Last updated: April 15, 2019
This Terms of Use Agreement (the “Terms” or “Agreement”) is a legal agreement made by and between you as user of our Site (“you”, “your”, or “End User”) and Green Applications DBA FM Expressions (“Company”, “we”, “us”, or “our”) as the operator of www.fmexpressions.com (the “Site”), governing your access and use of the Site and any information made available to you through the online platform (collectively, the “Services”).
Use, collection, transmission, and storage of user information via this Site is subject to the Privacy Policy.
Consent to These Terms
YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. BY ACCESSING OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
These Terms may be amended or modified by us at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the Site constitutes acceptance to such change. It is therefore essential that you consult and accept the Terms of Use at the time of accessing the Site, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Site or reviewed the Terms of Use. Updates to the Terms of Use will be denoted by the date marker at the beginning of this document.
Consent to Electronic Signatures
You and Company agree to conduct transactions and communicate electronically regarding use of the Services. You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access via an electronic device, including internet, telephonic and wireless devices. You agree that when you click on an “I agree”, “I accept”, “I consent”, “Submit”, “Login”, or any other actionable button with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Your License to Use the Site
Subject to the terms and conditions of this Agreement, Company hereby grants to you the non-transferable, nonexclusive, revocable, limited license to access and use the Site and the Service without any right to re-license, sublicense, distribute, assign or transfer such rights. Company reserves all rights not expressly granted in this Agreement.
You represent and covenant that:
Ownership of the Site
The content and information on the Site as well as the infrastructure used to provide the Site and the Service is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site.
Intellectual Property
Everything located on or in the Site is the exclusive property of Company or is being used with permission.
All trademarks, service marks, trade names, logos and trade dress, including, without limitation, the trademark Company, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to Company or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Company, and you may not remove or otherwise modify any trademark notices from any content.
The Site contains copyrighted material, trademarks, service marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
You may download, print and/or save copyrighted material for your record-keeping purposes only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Company or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site without the express written permission of Company is prohibited. Any violation of this requirement may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures
Company reserves the right to terminate its agreement with you if you infringe third-party copyrights. If you believe that any material has been posted via the Site by a User in a way that constitutes copyright infringement, notify Company and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is:
Nathan Anderson - Nathan (~at-) fmexpressions .com
-or-
Catarina Ferreira - Cat (~at-) fmexpressions .com
User Content, Feedback and Other Submissions
Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by electronic mail or by other means, for any reason (“User Content”), will be treated as non-confidential and non-proprietary (excluding your personal data provided for the purpose of enrollment). You are solely responsible for your User Content. You hereby grant us a worldwide, transferable, non-exclusive, sub-licensable right and license to use your User Content to (1) design, produce and distribute products bearing your User Content, (2) promote, market and advertise products bearing your User Content, and (3) modify the User Content for purposes of improving the printing quality, display-ability, or enhancing its appearance on the products that you order.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You are solely responsible for any User Content you make and their accuracy. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. We take no responsibility and assume no liability for any User Content uploaded by you or any third-party.
You are responsible for your use of the Site and for any User Content you provide, including compliance with applicable laws, rules, and regulations. Any use or reliance on any User Content or materials posted via the Site or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Site or endorse any opinions expressed via the Site. We may, but have no obligation or responsibility to, monitor, edit or remove from the Site any User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that we believe violates any party’s intellectual property or these Terms of Use.
If you provide Company with ideas, suggestions, proposals, plans, feedback, or other materials in any and all media or formats, including, without limitation, any trademarks, photographs, graphics, artwork, videos, sound clips, or text (collectively or individually, “Submission” or “Submissions”), by any method, either at our request or otherwise, you agree that we may edit, copy, display, publish, distribute, translate and use such Submissions for any purpose, without restriction. You agree that Company is under no obligation to: (1) maintain any Submission in confidence; (2) compensate you or any party for any Submission; or (3) respond to any Submission.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submission.
Third Party Sites
Links to third-party websites through the Site, if any, are provided solely as a convenience to you. Company is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. Company has not reviewed any third-party websites accessible through such links and does not control and is not responsible for any third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third-party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third-party websites or links to third-party websites.
Creating an Account on the Site
You will have the option to create an account when you access certain features of the Site and utilize the Service (“User Account”). You will be asked to provide your name and email address to create an account. You may only create one account as an individual. You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Company immediately of any unauthorized use of your User Account. Your personal account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.
If you violate any of these limitations, we may terminate any your User Account. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to update promptly your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
Your Conduct on the Site
The Site is private property. All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion) restricts or inhibits any other User from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies, which include, but are not limited to, terminating your account and use of the Site and retaining all fees paid to us by you for the Services and/or your use of the Site. As a condition of your use of the Service and the Site, you agree that:
Illegal Activity
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. You may not register under a false name.
Company has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as it deems appropriate. Company may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, termination of your User Account, retention of all fees paid to us by you for our Service and/or your use of the Site, denying access and/or removal of any materials on the Site. Company reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third-parties. In order to cooperate with governmental requests, to protect Company’s systems and customers or to ensure the integrity and operation of Company’s business and systems, Company may access and disclose any information it considers necessary or appropriate, including, but not limited to, End User contact details, IP address and traffic information, usage history and posted content.
Availability of the Site
You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. Company reserves the right to terminate your User Account and/or prevent you from using or accessing the Site at any time and for any reason. Company retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service. We shall not be liable to you or any third-party should we exercise this right.
Accuracy, Completeness and Timeliness of Information
Although we strive for accuracy in all elements of the Site, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for your reliance on any information or content found on the Site, and Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.
Indemnity
You agree to fully indemnify and hold harmless Company and our group companies, shareholders, affiliates and licensors, and each of their respective employees, officers, directors, agents, licensors, suppliers, other partners and representatives from and against all claims, actions, causes of action, damages, fines, liabilities and losses and all related costs and expenses (including reasonable attorneys’ fees and other reasonable legal, investigative and expert consulting costs, fees and expenses) (collectively, “Losses”) based on or resulting from:
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Company NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY PROVIDES A 30 DAY WARRANTY FOR DEFECTIVE ITEMS, SEPARATE FROM THIS DISCLAIMER OF WARRANTY, ACCESSIBLE ON SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US0.00). YOU ACKNOWLEDGE THAT COMPANY WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Severability
If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Governing Law
Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Service shall be governed by the laws of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in Virginia.
Entire Agreement
This Agreement and the Privacy Policy constitutes the entire agreement, and supersedes all other agreements, oral or written, between the parties pertaining to the subject matter hereof and thereof.
This Terms of Use Agreement (the “Terms” or “Agreement”) is a legal agreement made by and between you as user of our Site (“you”, “your”, or “End User”) and Green Applications DBA FM Expressions (“Company”, “we”, “us”, or “our”) as the operator of www.fmexpressions.com (the “Site”), governing your access and use of the Site and any information made available to you through the online platform (collectively, the “Services”).
Use, collection, transmission, and storage of user information via this Site is subject to the Privacy Policy.
Consent to These Terms
YOU MAY ONLY USE THE SITE PURSUANT TO THIS AGREEMENT. BY ACCESSING OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE.
These Terms may be amended or modified by us at any time, with or without notice, on the understanding that such changes will not apply to usage prior to the amendment or modification, or to claims arising prior to such change. Your continued use of any part of the Site constitutes acceptance to such change. It is therefore essential that you consult and accept the Terms of Use at the time of accessing the Site, particularly in order to determine which provisions are in operation at that time, in case they have changed since the last time you used the Site or reviewed the Terms of Use. Updates to the Terms of Use will be denoted by the date marker at the beginning of this document.
Consent to Electronic Signatures
You and Company agree to conduct transactions and communicate electronically regarding use of the Services. You agree to be bound by any affirmation, assent or agreement you transmit through the Services you access via an electronic device, including internet, telephonic and wireless devices. You agree that when you click on an “I agree”, “I accept”, “I consent”, “Submit”, “Login”, or any other actionable button with your mouse, keystroke or other device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Your License to Use the Site
Subject to the terms and conditions of this Agreement, Company hereby grants to you the non-transferable, nonexclusive, revocable, limited license to access and use the Site and the Service without any right to re-license, sublicense, distribute, assign or transfer such rights. Company reserves all rights not expressly granted in this Agreement.
You represent and covenant that:
- any and all personal information you upload into the Site is that of persons located in the United States;
- you are the owner of or otherwise have the necessary right or license to upload all User Content and to grant Company the license necessary to provide you Services;
- the User Content does not infringe the rights of any third-parties;
- the User Content does not violate any applicable law, regulations and rules;
- the information you provide to Company is accurate and complete; and
- you will abide by these Terms.
Ownership of the Site
The content and information on the Site as well as the infrastructure used to provide the Site and the Service is proprietary to us. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products or services obtained from or through the Site.
Intellectual Property
Everything located on or in the Site is the exclusive property of Company or is being used with permission.
All trademarks, service marks, trade names, logos and trade dress, including, without limitation, the trademark Company, whether registered or unregistered (collectively, the “Marks”) that appear on the Site are proprietary to Company or such Marks’ respective owners. You may not display or reproduce the Marks other than with the prior written consent of Company, and you may not remove or otherwise modify any trademark notices from any content.
The Site contains copyrighted material, trademarks, service marks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content, in whole or in part.
You may download, print and/or save copyrighted material for your record-keeping purposes only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Company or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, you will make independent attribution and/or agree to make no changes in or delete any author attribution, trademark legend or copyright notice.
You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying the Site without the express written permission of Company is prohibited. Any violation of this requirement may result in a copyright, trademark, service mark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
Copyright Policy and Digital Millennium Copyright Act (“DMCA”) Procedures
Company reserves the right to terminate its agreement with you if you infringe third-party copyrights. If you believe that any material has been posted via the Site by a User in a way that constitutes copyright infringement, notify Company and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Site and description of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and e-mail address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Contact information for Company’s DMCA Agent for notice of claims of copyright infringement is:
Nathan Anderson - Nathan (~at-) fmexpressions .com
-or-
Catarina Ferreira - Cat (~at-) fmexpressions .com
User Content, Feedback and Other Submissions
Subject to our Privacy Policy, any communication or material that you transmit to the Site or to us, whether by electronic mail or by other means, for any reason (“User Content”), will be treated as non-confidential and non-proprietary (excluding your personal data provided for the purpose of enrollment). You are solely responsible for your User Content. You hereby grant us a worldwide, transferable, non-exclusive, sub-licensable right and license to use your User Content to (1) design, produce and distribute products bearing your User Content, (2) promote, market and advertise products bearing your User Content, and (3) modify the User Content for purposes of improving the printing quality, display-ability, or enhancing its appearance on the products that you order.
You agree that your User Content will not violate any right of any third-party, including copyright, trademark, privacy or other personal or proprietary right. You are solely responsible for any User Content you make and their accuracy. You further agree that your User Content will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. We take no responsibility and assume no liability for any User Content uploaded by you or any third-party.
You are responsible for your use of the Site and for any User Content you provide, including compliance with applicable laws, rules, and regulations. Any use or reliance on any User Content or materials posted via the Site or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via the Site or endorse any opinions expressed via the Site. We may, but have no obligation or responsibility to, monitor, edit or remove from the Site any User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that we believe violates any party’s intellectual property or these Terms of Use.
If you provide Company with ideas, suggestions, proposals, plans, feedback, or other materials in any and all media or formats, including, without limitation, any trademarks, photographs, graphics, artwork, videos, sound clips, or text (collectively or individually, “Submission” or “Submissions”), by any method, either at our request or otherwise, you agree that we may edit, copy, display, publish, distribute, translate and use such Submissions for any purpose, without restriction. You agree that Company is under no obligation to: (1) maintain any Submission in confidence; (2) compensate you or any party for any Submission; or (3) respond to any Submission.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Submission.
Third Party Sites
Links to third-party websites through the Site, if any, are provided solely as a convenience to you. Company is not responsible for the content provided through these links. We do not endorse, sanction, verify, or guarantee the accuracy or completeness of such content and we make no warranty as to the accuracy of any such information. Company has not reviewed any third-party websites accessible through such links and does not control and is not responsible for any third-party websites, their content or their policies, including, without limitation, privacy policies or lack thereof. Company does not endorse or make any representations about third-party websites or any information, software or other products, services, or materials found there, or any results that may be obtained from using them. If you access any third-party websites linked to the Site, you do so entirely at your own risk. You acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with, the use of or reliance on any such third-party websites or links to third-party websites.
Creating an Account on the Site
You will have the option to create an account when you access certain features of the Site and utilize the Service (“User Account”). You will be asked to provide your name and email address to create an account. You may only create one account as an individual. You must safeguard your password and supervise the use of your User Account, and understand and agree that you are responsible for your own use and the use of your User Account by anyone you allow to access it and will notify Company immediately of any unauthorized use of your User Account. Your personal account is non-transferrable and may not be sold, combined or otherwise shared with any other person or business.
If you violate any of these limitations, we may terminate any your User Account. If we terminate your User Account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in under your User Account, your User Account may be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Accuracy of Billing and Account Information
You agree to provide current, complete and accurate purchase and account information for all purchases. You agree to update promptly your account and other information, including your email address, credit card numbers and expiration dates, so we can complete your transactions and contact you as needed.
Your Conduct on the Site
The Site is private property. All interactions on the Site must be lawful and must comply with these Terms of Use. To the extent your conduct (as judged by us in our sole discretion) restricts or inhibits any other User from using or enjoying any part of the Site, we may limit your privileges on the Site and seek other remedies, which include, but are not limited to, terminating your account and use of the Site and retaining all fees paid to us by you for the Services and/or your use of the Site. As a condition of your use of the Service and the Site, you agree that:
- You will not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, content, software, products or services obtained from or otherwise connected to our Site or Service;
- You will not reverse engineer, decompile or modify the Site, in whole or in part or otherwise use the Site or the information contained therein or results derived therefrom to develop any products or services that could be competitive with the Site, the Service, or any other products or services provided by Company or its affiliates;
- You will not tamper or interfere with the proper functioning of the Service or any part, page or area of the Site and any and all functions and services provided by Company, including any manner that could damage, disable, overburden or impair the Site;
- You will not alter, remove, or otherwise hinder the delivery of any copyright, disclaimer, or other proprietary notice appearing on the Site or the Service; and
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- You will not submit any purposely inaccurate information, committing fraud or falsifying information in connection with your Company Account;
- You will not attempt to scan or test the security or configuration of the Site or to breach security or authentication measures without proper authorization;
- You will not use the Service, the Site or any of its contents to disparage third-party users, to harass abuse or harm another person or entity, or to compete, directly or indirectly, with Company;
- You will not aggregate any content or other information from the Site (whether using links or other technical means or physical records associated with purchases made through the Site) with material from other sites or on a secondary site without our express written permission;
- You will not deep-link to any portion of the Site without our express written permission;
- You will not violate the copyright, trademark, service mark or other intellectual property rights of a third-party in connection with your use of the Site or Service; and
- You will not use the Site or Service if you are under the age of 18.
Illegal Activity
The Site may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations. You may not register under a false name.
Company has the right, but not the obligation, to monitor any activity and content associated with the Site and investigate as it deems appropriate. Company may also investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of Service, termination of your User Account, retention of all fees paid to us by you for our Service and/or your use of the Site, denying access and/or removal of any materials on the Site. Company reserves the right and has absolute discretion to remove, screen or edit any content that violates these provisions or is otherwise objectionable.
Company also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators or other third-parties. In order to cooperate with governmental requests, to protect Company’s systems and customers or to ensure the integrity and operation of Company’s business and systems, Company may access and disclose any information it considers necessary or appropriate, including, but not limited to, End User contact details, IP address and traffic information, usage history and posted content.
Availability of the Site
You agree that from time to time we may modify or remove the Site, including any features therein, for indefinite periods of time at any time, without notice to you. While we use reasonable efforts to keep the Site and the Service accessible, the Site or the Service may be unavailable from time to time for any reason including, without limitation, routine maintenance. Company reserves the right to terminate your User Account and/or prevent you from using or accessing the Site at any time and for any reason. Company retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Service. We shall not be liable to you or any third-party should we exercise this right.
Accuracy, Completeness and Timeliness of Information
Although we strive for accuracy in all elements of the Site, it may contain errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping prices, shipping times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate at any time without prior notice (including after you have submitted your order). Company is not responsible for your reliance on any information or content found on the Site, and Company makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, and is not responsible for the conduct, whether online or offline, of any person using the Site, including any person’s violation of these Terms of Use.
Indemnity
You agree to fully indemnify and hold harmless Company and our group companies, shareholders, affiliates and licensors, and each of their respective employees, officers, directors, agents, licensors, suppliers, other partners and representatives from and against all claims, actions, causes of action, damages, fines, liabilities and losses and all related costs and expenses (including reasonable attorneys’ fees and other reasonable legal, investigative and expert consulting costs, fees and expenses) (collectively, “Losses”) based on or resulting from:
- any breach of the representations, warranties and covenants set forth above,
- any breach of the agreement formed under these Terms of Use;
- any violation of applicable law by you or any individual who uploads User Content on your behalf; or
- your User Content, including any claim involving alleged infringement or misappropriation of third-party rights by your User Content or by the use, development, design, production, advertising or marketing of your User Content.
Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER Company NOR ANY OF ITS EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (A) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE, (B) THE AVAILABILITY OR DELETION OF, OR FAILURE TO TRANSMIT, ANY USER CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SITE, (C) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE OFFERED THROUGH THE SITE OR (D) THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WITH RESPECT TO THE SITE AND ANY PRODUCTS, MERCHANDISE, OR SERVICES OFFERED THROUGH THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY PROVIDES A 30 DAY WARRANTY FOR DEFECTIVE ITEMS, SEPARATE FROM THIS DISCLAIMER OF WARRANTY, ACCESSIBLE ON SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR SERVICE, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, ANY CONTENT OBTAINED FROM THE SITE, EVEN IF Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY FOR CLAIMS ARISING UNDER THE TERMS OF USE EXCEED TWO HUNDRED AND FIFTY DOLLARS (US0.00). YOU ACKNOWLEDGE THAT COMPANY WOULD NOT PROVIDE ACCESS TO THE SITE IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Severability
If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.
Governing Law
Any disputes arising out of or related to these Terms of Use and/or any use by you of the Site or Service shall be governed by the laws of Virginia, without regard to its choice of law rules and without regard to conflicts of laws principles. You submit and agree to the personal jurisdiction of the state and federal courts located in Virginia.
Entire Agreement
This Agreement and the Privacy Policy constitutes the entire agreement, and supersedes all other agreements, oral or written, between the parties pertaining to the subject matter hereof and thereof.
