Last Updated June 1, 2020
Disclaimers and Limitation of Liability
Except where otherwise noted, and to the fullest extent of the law, you agree that the use of the Service is at your sole risk. Neither the Company, its employees, directors, officers, agents, third party service providers warrant that the Service will be uninterrupted or without errors. Nor do they make any warranty as to the results that may be obtained from the use of Service, or as to the accuracy or reliability of any information or content provided through the Service. The Service is provided on an ‘as-is’ basis and the Company disclaims warranties of any kind, either express or implied.
Under no circumstances shall the Company be liable for any direct, indirect, incidental, special or consequential damages, including without limitation lost profits that result from the use of or inability to use the service. The Company is not liable for damages resulting from mistakes, omissions, deletions of data, errors, defects, viruses, delays, or any general failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to the Company’s Service components.
Prices for all products are exclusive of federal, state and local taxes.
The Company reserves the right to refuse to accept and/or process any customer orders, promotions and discounts.
Prohibited or Unlawful Use
All content included as part of the Service, such as text, graphics, logos, images, and any software and data used on the Site, is the property of the Company and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will make no use of the content of the Website without the express written permission of the Company and/or copyright owner.
Use of Public Forums
The Company does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to all such Content, you grant the Company the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sub-license, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Service. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.
No Content you submit will be considered confidential. The Company, and their respective employees, directors, or officers shall not be liable for any use or disclosure of any User Submissions.
Except as otherwise specifically set forth to the contrary herein, and to the fullest extent permitted by law, you and your successors and assigns hereby waive any and all rights and remedies you may have against the Company, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release the Company, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind relating to providing, posting, transmitting or making available through the Service the User Submissions to the Company, or the Company receiving, evaluating, and utilizing the User Submissions.
You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person’s privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.
The Company is not responsible for any user content submissions or material appearing in any public forum on the Service, except for Content created by the Company. We retain, however, the rights set forth below in The Company’s Rights section.
Distribution/Uploading by Users of Third Party Content
Compliance with Laws and Export Regulations
You agree to use the Content and this Service in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Service to either a foreign national or a foreign destination in violation of such laws.
The Company’s Rights
The Company is not responsible for screening, policing, editing, or monitoring user content. However, the Company may elect, but is not obligated, to monitor or remove, electronically or otherwise, areas of the Service and may disclose any Content, records, or electronic communication of any kind and information you provide to the Company.
The Company reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that it deems in its sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, the Company, or any rights of the Company or any third party, or to violate any applicable law.
Termination of Usage
Governing Law, Waiver of Jury Trial & Arbitration
The Service is controlled by the Company from its offices within the United States of America. The Company makes no representation that this Service or the Content is appropriate or available for use in other locations, and access to them from territories where Content is illegal is prohibited. Those persons and entities that choose to access this Service from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that any and all claims, disputes, controversies, actions or proceedings relating to, or arising out of, the creation, manufacture, production, distribution, promotion, marketing, advertising (including oral and written statements), use of or sale of any and all services and products of the Company, through all merchandising channels, including but not limited to, the internet, this Service, telephone, catalog, radio, television, mobile device or the Content (collectively referred to as “Claims”), shall be governed by the internal substantive laws of the State of California without regard to its conflict of laws principals and that any and all Claims shall be resolved exclusively by final and binding arbitration.
You agree that THERE SHALL BE NO RIGHT TO LITIGATE YOUR CLAIM IN COURT AND NO RIGHT TO A JURY TRIAL.