we provide a website in conjunction with third parties. In certain our stores, we may provide a wireless local area network for use by consumers.
These Terms and Conditions apply to your use of our website (or any successor or similar digital property such as an official app operated by us; or any other services that reference these Terms and Conditions) (the “Site”), the Wi-Fi Service (where offered), and any other services provided by us (individually or collectively, the “Service”). Use of the Wi-Fi Service is subject to additional terms specified in our Wi-Fi Terms of Service, which appear below.
our and its parent, affiliates, and licensees, and their respective officers, directors, employees, shareholders, agents, successors, assigns, vendors, retail partners and any other party involved in the creation, operation, production or transmission of the Site or provision of any other Service shall be referred to herein as "our Parties."
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE OR ANY OTHER our SERVICE.
1. Site User Eligibility.
The Site is available worldwide and may be operated from various locations both within and outside the United States of America ("USA"). Access to and use of the Site, including functionality and features available on the Site ("Features") and products and services available for purchase through the Site, however, may be inappropriate, prohibited or restricted in countries outside the United States or Canada. The our Parties make no warranty or representations that the Site or the Features are appropriate or available for access/use outside of the USA or Canada. If you access/use the Site from outside the USA or Canada, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the Site.
Users of all ages are welcome to browse the Site. However, if you are under the age of 13, you should not provide any information about yourself on or through the Site, including, but not limited to, your name, address, email address, phone number and other personal information.
2. Establishing an Account.
Users of all ages are welcome to browse the Site, however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some Features on the Site, you may be required to establish and use an account.
When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for your account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account and/or password shall be your responsibility.
3. Information You Provide/Submissions.
You hereby grant the our Parties a worldwide, irrevocable, non-exclusive, royalty-free, perpetual license to reproduce, disclose, transmit, modify, create derivative works of, adapt, publish, publicly perform and display, distribute, syndicate, sublicense and otherwise use User Communications in any manner whatsoever for any or all commercial or non-commercial purposes, with or without attribution or any compensation to you or any other party ("User Communications License"). The our Parties may, but are not obligated to, monitor or review any User Communications. The our Parties shall have no obligations to use, return, review, or respond to any User Communications or any liability related to the content of any such User Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise.
our retains the right to remove any or all User Communications that includes any material that our deems inappropriate or unacceptable.
By making a User Communication, you represent and warrant that (i) you own all right, title and interest in and to the User Communication, or you have the necessary approvals and permissions to grant the User Communications License described above, (ii) the User Communication, and the exercise by our (or other authorized parties) of the rights granted under the User Communications License in relation to such User Communication, does not violate applicable law or the intellectual property rights or other rights of others, including, but not limited to, patent, trade secret, copyright (including without limitation moral rights), trademark, publicity, privacy and contract rights of others and (iii) the User Communication does not contain software viruses, spiders, spybots, commercial solicitation, chain letters, mass mailings, any form of spam, or any other content that is prohibited under these Terms and Conditions.
We do not guarantee that User Communications will not be lost or damaged or that you will be able to retrieve User Communications.
4. Prohibited Submissions.
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 our may have at law or in equity, if our reasonably determines that you have violated or are likely to violate the foregoing prohibitions, our may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Site of the related materials. our will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing our to disclose the identity of anyone posting such materials.
5. Ownership and Permitted Use of Content.
The Site design and all text, graphics, information, trademarks, service marks, trade names, photographs, advertisements, content, and other material displayed on or that can be downloaded from the Site or any other Service (the "Content") are either the property of, or used with permission by, our. The ownership of all Content is retained by its owner. You may not (i) modify the information or materials located on the Site or accessible via a Service in any way or reproduce or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose, including marketing, or (ii) remove, obscure or otherwise deface proprietary notices appearing on any Content, including copyright, trademark and other intellectual property notices.
The Content is protected by copyright, trademark and other laws and international treaty provisions and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such Content. Any unauthorized use by you of such Content may subject you to civil and criminal penalties.
Certain trademarks, trade names, service marks and logos used or displayed on the Site or any other Service are registered and unregistered trademarks, trade names and service marks of the our Parties. Other trademarks, trade names and service marks used or displayed on the Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Site or any Service grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the displayed trademarks, trade names, service marks or logos without the written permission of our, it parent, affiliates, or other related or affiliated parties.
7. Prohibited Actions.
While visiting the Site and participating in, accessing and using the Features (cumulatively "Using the Site"), you must conduct yourself in a polite, courteous and respectful manner, comply with all applicable laws, rules and regulations and supply truthful and non-misleading information. For example, you may not, while Using the Site: request, or otherwise attempt to harvest, obtain or store, personal information, passwords, account information or any other type of information relating to other users; access or use another person's account; disguise the origin of User Communication; alter, modify, frame, or "mirror" any Content; create a deep-link to our Site by by-passing our Site's home page; use any data mining, robots, or similar data-gathering and extraction tools in connection with the Site; inhibit, disrupt, or otherwise prevent anyone from using or accessing the Site or interrupt any user's experience on the Site, including, but not limited to, acting in any manner that disrupts users' real-time exchanges; interfere with or disrupt the Site, or servers or network connections to the Site, disobey any requirements, procedures, policies or regulations of networks connected to the Site; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; or attempt to gain unauthorized access to the Site (or any portion thereof).
8. Availability of Products, Services, Features and Content.
All Features, Content, and products and services available on or through the Site or any other Service, including, but not limited to, prices of such products and services, are subject to change at any time without notice. In addition, any Feature, Content, product or service may be discontinued at any time in our sole discretion. The inclusion of any Features, Content, products or services in the Site or other Service 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, provincial, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any service or product purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
9. Accuracy of Information.
The our Parties take reasonable efforts to ensure that information on the Site or provided via any other Service is complete, accurate and current. Despite such efforts, however, the information on the Site or made available via a Service may be inaccurate, incomplete or out of date. Weights, measures, product descriptions, recommendations, commentary regarding products and similar descriptions are provided for convenience purposes only and may be approximations. The our Parties make efforts to accurately display the attributes of our products and services available for purchase, 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 our Parties make no representation as to the completeness, accuracy or timeliness of any information. For example, products included on the Site may be unavailable, may have different attributes than those listed, or, to the extent permitted by law, may actually carry a different price than that stated on the Site. In addition, we may make changes in information about price and availability without notice. While it is the practice of the our Parties to confirm orders by email, the receipt of an email order confirmation does not constitute acceptance of an order or confirmation of an offer to sell a product or service. The our Parties reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. The our Parties also may require verification of information prior to the acceptance and/or shipment of any order.
10. Shipment of Order.
Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Site (or any other Service) and Orders may be shipped through a third party shipper or fulfillment process. All purchases from this Site or other Service are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Site or a Service pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.
11. Linking to this Site.
Creating or maintaining any link from another website to any page on this Site without our's prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rule and regulations.
12. Applicability of Additional Terms and Conditions.
Additional or different terms and conditions ("Other Terms") may apply in connection with certain Features (e.g. testimonials, sweepstakes or contest entries) or another Service offered by us. If applicable, these Other Terms will be set forth (i) where you are permitted to submit Content, access or use Features or any other Service, or purchase products and services, or (ii) in a link adjacent to where you are permitted to submit Content, access Features, or purchase products and services. These Other Terms are incorporated into and made a part of these Terms and Conditions by reference. In the event Other Terms conflict with these Terms and Conditions, the Other Terms shall control with respect to the subject matter to which such Other Terms apply.
13. Third Party Links.
From time to time, the Site or other Service may contain links to websites that are not governed by these Terms and Conditions (the "Linked Sites"). All such links are provided solely as a convenience to you. If you use these links, you will leave this Site. The our Parties are not responsible for any content, materials or other information located on or accessible from any other website. The our Parties do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content, materials or other information located on or accessible from such websites, or the results that you may obtain from using such websites. If you decide to access any other website linked to or from this Site, you do so entirely at your own risk. You should review the policies and terms and conditions associated with Linked Sites closely before using, submitting information to such Linked Sites, and allowing children to visit Linked Sites.
14. Disclaimer of Warranty.
THE SITE AND ANY OTHER SERVICE PROVIDED BY US ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, our AND THE OTHER our PARTIES DISCLAIM ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS: (i) OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; OR (ii) THAT ACCESS TO OR USE OF THE SITE OR ANY OTHER SERVICE OR ANY PART THEREOF WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL CODE, OR SECURE, OR THAT PROBLEMS WILL BE CORRECTED, EVEN IF our OR ANY OTHER our PARTY IS ON NOTICE OF SUCH PROBLEMS. YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, ACCESSED THROUGH USE OF THE SERVICE IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO THOSE THIRD-PARTY SITES AND RESOURCES.
15. Limitations of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE our PARTIES 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 OR INABILITY TO USE ANY SERVICE, OR THE RESULTS THEREFROM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING DISCLAIMER OF EXPRESS, IMPLIED OR STATUTORY WARRANTIES AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW (INCLUDING, E.G, AS PROHIBITED BY THE LAWS OF THE STATE OF NEW JERSEY OR THE PROVINCES OF QUEBEC OR ONTARIO). PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
our reserves the right to suspend or terminate your account (and, subject to applicable laws, delete the profile corresponding to such account and any accompanying content) or your use of the Site or Features or any other Service at any time, for any reason or for no reason. We reserve the right to change, suspend, or discontinue all or any aspect of this Site and Features, products and services available on or through the Site, or any other Service at any time without notice. You are personally liable for any orders that you place or charges that you incur or are made under your account prior to termination. We shall not be liable to you or any third party for any of the foregoing.
17. Governing Law and Dispute Resolution/Arbitration
To the fullest extent permitted by law, any claim, controversy or dispute arising out of or relating to the Site or any other Service, these terms or any other policies or other terms incorporated herein (including the breach, termination, enforcement, interpretation, enforceability, validity, or rights under any of any of the foregoing) (each, a “Dispute”) will be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its choice of law principles.
To the fullest extent permitted by law, you and our each agree to submit exclusively to confidential, binding arbitration in the event of a Dispute. The arbitration will be held in New York, New York on an individual basis and not as a class action. In the event that arbitration is not permitted by applicable law: (i) the parties expressly agree that any Dispute will be brought and heard solely and exclusively in the federal or state courts of competent jurisdiction located in New York County, New York and (ii) the parties waive any plea or defense that such courts of are not the appropriate venue or that they are not subject to personal jurisdiction of such courts.
To the fullest extent permitted by law and subject to the terms of the paragraph above regarding New York jurisdiction and venue: (i) you expressly waive any right you may have to arbitrate a dispute as a class action; and (ii) you also expressly waive your right to a jury trial. The arbitration will be administered by JAMS. You may obtain a copy of the rules of JAMS by contacting the organization. Each of us shall agree on one arbitrator to conduct the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator will be selected in accordance with the JAMS rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party.
Notwithstanding anything to the contrary in this Section, to the extent either party in any manner has violated or threatened to violate the other party’s intellectual property rights, the non-breaching party may seek injunctive or other appropriate relief in any state or provincial or federal court of competent jurisdiction.
The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state or provincial law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action
As stated above, to the fullest extent permitted by law, these terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE our PARTIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE OR PROVINCIAL STATUTE.
Additional Limit on Claims
Except as otherwise prohibited by law, any Dispute must be brought within one (1) year from the date the cause of action arises.
To the extent that any portions of Section 17 are prohibited by law (including, without limitation, as may be prohibited by the laws of the Provinces of Quebec and Ontario, Canada). Please refer to your local laws for any such prohibitions, then such portions shall be modified to the extent possible and necessary to preserve the original intentions of this Section, and the validity or enforceability of the remaining portions of this Section 17 shall not in any way be affected or impaired thereby.
You may not use the Site or any Service to import, export re-import or re-export materials or other content in violation of any applicable laws or regulations including without limitation United States and Canada import and export laws and regulations.
If any provision of these terms is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
These Terms and Conditions and any other policies or other terms incorporated herein, constitute the entire agreement between you and our relating to your use of the Site or any other Service and the use, handling, and rights to User Information or personal information submitted or provided by you, superseding any other agreement between you and our with respect to the subject matter hereof. Section headings in these terms are for convenience only and have no legal or contractual effect. If any provision of these terms or any other policies or other terms incorporated herein shall be found to be unenforceable, the other provisions shall still remain in full force and effect.
A printed version of these terms or any other policies or other terms incorporated herein shall be admissible in judicial and administrative proceedings based thereon to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
19. Contact Us.
For issues or questions related to the Site or any other Service or these Terms and Conditions please send an email to us. Representatives are available 24 hours a day, 7 days a week.