Acceptance of Terms.
We have the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. We can restrict access to any or all portions of the site or remove any information or content from the site at any time.
User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment.
If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. We reserve the right, in its sole discretion, to refuse service, cancel orders or terminate your account.
Risk of Loss.
The risk of loss for all products purchased from the site passes to Users upon the delivery of the products by us to the carrier.
Copyright and Marks.
All contents on the site (with the exception of content provided by our third party content providers) are the copyrighted and/or trademarked property of ours. Site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of ours. Users must retain all copyright notices and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner.
User expressly agrees to refrain from doing, either personally or through an agent, any of the following:
Use any device or other means to harvest information about other Users.
Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site.
Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User' or our employee's computer or other medium used to access the site.
Post any material on the site that is offensive to any other User. We maintain the exclusive right to determine what is offensive.
Post or store on the site any content that violates or infringes the intellectual property or other rights of others (including but not limited to copyrights, trademarks, trade secrets, patents, privacy and publicity rights).
Modify the information, including headers, found on the site.
Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication.
Engage in any action which we determine is detrimental to the use and enjoyment of the site.
Use the site for any unlawful or defamatory means.
Transmit, install, upload, post or otherwise transfer any information in violation of any local, state, national or international law or post any information that could result in civil unrest.
Attempt to access, or access, the personal information of another User which is stored on this site.
Permit any person to access this site using the User's password.
Attempt to, or access, this site using another User's password.
Disclaimer and Limitation of Liability.
Although we have attempted to provide accurate information on the site, including accurate product descriptions, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER We NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF US, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. We IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE.
IN NO EVENT WILL WE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.
IN NO EVENT WILL WE OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.
Third Party Content.
We are not the publisher or speaker of any information on the site that is provided by third party content providers, and we are not liable for any claims related to such information. Any mention in the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by us. We assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between such Users and such third parties, and are subject to any terms, conditions, warranties or representations associated with such dealings.
WE MAKE NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, We DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE.
We may from time to time and at its sole discretion post content on the site that has been submitted to us by User, including but not limited to product reviews or other comments (collectively, "User Content"). User may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content.
User grants us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in any media, any and all User Content. User also grants We the right to use the name submitted by User in connection with User Content, if We so chooses. User represents and warrants that User owns or otherwise controls all of the rights to the User Content; that the User Content is accurate; that use of the User Content does not violate this Agreement and will not cause injury to any person or entity; and that User will indemnify We for all claims resulting from the User Content. We has the right but not the obligation to monitor and edit or remove any User Content. We takes no responsibility and assumes no liability for any User Content.
User agrees to defend, indemnify and otherwise hold harmless, its affiliates and its and their respective officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site.
Users are prohibited from violating or attempting to violate the security of the site. We will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators.
Termination of Agreement.
We may terminate this Agreement at its discretion. In addition to our other rights, We may terminate access to this site or cancel membership in Winner's Circle or terminate access to any service that We provides on the site if User breaches this Agreement in any way or engages in conduct that We deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in paragraphs.
User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray us or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any our logo or other proprietary graphic or trademark as part of the link without express written permission. We reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other We proprietary information (including images, text, page layout, or form) or use any meta tags or any other "hidden text" utilizing We's name or trademarks without our express written consent.
We honor the intellectual property rights of others and asks the same of Users of the site. We may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide us with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to identify the material;
Information that is reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, e-mail address;
A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.