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Create an AccountPLEASE READ THESE TERMS OF SERVICE (THE “AGREEMENT”) CAREFULLY. BY USING THE SERVICES (AS DEFINED BELOW), YOU AGREE TO THIS AGREEMENT. WE RECOMMEND THAT YOU PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE. WE RETAIN THE RIGHT TO MAKE CHANGES, AS OUTLINED BELOW.
1. IF YOU ARE NOT WILLING TO ACCEPT THE TERMS AND CONDITIONS IN THE AGREEMENT, WE ASK THAT YOU NOT ACCESS OR USE THE SERVICES OR POST OR SUBMIT ANY MATERIALS ON IT OR ORDER ANY ITEMS FROM IT.
OUR RIGHT TO MAKE CHANGES. WE MAY CHANGE THIS AGREEMENT FROM TIME TO TIME (FOR ANY REASON, SUCH AS CHANGES IN THE FUNCTIONS OR SERVICES OFFERED BY THIS SITE OR TO REFLECT A CHANGE IN THE LAW) BY NOTIFYING YOU OF SUCH CHANGES BY ANY REASONABLE MEANS AND BY MAKING AVAILABLE A REVISED AGREEMENT THROUGH THE SERVICES. ANY SUCH CHANGES WILL NOT APPLY TO ANY DISPUTE BETWEEN YOU AND US ARISING PRIOR TO THE DATE ON WHICH WE POSTED THE REVISED AGREEMENT INCORPORATING SUCH CHANGES OR OTHERWISE NOTIFIED YOU OF SUCH CHANGES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE MAY, AT ANY TIME AND WITHOUT LIABILITY, MODIFY OR DISCONTINUE ALL OR PART OF THE SERVICES (E.G., TO REFLECT CHANGES IN THE RELEVANT LAWS, TO PROTECT THE SECURITY OF THE SERVICES OR TO IMPLEMENT REASONABLE TECHNICAL ADJUSTMENTS AND IMPROVEMENTS, TO MODIFY THE SERVICES AND FUNCTIONS PROVIDED BY THE SITE); CHARGE, MODIFY OR WAIVE ANY FEES REQUIRED TO USE THE SERVICES WHERE REASONABLY NECESSARY; OR OFFER OPPORTUNITIES TO SOME OR ALL USERS, AT OUR SOLE DISCRETION. WE WILL SEEK TO NOTIFY YOU BY REASONABLE MEANS OF (I) ANY MODIFICATIONS THAT WILL HAVE A MATERIAL ADVERSE EFFECT ON YOUR USE OF THE SERVICES, TAKEN AS A WHOLE; AND (II) ANY MATERIAL INCREASE IN THE FEES CHARGED BY US TO USE THE SERVICES.
THE INFORMATION INCLUDING ANY, ADVICE AND RECOMMENDATIONS PROVIDED AS PART OF THE SERVICES IS INTENDED SOLELY FOR EDUCATIONAL AND INFORMATIONAL PURPOSES. IT IS NOT INTENDED AS MEDICAL OR HEALTHCARE ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT, FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION AND BEFORE STARTING ANY NEW TREATMENT. YOUR USE OF THE SERVICES IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE SERVICES.
WE ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, OR OTHER MATERIAL PROVIDED AS PART OF THE SERVICES. WHILE WE STRIVE TO KEEP THE INFORMATION PROVIDED BY THE SERVICES TO BE ACCURATE, COMPLETE, AND UP-TO-DATE, WE DO NOT GIVE ANY ASSURANCES, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION PROVIDED AS PART OF THE SERVICES.
PLEASE BE AWARE THAT PRICES, AVAILABILITY AND OTHER PURCHASE TERMS ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE. WE MAKE EVERY EFFORT TO INSURE THE ACCURACY OF THE INFORMATION ON THE SITE AND WHEN ERRORS ARE DISCOVERED, WE WILL CORRECT THEM.WE RESERVE THE RIGHT, INCLUDING WITHOUT PRIOR NOTICE, TO LIMIT THE AVAILABLE QUANTITY OF OR DISCONTINUE THE AVAILABILITY OF ANY PRODUCT; TO IMPOSE CONDITIONS ON THE HONORING OF ANY COUPON, DISCOUNT OR OTHER PROMOTION; TO BAR ANY USER FROM MAKING ANY TRANSACTION; AND TO REFUSE TO PROVIDE ANY USER WITH ANY PRODUCT. THE SERVICES DO NOT ACCEPT ORDERS FROM DEALERS, WHOLESALERS, OR OTHER CUSTOMERS WHO INTEND TO RESELL ITEMS OFFERED ON THE SERVICES. REFUNDS AND EXCHANGES ARE SUBJECT TO OUR APPLICABLE REFUND AND EXCHANGE POLICIES. YOU AGREE TO PAY ALL CHARGES INCURRED BY YOU OR ON YOUR BEHALF THROUGH THE SERVICES, AT THE PRICES IN EFFECT WHEN SUCH CHARGES ARE INCURRED, INCLUDING APPLICABLE CHARGES FOR SHIPPING, HANDLING AND TAXES. YOUR PLACEMENT OF AN ORDER DOES NOT NECESSARILY ASSURE THAT WE WILL ACCEPT YOUR ORDER. WHILE IT IS OUR PRACTICE TO CONFIRM ORDERS BY EMAIL, THE RECEIPT OF AN E-MAIL 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 TO REVOKE ANY STATED OFFER TO CORRECT ANY ERRORS, INACCURACIES, OR OMISSIONS, INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED, AFTER IT HAS BEEN CONFIRMED, OR AFTER YOUR CREDIT CARD OR OTHER METHOD OF PAYMENT HAS BEEN CHARGED. IF WE DISCOVER AN ERROR AFTER YOUR CREDIT CARD OR OTHER METHOD OF PAYMENT HAS BEEN CHARGED AND YOUR ORDER IS CANCELED AS A RESULT OF THE ERROR, YOU WILL BE REFUNDED THE FULL AMOUNT OF YOUR ORDER. YOU WILL BE NOTIFIED VIA EMAIL OR OTHER COMMUNICATION METHOD IF YOUR ORDER HAS BEEN CANCELED.
ONCE A PROPERLY COMPLETED ORDER IS RECEIVED AND AUTHORIZATION OF YOUR FORM OF PAYMENT IS RECEIVED, WE WILL PROMPTLY LOCATE THE ITEM(S) YOU HAVE ORDERED TO PLACE THEM IN LINE FOR SHIPMENT. IF, FOR SOME REASON, WE DETERMINE THAT WE CANNOT SHIP YOUR ITEM WITHIN THIRTY (30) DAYS FOLLOWING OUR RECEIPT OF A PROPERLY COMPLETED ORDER, WE WILL CANCEL YOUR ORDER AND ADVISE YOU OF SUCH ACTION. REFUNDS AND EXCHANGES ARE SUBJECT TO OUR APPLICABLE REFUND AND EXCHANGE POLICIES.<
PRODUCTS MAY BE SHIPPED TO AN ADDRESS DESIGNATED BY YOU, SO LONG AS SUCH ADDRESS IS COMPLETE AND COMPLIES WITH ANY SHIPPING RESTRICTIONS CONTAINED ON THE SERVICES. ALL TRANSACTIONS ARE MADE PURSUANT TO A SHIPMENT CONTRACT, AND, AS A RESULT, RISK OF LOSS AND TITLE FOR PRODUCTS PASS TO YOU UPON OUR DELIVERY OF THE PRODUCTS TO THE CARRIER. YOU ARE RESPONSIBLE FOR FILING ANY CLAIMS WITH CARRIERS FOR DAMAGED AND/OR LOST SHIPMENTS.
YOU MAY RETURN PRODUCTS IN ACCORDANCE WITH OUR RETURNS POLICY AS LISTED ON THE SERVICES, IF RELEVANT.
YOU AGREE THAT ANY INFORMATION YOU PROVIDE TO US WILL BE CURRENT, ACCURATE AND COMPLETE AND THAT YOU WILL KEEP SUCH INFORMATION UP TO DATE BY NOTIFYING US OF ANY CHANGES.
WE RESERVE THE RIGHT TO TERMINATE ANY ACCOUNT AT ANY TIME IN OUR SOLE DISCRETION, INCLUDING WITHOUT LIMITATION FOR ANY FAILURE TO COMPLY WITH THESE TERMS OF USE, ANY FRAUD OR ABUSE, OR ANY MISREPRESENTATION THAT YOU OR ANYONE USING YOUR ACCOUNT MAY MAKE TO US.
IN ADDITION, IF YOU PROVIDE TO US ANY IDEAS, PROPOSALS OR SUGGESTIONS (“FEEDBACK”), WE WILL DEEM SUCH FEEDBACK A SUBMISSION. YOU AGREE THAT FEEDBACK IS NOT CONFIDENTIAL AND THAT YOUR PROVISION OF IT IS GRATUITOUS, UNSOLICITED AND WITHOUT RESTRICTION AND DOES NOT PLACE US UNDER ANY OBLIGATION IN RESPECT OF SUCH FEEDBACK.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, THAT ANY USER NAME, PASSWORD OR OTHER SECURITY MEASURE THAT YOU MAY USE OR ALLOW OTHERS TO USE IN CONNECTION WITH THE SERVICES WILL PREVENT UNAUTHORIZED ACCESS TO YOUR SERVICES ACCOUNT OR RELATED INFORMATION, OR THAT YOUR SERVICES ACCOUNT OR RELATED INFORMATION WILL NOT BE ACCESSED OR MISUSED BY ANY THIRD PARTY.
ALL DISCLAIMERS OF ANY KIND IN THIS AGREEMENT (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, STOCKHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “COMPANY PARTIES”).
WHILE WE TAKE REASONABLE STEPS TO TRY TO MAINTAIN THE TIMELINESS, INTEGRITY AND SECURITY OF THE SERVICES, WE CANNOT GUARANTEE THAT THEY ARE OR WILL REMAIN UPDATED, COMPLETE, CORRECT OR SECURE, OR THAT ACCESS TO THEM WILL BE UNINTERRUPTED. THE SERVICES MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT CONFLICT WITH THIS AGREEMENT.
NOTHING IN THIS AGREEMENT RESTRICTS, EXCLUDES OR MODIFIES OR PURPORTS TO RESTRICT, EXCLUDE OR MODIFY ANY MANDATORY STATUTORY CONSUMER RIGHTS UNDER APPLICABLE LAW.
WITH RESPECT TO ANY CONDITIONS, WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED UNDER APPLICABLE STATUTES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY IS LIMITED (AT OUR OPTION) TO THE RESUPPLY OR REFUND OF THE COST OF THE RELEVANT PORTION OF THE SERVICES.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, OR LOSSES THAT WERE NOT REASONABLY FORESEEABLE TO YOU OR US AT THE TIME YOU AGREED TO THIS AGREEMENT, IN EACH CASE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THIS AGREEMENT, AND UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY (COLLECTIVELY, “INDIRECT LOSSES”). LOSS OR DAMAGE IS FORESEEABLE IF EITHER IT IS OBVIOUS THAT IT WILL HAPPEN OR IF, AT THE TIME THE CONTRACT WAS MADE, BOTH YOU AND WE KNEW IT MIGHT HAPPEN.