Eligibility to Use the Site
Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Merchant, or other providers of such material and are protected by United States of America and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site ("Feedback"), then you hereby grant Merchant an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Site and create other products and services.
Merchant's name, logo, and all related names, logos, product and service names, designs and slogans are trademarks of Merchant or its affiliates or licensors. You must not use such marks without the prior written permission of Merchant. All other names, logos, product and service names, designs and slogans on the Site are the trademarks of their respective owners.
Prohibited Uses of the Site
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries). To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. To engage in any other conduct that restricts or inhibits anyone's use of the Site, or which, as determined by us in our sole discretion, may harm Merchant or users of the Site or expose them to liability. Additionally, you agree not to: Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site. Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site. Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent. Use any device, software or routine that interferes with the proper working of the Site. Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site. Otherwise attempt to interfere with the proper working of the Site.
Disclaimer of Warranties
THE SITE, INCLUDING WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL SUCH WARRANTIES WITH RESPECT TO THE SITE, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION. MERCHANT DOES NOT WARRANT OR REPRESENT THAT ANY MATERIAL ON THE SITE IS ACCURATE, COMPLETE, CURRENT, RELIABLE, OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. MERCHANT MAKES NO WARRANTY THAT THE SITE WILL MEET USERS' EXPECTATIONS OR REQUIREMENTS. NO INFORMATION OR MATERIALS, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MERCHANT OR ITS REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND UNDER ANY LEGAL THEORY (WHETHER IN CONTRACT, TORT OR OTHERWISE), ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE OF THE SITE; (B) YOUR INABILITY TO USE OR ACCESS THE SITE; (C) ANY INFORMATION, CONTENT OR FUNCTIONALITY OFFERED THROUGH THE SITE; (D) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (E) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, DEFICIENCIES OR OTHER INACCURACIES IN THE SITE; (F) ANY UNAUTHORIZED ACCESS TO, OR USE, DISCLOSURE OR ALTERATION OF, YOUR TRANSMISSIONS OF DATA INCLUDING, WITHOUT LIMITATION, YOUR PERSONAL INFORMATION OR CARD HOLDER DATA; (G) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (H) ANY EVENT BEYOND OUR REASONABLE CONTROL. OUR MAXIMUM LIABILITY IN RELATION TO ANY EVENT OR SERIES OF RELATED EVENTS WILL BE LIMITED TO $100.
Links to Third-Party Content
Any links on the Site to third-party websites are for your convenience only. If you use any links to third-party websites, you will be leaving the Site. Merchant does not monitor the content of any linked third-party websites and is not responsible for the operation, content, privacy practices or technologies used by such third-party sites. The fact that the Site may include links to third-party websites does not imply any relationship, sponsorship, endorsement, promotion, recommendation or warranty by Merchant of that third-party website or any products, services, or information available through such third-party websites. We may remove links to third-party websites from the Site at any time and without notice.
Information Privacy and Security
When you create an account on the Site, you will be required to provide us information about yourself, including your name, address, phone number, and email address, as well as payment information if you wish to make a purchase through the Site. You agree that the information you provide to us is accurate and that you will keep it up-to-date at all times. When you register for an account, you will also be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account profile and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, you must immediately notify us. You are solely responsible for the use of your account and for all charges incurred when using your account.
We have security measures in place that seek to mitigate risk, and use reasonable, appropriate, and customary procedures and technologies to help protect the confidentiality of any personal information collected through the Site. However, no website can be absolutely protected against intentional or malicious intrusion attempts despite our precautions. Furthermore, Merchant does not control the devices, computers, or network over which you may choose to send personal information or payment information to the Site, and therefore cannot prevent potential interceptions or compromises to your information while in transit to the Site. Merchant makes no guarantee as to the security, integrity, or confidentiality of any information transmitted to or from the Site. Merchant is committed to safeguarding your information to the best of its ability, but cannot guarantee the security of electronic communications or transmissions made over the Internet.
Term and Termination
Merchant reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. Merchant will have no liability for any change to the Site or any suspension or termination of your access to or use of the Site.
Consent to Electronic Communications. By providing us with your contact information, you agree to receive communications, including via e-mail, voice calls, and text messages from or on behalf of Merchant at the email address or telephone number you provided, even if that number is on a national or state "Do Not Call List." These calls will be for informational purposes, such as to verify your order or provide you with help or information on using the Site. Standard text messaging and telephone minute charges applied by your cell phone carrier may apply. Merchant may, without further notice or warning and in our discretion, monitor and/or record telephone conversations for our business purposes, such as quality assurance and training purposes and to protect our rights and the rights of others. IF YOU WISH TO OPT OUT OF MARKETING EMAILS, YOU CAN UNSUBSCRIBE BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE EMAIL ITSELF. IF YOU WISH TO OPT OUT OF TEXTS, YOU MAY REPLY "STOP" FROM THE MOBILE DEVICE RECEIVING THE MESSAGES. You understand that you may continue to receive communications while we process your opt-out request, and you may also receive a communication confirming the receipt of your opt-out request.