TERMS & CONDITIONS
Terms & Conditions:
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE.
* Products, Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on this Web
Site are subject to change at any time without notice. Certain weights, measures
and similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services in this Web Site at a particular time does not
imply or warrant that these products or services will be available at any time.
It is your responsibility to ascertain and obey all applicable local, state,
federal and international laws (including minimum age requirements) in regard
to the possession, use and sale of any item purchased from this Web Site. By placing
an order, you represent that the products ordered will be used only in a lawful
manner.
* Shipping Limitations When an order is placed, it will be shipping to an
address designated by the purchaser as long as that shipping address is
compliant with the shipping restrictions contained on this Web Site. All
purchases from this Web Site are made pursuant to a shipment contract. As a
result, risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible for filing
any claims with carriers for damaged and/or lost shipments.
* Accuracy of Information. We attempt to ensure that information on this Web
Site is complete, accurate and current. Despite our efforts, the information on
this Web Site may occasionally be inaccurate, incomplete or out of date. We
make no representation as to the completeness, accuracy or currentness of any
information on this Web Site. For example, products included on the Web Site
may be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Web Site. In addition,
we may make changes in information about price and availability without notice.
While it is our practice to confirm orders by email, the receipt of an email
order confirmation does not constitute our acceptance of an order or our
confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service and/or
to refuse service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
* Use of this Web Site. The Web Site design and all text, graphics,
information, content, and other material displayed on or that can be downloaded
from this Web Site are either the property of, or used with permission by,
Mblem and are protected by copyright, trademark and other laws and may not be
used except as permitted in these Terms and Conditions or with the prior
written permission of the owner of such material. You may not modify the
information or materials located on this Web Site in any way or reproduce or
publicly display, perform, or distribute or otherwise use any such materials
for any public or commercial purpose. Any unauthorized use of any such
information or materials may violate copyright laws, trademark laws, laws of
privacy and publicity, and other laws and regulations. You are responsible for
maintaining the confidentiality of your account information and password and
for restricting access to such information and to your computer. You agree to
accept responsibility for all activities that occur under your account or
password.
* Trademarks. Certain trademarks, trade names, service marks and logos used or
displayed on this Web Site are registered and unregistered trademarks, trade
names and service marks of us and our affiliates. Other trademarks, trade names
and service marks used or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks of their respective
owners. Nothing contained on this Web Site grants or should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any trademarks, trade names, service marks or logos displayed on this Web Site
without our written permission or the written permission of such third party
owner.
* Linking to this Web Site. Creating or maintaining any link from another Web
site to any page on this Web Site without our prior written permission is
prohibited. Running or displaying this Web Site or any material displayed on
this Web Site in frames or through similar means on another Web site without
our prior written permission is prohibited. Any permitted links to this Web Site
must comply will all applicable laws, rule and regulations.
* Third Party Links. From time to time, this Web Site may contain links to Web
sites that are not owned, operated or controlled by us or our affiliates. All
such links are provided solely as a convenience to you. If you use these links,
you will leave this Web Site. Neither we nor any of our affiliates are
responsible for any content, materials or other information located on or
accessible from any other Web site. Neither we nor any of our affiliates
endorse, guarantee, or make any representations or warranties regarding any
other Web site, or any content, materials or other information located or
accessible from such Web sites, or the results that you may obtain from using
such Web sites. If you decide to access any other Web site linked to or from
this Web Site, you do so entirely at your own risk.
* Inappropriate Material. You are prohibited from posting or transmitting any
unlawful, threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct that would
be considered a criminal offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that we may have at law or in
equity, if we reasonably determine that you have violated or are likely to
violate the foregoing prohibitions, we may take any action we reasonably deem
necessary to cure or prevent the violation, including without limitation, the
immediate removal from this Web Site of the related materials. We will fully
cooperate with any law enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity of anyone posting such
materials.
* User Information. Other than personally identifiable information, which is
subject to this Web Site's Privacy Policy, any material, information,
suggestions, ideas, concepts, know-how, techniques, questions, comments or
other communication you transmit or post to this Web Site in any manner
("User Communications") is and will be considered non-confidential
and non-proprietary. We, each of our affiliates and/or our designees may use
any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any manner whatsoever for any or
all commercial or non-commercial purposes. We may, but are not obligated to,
monitor or review any User Communications. We shall have no obligation to use,
return, review, or respond to any User Communications. We will have no
liability related to the content of any such User Communications, whether or
not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. We retain the right to remove any or all User Communications that
includes any material we deem inappropriate or unacceptable.
* DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND
SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS
IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE
ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB
SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF
DATE, AND NEITHER WE NOR ANY OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES
ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF
IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS
AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY
APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE
HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED
OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR
FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR
MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS
"CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION
IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY
TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
* LIMITATIONS OF LIABILITY. We assume no responsibility, and shall not be
liable for, any damages to, or viruses that may infect, your computer,
telecommunication equipment, or other property caused by or arising from your
access to, use of, or browsing this Web Site or your downloading of any
materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS,
RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR
TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL,
PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING
OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY
WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT,
TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT
OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE
REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU
AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR
SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR
SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
* Revisions to these Terms and Conditions. We may revise these Terms and
Conditions at any time and from time to time by updating this posting. You
should visit this page from time to time to review the then current Terms and
Conditions because they are binding on you. Certain provisions of these Terms
and Conditions may be superseded by expressly designated legal notices or terms
located on particular pages at this Web Site.
* Choice of Law; Jurisdiction. These Terms and Conditions supersede any other
agreement between you and us to the extent necessary to resolve any
inconsistency or ambiguity between them. These Terms and Conditions will be governed
by and construed in accordance with the laws of the State of New York, without
giving effect to any principles of conflicts of laws. A printed version of
these Terms and Conditions shall be admissible in judicial and administrative
proceedings based upon or relating to these Terms and Conditions to the same
extent and subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
* Termination. You or we may suspend or terminate your account or your use of
this Web Site at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior to
termination. We reserve the right to change, suspend, or discontinue all or any
aspect of this Web Site at any time without notice.
Additional Assistance. If you do not understand any of the foregoing Terms and
Conditions or if you have any questions or comments, we invite you to call our
corporate office 310-717-6753