1. Use of Site
You acknowledge that there may be interruptions in service or events that are beyond our control. You further acknowledge that the Site does not independently confirm the accuracy of any information posted on the Site. While we use reasonable efforts to keep the Site accessible, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of our control Site access may be interrupted, suspended or terminated. The Company retains the right at our sole discretion to deny service, or access to the Site to anyone or an account, at any time and for any reason.
Everything located on or in this Site is the exclusive property of the Company or is being used with permission. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, SCRAPING, OR OTHERWISE MODIFYING OF THIS SITE (INCLUDING ANY INFORMATION CONTAINED THEREIN) WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE COMPANY IS EXPRESSLY PROHIBITED. Any violation of this requirement may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.
You agree not to upload, share, submit, post, transmit, email, send to or otherwise make available to the Site any content:
a) That is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
b) That is pornographic, depicts a human being engaged in actual sexual conduct or any material which is sexual in nature;
c) That harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) That impersonates any person or entity, including, but not limited to or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) That includes personal or identifying information about another person without that person's explicit consent and/or express permission;
f) That is false, deceptive, misleading, deceitful, argumentative, or misinformative in any way;
g) That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) That constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or any other unsolicited commercial advertisements;
i) That constitutes or contains any form of advertising or solicitation if: posted in areas of the Site which are not designated for such purposes; or emailed to the Site users who have not indicated in writing that it is acceptable to contact them about other services, products or commercial interests.
j) That contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
k) That disrupts the normal flow of dialogue with an excessive amount of Content (also known as a “flooding attack”) to the Site, or that otherwise negatively affects other users' ability to use the Site;
l) That employs false or misleading email addresses, forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site; or
m) To market, promote, or otherwise attempt to sell any products (tangible or intangible) through the Site that are unrelated to the core purpose of the Site.
2. Copyright and Trademark
This Site contains copyrighted material, trademarks 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 under the United States copyright laws. 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 personal use 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 the Company or the copyright owner is permitted. You will not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission.
The Site and any content contained therein is protected to the maximum extent permitted by copyright laws and international treaties including, but not limited to the Company’s website design and other related trade dress.
The content displayed on or through the Site is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of the Company.
You further agree not to reproduce, duplicate or copy any content from the Site without the express written consent of the Company, and agree to abide by any and all copyright notices displayed on the Site. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site.
You automatically grant and you represent and warrant that you have the right to grant, to the Company a royalty-free, irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, publicly perform, display, distribute, adapt, enhance, edit, translate, modify or reproduce from, any content that you upload, transmit to, or otherwise display on the Site, and to prepare derivative works of, or incorporate into other works in any medium now in existence or hereinafter developed without restriction for any purpose including commercial purposes without any compensation to you, said content, and to grant and authorize sublicenses of the foregoing without any acknowledgement or compensation to you.
Furthermore, by uploading, sharing, submitting, posting, transmitting, emailing, sending or otherwise making available to the Site any information, data or content, you automatically grant the Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to generate revenue from said content by any means now in existence or hereinafter developed including, but not limited to advertising, subscriptions, display, publication, periodicals and promotions without any acknowledgement or compensation to you. By accepting the terms of this Agreement, you expressly agree and acknowledge that you shall not be entitled to any compensation whatsoever nor shall you share in any revenue generated by any activities or usage of the Site, by any content uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Site by you at any time or by the Company itself.
Any content, data or information that is uploaded, shared, submitted, posted, transmitted, emailed, sent to or otherwise made available to the Site by you include, but are not limited to text, articles, comments, messages, forum postings, files, text, images, photographs, videos clips, sounds, data or any other information or data transmissible over the Internet. The Site includes any area or online resource that the user has access to and/or where the user has the ability to upload, share, submit, post, transmit, email, send or otherwise make available any content to the Site, Company computer servers or to the Company itself.
In addition, by uploading, sharing, submitting, posting, transmitting, emailing, sending or otherwise making available to the Site your content, you automatically grant Company all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of your content by any party for any purpose.
3. Account Creation
Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation. If we terminate your 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 connection with your account, your account will 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 and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
4. Site Content
The contents of the Site, such as text, graphics, images, and other material contained on the Site (the “Content”) are for informational purposes only. All users should conduct their independent due diligence regarding the actual pricing and availability of any product you wish to purchase through the Site. In addition, we reserve the right to ban or revoke the license of anyone engaging in activities which the Company determines, in its sole discretion, to be unacceptable. Such activities include, but are not limited to hacking, advertising, jamming, spamming, or employing robots, spiders, scripts, scrapers, crawlers through the Site.
In addition, while Company strives to ensure the accuracy of the pricing and data presented on the Site, it is possible that the products and packaging might differ slightly from the content presented on the Site. In the event that a product is listed with an incorrect price or product information due to typographical error or incorrect product information received from the supplier, Company reserves the right to cancel or refuse any orders placed for such product, regardless of order confirmation. Company assumes no liability for inaccuracies or misstatements contained on the Site.
5. Return Policy
Reasons for Return. You have within thirty (30) days after the shipping of your product to return it for qualifying Return Reasons as defined below. No returns will be accepted without prior approval from the Company. You must receive a Return Authorization Number from us before any return shipping occurs. Without a Return Authorization Number, the Company reserves the right to reject the return. All returns must come back with original manufacturer packaging and in resalable condition. The only exception is if the reason for the return is due to damage or defective product.
Please follow these steps to return a product to the Company:
Call or email the Company at 1-888-779-1908 ext 3, or use the contact form respectively. In the voicemail or email please provide your order number, product description, the reason for return. If you leave a voice mail, please provide your email address for communication purposes.
A Company representative will review your request. Upon approval, the Company representative will email you a Return Authorization Number and return instructions. Please note the specific return address will be contained in this important email.
You must carefully repackage the product into its original packaging and keep in resalable condition. Do NOT write on the original packaging whenever possible. Send the product back to the return address via a carrier that can track its delivery of the product to the Company (i.e. USPS, UPS, FedEx, etc.). The cost of shipping the returned product is your responsibility unless the return is due to damaged or defective product.
Once we receive the product, a Company representative will inspect it and determine the condition. If the Company representative has an issue with the condition, they will notify you. If there are no issues with the condition of the returned product, upon approval the Company will apply the appropriate refund/credit to the same credit card as was used to purchase the product. The Company will make reasonable efforts to process your return in a timely manner. If you have any questions about the Company’s return process, please email us using the contact form.
If you want to return a product due to an incorrect order on your part, or you changed your mind about the need for the product, the Company will take that product back under the conditions and steps set forth above. The Company will provide you with a complete refund of the purchase price of the product less the original outbound shipping costs. If the product was shipped to you without shipping costs (i.e. order was larger than $75), then we will deduct the original shipping costs to you from the refund due. Cost of shipping the return is your responsibility.
The Company expressly reserves the right to not accept returns of products that have sell by dates or are date sensitive, such as printer ink or dated goods like calendars. We will certainly take returns of such products if the return is due to manufacturer defect or the Company error.
6. Shipping Policy
The Company will use commercially reasonable efforts to adhere to the following pricing and shipping policies:
Orders are shipped within 3-4 business days after your order is placed. Orders need to be placed by 4pm local time to insure they can be shipped out within this timeframe.
Orders over $75 ship free. Orders under $75 are shipped at a flat rate of $13.99.
You will also receive an email with a link to check your order status. You can also log into your account through the Site and view your order status from there.
If you still have any questions, simply email us using the contact form. You can also call the Company at 1-888-779-1908 ext 3. It is our goal to provide a response within the same business day.
Most of our products will be delivered by UPS. For those products that are too big or fragile for UPS, you will be given a freight charge at the time of check out.
7. Pricing Policy
Promotions. The Company strives to provide you with competitive pricing and product selection. Nonetheless, the Company reserves the right to change prices from time to time based on manufacturer changes or market dynamics without notice. All products advertised for sale on the Company are subject to availability. If we are unable to provide you with the product for any reason, we will not charge you for that item. Company will not be held responsible for compensating you any losses that might incur do to this lack of product availability.
The Company strives to provide great value to its customers by having great prices, products and promotions. In some instances, the Company will use promotional codes to help execute limited and timely promotions. Company expressly reserves the right to limit both the timeframe and the amount of promotions and promotional codes we advertise. Company reserves the right to cancel orders that exceed the promotions parameters or product availability.
8. Disclaimer of Warranty
YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. NEITHER COMPANY, ITS SUBSIDIARIES AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, OWNERS, 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 (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, DATA, OR SERVICES PROVIDED THROUGH THIS SITE. THE SITE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY FURTHER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, BUT NOT LIMITED TO, THOSE OF DATA ACCURACY, TITLE, NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING SITE.
9. Limitation of Liability
10. Dispute Resolution
EACH PARTY EXPRESSLY WAIVES THEIR RIGHT TO A TRIAL BY JURY. By using this Site, you agree that any claim, dispute, or controversy you may have against the Company or any of its officers, directors, employees, agents, or affiliates arising out of, relating to, or connected in any way with this Agreement this Site shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator pursuant to the applicable Rules and Procedures established by AAA (“Rules and Procedures”). You agree further that: (a) the arbitration shall be held in Chicago, Illinois or at such other location as may be mutually agreed upon by you and the Company; (b) the arbitrator shall apply Illinois law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (c) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your and/or the Company’s individual claims; and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (d) with the exception of subpart (c) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures established by AAA, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
You agree that any claim against the Company arising out of this Agreement, your use of the Site, whether based in contract or tort or otherwise, for damages or any other time of remedy in law or equity, shall be brought within the later of one (1) year from the date the breach, act or failure to act by any person occurred, or within six (6) months of the date claimant knew or should of known of the breach, act or failure to act or failure to act by the party to be charged.
11. Third Party Websites
The Site may contain links to websites maintained by other parties. These links are provided solely as a convenience to you and not because we endorse or have an opinion about the contents on such websites. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites maintained by other parties, you do so at your own risk.
You agree not to take any action which is adverse to or could reasonably be expected to adversely affect the Company’s reputation. Should you take any action in violation of this non-disparagement provision (as determined in the Company’s sole discretion), you hereby agree to pay all costs to remedy such breach, including attorneys’ fees and the cost of reputation management or repair companies. You further agree to cooperate fully with the Company and its counsel with respect to any matter any breach of this non-disparagement provision. Given the difficulty in measuring the damages caused by a breach of this non-disparagement provision, you and the Company agree that the liquidated damages resulting from each individual breach of this non-disparagement provision shall be $10,000.
15. Miscellaneous Terms
No waiver by the Company shall constitute a waiver or forfeiture of any similar or future rights under our Agreement. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of our Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of our Agreement shall continue in full force and effect.