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The terms and conditions stated below, along with the policies and guidelines located throughout this site ("Site"), (collectively herein the "Terms of Use") identify what users of the Site ("User") can expect from the Site and what we expect from Users. By visiting any area on the Site or making a purchase via the Site, a User is deemed to have accepted the Terms of Use.
1. ONLINE CONDUCT
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If we are notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Company and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Providers") and any other User.
We reserve the right to prohibit or restrict conduct, communication, or Content that we deem in its sole discretion to be harmful to Users, the Company, the Company's affiliates, the Site, the communities that make up the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.
2. LICENSES AND RESTRICTIONS
The Company grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with the Company) of the Site. The Company further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of the Site so long as the link does not portray The Company, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
The foregoing are expressly prohibited; the right to do any of the foregoing shall require The Company's express written consent (which may include a written agreement signed by an authorized representative of The Company). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by The Company.
3. CONTENT
Proprietary Rights
User acknowledges that the Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
The Company is a distributor and not a publisher of Content supplied by third parties and Users. The Company has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of the Company or any Provider, unless expressly stated otherwise. Neither the Company nor any Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either the Company or any Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Site.
4. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws and regulations.
5. PRICES
The price for an item on the Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Company, the Company may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by the Company. Any purchases from any third-party sellers on the Site may be subject to different policies in the event of an incorrectly priced item.
6. RISK OF LOSS
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.
7. PRODUCT DESCRIPTION
The items offered for sale on the Site contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. The Company does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE COMPANY THAT IS NOT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
8. AGE OF USERS
The Company does not intend the Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). the Company relies upon Guardians to determine if any Content or items available on the Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Site only under the supervision of Guardian
9. TERMINATION OF USAGE
The Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in the Compan's sole discretion, including without limitation the Company's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, the Company, any Provider or another User.
In cases which the Company deems in its sole discretion to be egregious, the Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right use, access or create any account thereon; (ii) that the Company refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with the Company will be subject to the following conditions:
Other conditions may apply and shall be set forth in the Restriction Notice.
User agrees that the Company shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.
10. INDEMNITY
User agrees to indemnify and hold each the Company and any Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
11. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password/id confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address current because User will not receive messages from the Site about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's account.
12. NOTICES
User consents to receive electronic communications from the Site, whether addressed to the e-mail address associated with such User's account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL ANY PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
NO PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
14. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
15. APPLICABLE LAW; JURISDICTION
The Site is created and controlled by the Company in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of the Company and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Nassau and/or Suffolk County, New York and waives any objection to the laying of venue of any litigation in said courts
16. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or the Company may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Nassau and/or Suffolk County, New York or in the United States county where the defendant is located (in the case of the Company, Nassau and/or Suffolk County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Nassau and/or Suffolk County, New York).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
17. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the Terms of Use:
18. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and the Company regarding User's relationship with the Company and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the Site or making a purchase via the Site, a User is deemed to have accepted the Terms of Use.
19. MODIFICATION
The Company reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice.
1. ONLINE CONDUCT
User agrees to use the Site only for lawful purposes. User is prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If we are notified of any book, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material on the Site (collectively "Content") that is allegedly infringing, defamatory, damaging, illegal, or offensive, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of the Company and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Providers") and any other User.
We reserve the right to prohibit or restrict conduct, communication, or Content that we deem in its sole discretion to be harmful to Users, the Company, the Company's affiliates, the Site, the communities that make up the Site, or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content of any third party on the Site.
2. LICENSES AND RESTRICTIONS
The Company grants the User a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless User has a business relationship with the Company) of the Site. The Company further grants the User a limited, nonexclusive and revocable right to create a hyperlink to the home page of the Site so long as the link does not portray The Company, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell the Site, the Content or any portion or derivative thereof;
- commercially use the Site, the Content or any portion derivative thereof (unless User has a business relationship with The Company);
- copy or download any User's account information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to the Site or its systems;
- use any robot, spider, data miner, scraper or other automated means to access the Site or its systems for any purpose;
- interfere or attempt to interfere with the proper working of the Site;
- bypass any Company measures used to prevent or restrict access to any portion of the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Company;
- use The Company name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from the Site.
The foregoing are expressly prohibited; the right to do any of the foregoing shall require The Company's express written consent (which may include a written agreement signed by an authorized representative of The Company). Any unauthorized use of the Site, the Content or any portion or derivative thereof shall terminate any license or permission granted by The Company.
3. CONTENT
Proprietary Rights
User acknowledges that the Site contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and the Company owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
Third-Party Content
The Company is a distributor and not a publisher of Content supplied by third parties and Users. The Company has no more editorial control over such Content than does a public library or newsstand in the United States. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of the Company or any Provider, unless expressly stated otherwise. Neither the Company nor any Provider makes any representation, warranty or guarantee on the accuracy, completeness, or usefulness of any third party Content unless otherwise expressly stated. In many instances, the Content available through the Site represents the opinions and judgments of the third party that provides such Content. Under no circumstance shall either the Company or any Provider be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Site. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of the information, opinion, advice, or Content available through the Site.
4. EXPORT
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act -- and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws and regulations.
5. PRICES
The price for an item on the Site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of the Company, the Company may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
Please note that this policy regarding prices applies only to items sold and shipped by the Company. Any purchases from any third-party sellers on the Site may be subject to different policies in the event of an incorrectly priced item.
6. RISK OF LOSS
The risk of loss and title for all items purchased via the Site pass to the User upon delivery of the item to the carrier.
7. PRODUCT DESCRIPTION
The items offered for sale on the Site contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. The Company does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM THE COMPANY THAT IS NOT IS NOT AS DESCRIBED ON THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
8. AGE OF USERS
The Company does not intend the Site to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). the Company relies upon Guardians to determine if any Content or items available on the Site is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the Site only under the supervision of Guardian
9. TERMINATION OF USAGE
The Company may issue a warning, temporarily suspend, indefinitely suspend or terminate any User's right to use or access all or any part of the Site including any account thereon, without notice, for any reason in the Compan's sole discretion, including without limitation the Company's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, the Company, any Provider or another User.
In cases which the Company deems in its sole discretion to be egregious, the Company may provide written notice (a "Restriction Notice") to a User (a "Restricted User") to inform such Restricted User that (i) his or her right to use or access any part of the Site has been terminated including the right use, access or create any account thereon; (ii) that the Company refuses to provide any services to such Restricted User; and (iii) any subsequent dealings with the Company will be subject to the following conditions:
- Orders placed by a Restricted User ("Restricted Order") after the effective date specified in the Restriction Notice (the "Restriction Effective Date") shall be subject to cancellation.
- The Company will assess the Restricted User an administrative fee (the "Administrative Fee") set forth in the Restriction Notice for each Restricted Order submitted by the Restricted User after the Restriction Effective Date, regardless of whether the Restricted Order was fulfilled or cancelled. The Administrative Fee will equal an amount not less than $5.00 and will reflect the costs of handling any Restricted Order and of handling any personal or telephonic contact made by the Restricted User after the Restriction Effective Date.
- The Company shall be entitled to (1) charge the Administrative Fee against the payment method either used by the Restricted User to place the Restricted Order or stored by the Restricted User in the unauthorized account or (2) seek a judgment against the Restricted User for payment thereof.
Other conditions may apply and shall be set forth in the Restriction Notice.
User agrees that the Company shall be entitled to assess such Administrative Fee, to charge such payment method and to seek such judgment.
10. INDEMNITY
User agrees to indemnify and hold each the Company and any Provider harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such User's breach of the Terms of Use or User's violation of any law or the rights of a third party.
11. PASSWORD AND ACCOUNT SECURITY
Every User that has an account on the Site is responsible for (i) keeping his or her account password/id confidential and secured, (ii) restricting access to such User's computer; and (iii) keeping the e-mail address associated with that account current (User acknowledges that it is important to keep the e-mail address current because User will not receive messages from the Site about his or her orders and inquiries or other matters). User accepts full responsibility for all activities that occur within such User's account.
12. NOTICES
User consents to receive electronic communications from the Site, whether addressed to the e-mail address associated with such User's account or posted on the Site. User acknowledges and agrees that any communication via e-mail or by postings on this Site satisfies any legal requirement that such communications be made in writing.
13. DISCLAIMERS AND LIMITATION OF LIABILITY
THE SITE IS PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE, ITS SERVERS, OR E-MAILS SENT FROM OR ON BEHALF OF THE SITE ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS.
THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR ANY RELATED SERVICES. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY.
UNDER NO CIRCUMSTANCES SHALL ANY PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY'S RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE.
NO PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE SITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
14. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
15. APPLICABLE LAW; JURISDICTION
The Site is created and controlled by the Company in the State of New York. The laws of the State of New York will govern the Terms of Use, without giving effect to any principles of conflicts of laws.
Each of the Company and User agrees to submit to the nonexclusive personal jurisdiction of the courts located within Nassau and/or Suffolk County, New York and waives any objection to the laying of venue of any litigation in said courts
16. DISPUTE RESOLUTION
For any claim or controversy at law or equity that arises out of the Terms of Use, the Site or any service (each a "Claim") where the total amount of the award sought is less than $10,000 (excluding Claims for injunctive or other equitable relief), User or the Company may elect to resolve the dispute through binding arbitration conducted by telephone, on-line or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, any Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Nassau and/or Suffolk County, New York or in the United States county where the defendant is located (in the case of the Company, Nassau and/or Suffolk County, New York, and in the User's case either in the county of such User's home address or principal place of business, or if such address is not located in the United States, then in Nassau and/or Suffolk County, New York).
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
17. ADDITIONAL TERMS AND CONDITIONS
In addition to the policies and guidelines located throughout the Site, the following policies are incorporated into the Terms of Use:
- Privacy and Security Policies, also accessible on the Site.
18. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and the Company regarding User's relationship with the Company and supersedes any prior statements or representations. Headings used in the Terms of Use are for reference only and shall not affect the meaning of any terms. By visiting any area on the Site or making a purchase via the Site, a User is deemed to have accepted the Terms of Use.
19. MODIFICATION
The Company reserves the right to make changes to the Site, posted policies and Terms of Use at any time without notice.
