Terms and Conditions

ELECTRONIC COMMUNICATIONS

When you use Company Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Company Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Company Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Company Service is the exclusive property of the Company and protected by U.S. and international copyright laws.

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Company Service are trademarks or trade dress of the Company in the U.S. and other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company that appear in any Company Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.

LICENSE AND ACCESS

Subject to your compliance with these Terms and Conditions of Use, the Company or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Company Services. This license does not include any resale or commercial use of any Company Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Company Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by the Company or its licensors, suppliers, publishers, rightsholders, or other content providers. No Company Service, nor any part of any Company Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You may not misuse the Company Services. You may use the Company Services only as permitted by law. The licenses granted by the Company terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Company account to use certain Company Services, and you may be required to be logged in to the account and have a valid payment method associated with it. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

COPYRIGHT COMPLAINTS

The Company respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

RISK OF LOSS

All rentals of physical items from the Company are made pursuant to a rental agreement. This means that the risk of loss and title for such items pass to you upon our delivery to you. Please refer to the terms of said agreement for details. The risk of loss and title for items purchased from the Company also pass on to you upon successful completion of that transaction.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE COMPANY SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COMPANY SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE COMPANY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE COMPANY SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COMPANY SERVICES, COMPANY’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY COMPANY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY COMPANY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint using our online form. We respond quickly to the concerns of rights owners about any alleged infringement. If you prefer to submit a report in writing, please provide us with this information:

• A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Ethics

We expect all users to be honest and to respect the views of others. Treat others the way you would like to be treated. Information and activities on the Sites shall not: be false, inaccurate or misleading; be fraudulent or involve the sale of counterfeit or stolen items; infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); be defamatory, libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography; contain any viruses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; link to any other site that contains illegal material, or for which you do not have a right to link to or include.

Company Communications

The Company communicates through email or posted notices on our sites. As a Site user, you agree that all agreements, disclosures, notices, and other communications you receive electronically satisfy the legal requirements of letters and other traditional paper-based written communications.

Minors and Use of Our Site

If you are under 18, you may not place orders, and may only browse use the Sites with involvement of a parent or legal guardian.

Eligibility to Use the Site

The sites are open to anyone. We reserve the right to refuse service to anyone who violates the terms and conditions of use for this site. The approval of orders placed on a site is managed at the local store level.

Warranty & Limit of Liability

The Company, our subsidiaries, officers, directors, employees and suppliers provide the Sites and services “as is” and without any warranty expressed, implied, or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. Your specific legal rights may vary from state to state. Our liabilities are limited to the amount of fees you paid in the year prior to the action, giving rise to liability. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnification

You agree to indemnify and hold us and our parent company, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or because of, your performance or breach of this Agreement or your violation of any law or the rights of a third party.

Legal Compliance

You agree to comply with all applicable domestic and international laws and regulations regarding the use of our services.

Information Control

We do not control the information provided by users. Some of it may strike you as offensive, inaccurate, or misleading. So, be careful. Apply common sense when using our sites. And please be aware of the risks involved when dealing with underage users or those who have falsely represented themselves. By using our sites, you agree to accept these risks, and the Company is not responsible for the deeds of users of our Sites.

Copyright and Trademarks

All content and software on these sites, including – but not limited to – text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the exclusive property of The Company or its content and/or software suppliers, and are protected by United States and International copyright laws. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except your information) without the prior express written permission of the Company and the appropriate third-party. All trademarks not owned by the Company are the property of their respective owners. Trademarks may not be used in connection with any product or service that is not the Company’s, in any way that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. You may not use framing techniques to enclose any trademark, logo, or other proprietary information of the Company without our written consent.