPENSES, OR LOSSES, DIRECT OR INDIRECT, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE, INABILITY TO USE OR ACCESS THE SITE, OR INFORMATION CONTAINED WITHIN THE SITE. YOUR USE OF THE SITE AND THE INFORMATION CONTAINED WITHIN IS AT YOUR OWN DISCRETION AND RISK.
YOU AGREE TO RELEASE THE SITE AND ITS OWNERS FROM ANY LIABILITY, WHETHER BASED IN TORT, CONTRACT, OR OTHERWISE, FOR DAMAGES INCLUDING SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITVE, WHETHER DIRECT OF INDIRECT, ARISING FROM OR RELATED TO YOUR USE OF THIS SITE OR THE INFORMATION CONTAINED WITHIN EVEN IF OWNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You hereby agree to indemnify, defend, and hold harmless the Site and its owners, affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
The Site and any information provided within the Site are not intended for distribution or use in any country or jurisdiction where such distribution or use would be contrary to any applicable governing law or regulation or any jurisdiction that would subject the owners to any additional registration requirements. Owners reserve the right to limit the availability of the Site in their sole discretion.
This Agreement contains all the terms agreed to by the Site owners and you with respect to your use of this website. It replaces and supersedes all previous discussions, understandings, and agreements.
If any part of this Agreement is declared unenforceable or invalid, the remainder will continue to be valid and enforceable.
The failure of a party to enforce any provision of this Agreement shall not be construed as a waiver of that provision, nor prevent that party thereafter from subsequently enforcing that provision of any other provision of this Agreement.
MODIFICATIONS TO AGREEMENT
These terms may be modified at any time without notice. Such modifications become effective on the date that they are first posted. By continuing to use the Site, you agree to be bound by such modifications. Please check back often. Should you not wish to be bound by the modified terms, discontinue your use of the Site.
This Agreement is governed by and shall be construed in accordance with the laws of Massachusetts without reference to its conflict-of-law provisions. If a dispute arises, you agree to first attempt in good faith to resolve the dispute through mediation to take place in Massachusetts utilizing a third-party mediator that is agreed upon by the parties prior to pursuing other legal remedies including litigation. The prevailing party in a mediation is entitled to recover the reasonable cost of attorneys’ fees and costs expended for the mediation, in addition to any other relief that the prevailing party is granted
CONTACT: Any question about these terms can be sent to firstname.lastname@example.org