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AGREEMENT TO TERMS
You acknowledge that by accessing this Site, you are agreeing to be bound by these Terms of Use. If you do not agree with any part of these Terms of Use, you are prohibited from using the Site and must immediately cease all such use.
Additional or modified terms and conditions, as well as documents, are now part of these Terms of Use and will apply to your use of the Site. We reserve the right to revise these Terms of Use at any time and for any purpose. We will indicate when revisions were made by updating the “Last updated“ date at the top of the page. It is your responsibility to review these Terms of Use regularly in order to be informed of any changes. By continuing to use the Site after changes are made, you accept and understand the revisions.
The Site should not be accessed by people from locations where its distribution or use would be contrary to law or regulation, or which would subject us to any registration requirement. If people from other locations choose to access the Site, they must comply with local laws applicable to them.
The Site does not meet the requirements of specific industry regulations such as the Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), or the Gramm–Leach–Bliley Act (GLBA). As such, if your use of the Site would be subject to these regulations, you should not use the Site.
Users who are 18 years old and over are allowed to use and register for the Site, but those under 18 are not.
INTELLECTUAL PROPERTY RIGHTS
The Site, its Content, and Marks are our exclusive property and are protected by copyright and trademark laws. The Content and Marks can only be used for personal information. No part of the Site and its Content and Marks can be used, copied, reproduced or sold commercially without our explicit written permission.
If you meet the criteria to access the Site, you are granted a limited license to view the Content and to download or print a portion of it for your own non–commercial use. All other rights remain exclusively with us.
USER REPRESENTATIONS
You guarantee that your registration details are true, exact, up–to–date, and complete and you agree to continuously keep them up–to–date. You further confirm that you have the legal capacity to be bound by these Terms of Use, you are not a minor, you will not access the Site using automated or non–human means, you will not use the Site for any illegal or unauthorized purpose, and your use of the Site will not violate any laws or regulations.
If you give us any information that is false, outdated, inconsistent, or incomplete, we can suspend or end your account and deny you access to the Site (or any part of it) from then on.
USER REGISTRATION
You are responsible for registering with the Site and keeping your password confidential. Furthermore, your username must not be deemed inappropriate, obscene, or objectionable, or we reserve the right to change it.
PRODUCTS
Any of our products may be withdrawn at any time and without notice; moreover, prices are subject to alteration.
PURCHASES AND PAYMENT
You agree to supply accurate, up–to–date, and complete details concerning your purchases on the Site. You concur to quickly update your account and payment info, including your email address, a method of payment, and the expiration date for your payment card, so our team can conclude your purchases and contact you if necessary. The price of the items you purchase may include sales tax, as decided by us, and prices are likely to change at any time. All payments must be in U.S. dollars.
Upon placing your order, you accept to pay all charges at the applicable prices at the time and any shipping fees. We reserve the right to amend any miscalculations or mistakes in pricing, even if we have already obtained or requested payment. We will charge your preferred method of payment for these amounts.
We have the right to deny any orders made via the Site. We might limit or cancel the amount of products purchased in one go, on one account, by one person, with the same payment method, and/or orders with the same billing address or delivery address. In addition, we can restrict or prohibit orders that look like they have been placed by dealers, resellers or distributors, according to our discretion.
REFUNDS POLICY
We may issue refunds at our discretion. If your order is incomplete, we can refund your money minus a $15 processing fee. If your order is complete, we will work with you for future services instead. A refund does not mean that the services we provided were inadequate, and no amounts due will be forgiven. We reserve the right to take legal and equitable measures to collect any amounts due, and if you threaten to open a bank dispute, we may issue a refund to avoid damages and turn the account over to a collection agency. If we take this route, you will be charged a 35% fee, plus our costs and a $50 collections referral fee.
PROHIBITED ACTIVITIES
You may only use the Site for its intended purpose, and not for any commercial endeavors not endorsed or approved by us.
You agree not to use the Site if you are a user:
USER GENERATED CONTRIBUTIONS
Users are not able to submit or post content on this Site. We may give you the option to create, post, display, transmit, perform, publish, distribute, or broadcast content and materials on the Site or to us, such as text, video, audio, photographs, graphics, comments, suggestions, or personal information. These Contributions may be looked at by other users of the website as well as third–party websites. Any Contributions sent will be handled in agreement to the Site Privacy Policy. When you create or make your Contributions available, you guarantee that:
If you do not comply with these Terms of Use, your access to the Site may be terminated or suspended.
CONTRIBUTION LICENSE
We and Site agree that we can access, store, process, and utilize any information and personal data that you supply in accordance with the Privacy Policy and your preferences (including settings).
By giving us comments or other feedback concerning the Site, you are agreeing that we are allowed to use and share such feedback for any purpose without paying you any money.
You keep all the rights to your Contributions, and we are not responsible for any statements or representations you make in them. We won‘t be held accountable for your Contributions, so you agree not to sue us for anything related to them.
SUBMISSIONS
You agree that any of your questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions“) will become the property of us. We will own all exclusive rights to these Submissions, including all intellectual property rights, and it will have the unlimited use and distribution of them for any lawful purpose for commercial use or otherwise, and without having to provide recognition or compensation to you. You also give up all your moral rights related to the Submissions, and guarantee that the Submissions are your own personal work, or that you are legally allowed to submit them. You acknowledge there can be no legal action taken against us for any alleged or real violation of any proprietary rights related to your Submissions.
SITE MANAGEMENT
We have the right, but not the obligation, to monitor the Site for possible violations of these Terms of Use, take appropriate legal action against anyone who violates them in our sole discretion, restrict, limit, or disable access to, or reduce the availability of, any of your Contributions, delete or disable excessively large or burdensome files, and control the Site to protect our rights and property and assure proper operation of the Site.
PRIVACY POLICY
By using the Site, you are consenting to the transfer and processing of your data in the United States, as set out in our Privacy Policy. Please review the Privacy Policy to learn more about how your data may be used and secured.
TERM AND TERMINATION
While you utilize the Site, these Terms of Use shall remain in full effect. Without hindering any other conditions of these Terms of Use, we reserve the right, in our sole discretion with no warning or liability, to deny access to and the use of the Site (including barring particular IP addresses) to any individual for any reason, or for no reason at all, which includes but is not limited to any breach of any agreement, guarantee, or covenant included in these Terms of Use or of any relevant law or regulation. We can end your usage or participation in the Site or delete your account and any content or information you posted any time, without warning, solely at our discretion.
If we need to end or pause your account for any reason, you are not allowed to make a new account using your own name, a false name, or the name of someone else, even if you are doing it for them. Along with ending or pausing your account, we also reserve the right to take further legal action, including trying to reach a court decision and going after criminal and civil remedies.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to make alterations to the material on the Site at any time and for any purpose without prior notification. We are not required to update the content on the Site and will not be liable for any amendments, cost changes, suspensions, or cancelations.
We cannot guarantee the Site will stay operational at all times. We may face technical difficulties, or need to do maintenance for the Site, that could lead to interruptions, lag, or errors. We also reserve the right to make changes, updates, suspend, or stop providing the Site at any time, with no warning. You understand that we are not responsible for any losses, damage, or issues experienced when trying to access or use the Site during this downtime or discontinuation. Nothing in these Terms of Use will make us obligated to carry on providing the Site, or give any corrections, updates, or new releases for it.
GOVERNING LAW
The State of Missouri‘s regulations will oversee the interpretation and implementation of these Terms of Use and your use of the Site, disregarding any discrepancies between state laws.
DISPUTE RESOLUTION
Binding Arbitration
If the Parties are unable to settle a Dispute through informal discussions, any such Dispute (except for those Disputes specifically excluded below) will be settled through binding arbitration. YOU RECOGNIZE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO TAKE LEGAL ACTION IN A COURT AND RECEIVE A TRIAL BY JURY. The arbitration will be established and conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, if applicable, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which can be found on the AAA website www.adr.org. The expenses of the arbitration and the amount payable to the arbitrators will be determined by the AAA Consumer Rules. The arbitration may be carried out through face–to–face meetings, submission of paperwork, by way of telephone calls, or online. The arbitrator will issue a written decision, although they are not required to provide the reasons for their decisions unless requested by either Party. The arbitrator has to abide by applicable laws, and the award can be contested if the arbitrator neglects to meet that requirement. Apart from the above, the Parties can
These Terms of Use do not include any usage of the United Nations Convention on Contracts for the International Sale of Goods or the Uniform Computer Information Transaction Act (UCITA).
If this provision is deemed to be unlawful or non–binding, neither side shall choose to arbitrate any Argument that falls within that part of the provision found to be unlawful or unenforceable and such Argument shall be judged by a competent court from the ones listed for jurisdiction previously, and the Parties accept to submit to the court‘s personal authority.
Restriction
The Parties acknowledge that this arbitration provision provision only applies to the Dispute between them individually and shall not be joined with any other proceeding; furthermore, it is not possible to bring a class action or other representative proceedings, nor is it possible to bring a claim on behalf of the general public or any other persons.
Exceptions to Arbitration
The Parties agree that Disputes regarding intellectual property rights, theft, piracy, invasion of privacy, or unauthorized use, as well as any claims for injunctive relief, are exempt from the provisions regarding binding arbitration. If the provision is determined to be invalid or unenforceable, either Party is free to pursue legal action in a court of competent jurisdiction within the courts listed for jurisdiction, and both Parties agree to the personal jurisdiction of said court.
Both parties hereby irrevocably waive their right to a trial by jury of any claims, demands, actions, or causes of action arising from or related to this agreement, to the extent permitted by law. They also agree that any such claims, demands, actions, or causes of action shall be decided by the court without a jury, and allows either party to submit a copy of the agreement as written evidence of their consent to waive their right to a trial by jury.
CORRECTIONS
We reserve the right to fix any spelling mistakes, discrepancies, or missing information on the Site about the services available, such as descriptions, rates, availability, and other data. We may modify any of this information at any time, without prior warning.
DISCLAIMER
You agree that the fullest extent of the law allows, our Site is provided “as is“ and “as available,” and your use of it is completely at your own risk. We don‘t guarantee the accuracy, security, or completeness of the Site and don‘t provide any warranty for its performance. Likewise, we don‘t take responsibility for any product or service advertised by a third party on the Site, a linked website, or a banner ad. To protect yourself, exercise caution and do your own research when considering any product or service provided through the Site.
LIMITATIONS OF LIABILITY
Our directors, employees, agents, and ourselves will not be accountable for any damages deemed as consequential, indirect, exemplary, incidental, special, or punitive. These damages include any potential loss of profits, income, or data related to the use of the Site. The maximum liability we can be held accountable for is the amount you paid, if anything, to use the Site. Laws in some local or international areas may not permit limits on implied warranties or the disclusion or limitation of certain damages. Depending on applicable law, some of the disclaimers above may not apply to you and you may therefore have additional legal rights.
INDEMNIFICATION
You accept responsibility for all losses, damages, liabilities, claims, or expenses, including attorneys‘ fees, that we may suffer or incur as a result of (1) your use of the Site; (2) any breach of these Terms of Use; (3) any breach of the representations and guarantees in these Terms of Use; (4) your infringement of a third party‘s rights, including intellectual property rights; or (5) any hostile action towards another user of the Site. If you are liable to indemnify us, we reserve the right to take control of the defense, at your own cost, with your cooperation. We will inform you of any such matter, action, or proceeding when we become aware of it.
USER DATA
In order to manage the performance of the Site and capture your usage of the Site, we will retain certain data which you transmit. While we take regular back–ups of data, you are held responsible for the data you send or any activity you carry out using the Site. We shall not be held responsible for any data loss or damage and you hereby refrain from taking any legal action against us regarding any such loss or damage.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receiving electronic communications, which are agreements, notices, disclosures, and other communications we provide to you, through email and on the Site. You agree that these electronic communications satisfy any legal requirement for them to be written and in doing so, you waive any rights under any law that require written communication or non–electronic records. Additionally, you agree to the use of electronic signatures, contracts, orders, and other records, and the delivery of notices, policies, and records of transactions by electronic means.
CALIFORNIA USERS AND RESIDENTS
If you are dissatisfied with the resolution of your complaint, you may contact the Complaint Assistance Unit of the California Department of Consumer Affairs by writing to them at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952–5210 or (916) 445–1254.
MISCELLANEOUS
These Terms of Use, along with any policies and rules set by us for the Site, form the complete understanding between us and you. We cannot be held liable for any specific rights or obligations not followed, but we must enforce these Terms of Use to the fullest possible extent. If any part of these Terms of Use is found to be unlawful, void, or unenforceable, it is deemed severable and will not affect the validity of any remaining parts. There is no joint venture, partnership, employment, or agency relationship arising from these Terms of Use. You acknowledge that we have written these Terms of Use and cannot use it against us. You hereby give up any rights that you may have in relation to these Terms of Use being electronic or not signed by the parties.
CONTACT US
To address a concern about this website or to find out more about its use, please click on the contact us link on this page.
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