1.Privacy
Please review our Privacy Policy, which also governs your visit
to the Site, so that you may understand our privacy practices.
2. Purchase Related Policies
The products and services available on the Site, and any samples
thereof we may provide to you, are for personal use only. You
may not sell or resell any of the products or services, or
samples thereof, you purchase or otherwise receive from us. We
reserve the right, with or without notice, to cancel or reduce
the quantity of any orders that we believe, in our sole
discretion, may result in the violation of our Terms and
Conditions.
For additional policies related to orders placed through this
Site (such as order processing, shipping and handling, returns
and exchanges), visit our Customer Service page.
3. Accuracy of Information
We attempt to be as accurate as possible when describing our
products on the Site; however, to the extent permitted by
applicable law, we do not warranty that the product
descriptions, colors or other content available on the Site are
accurate, complete, reliable, current, or error-free
4. Your Obligations and Responsibilities
In the access or use of the Site, you shall comply with these
Terms and Conditions and the special warnings or instructions
for access or use posted on the Site. You shall act always in
accordance with the law, custom and in good faith. You may not
make any change or alteration to the Site or any Content or
services that may appear on this Site and may not impair in any
way the integrity or operation of the Site.
5. Submissions
It is our policy to decline unsolicited suggestions and ideas.
Notwithstanding our policy with regard to unsolicited
suggestions and ideas, any inquiries, feedback, suggestions,
ideas or other information you provide us (collectively,
"Submissions") will be treated as non-proprietary and
non-confidential. Subject to the terms of our Privacy Policy, by
transmitting or posting any Submission, you hereby grant us a
nonexclusive, royalty-free, perpetual, transferable,
irrevocable, and fully sub licensable right to use, reproduce,
modify, adapt, publish, sell, assign, translate, create
derivative works from, distribute and display any Submission in
any form, media, or technology, whether now known or hereafter
developed, alone or as part of other works. You also acknowledge
that your Submission may not be returned and we may use your
Submission, and any ideas, concepts or know how contained
therein, for any purpose including, without limitation,
developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own
or otherwise control the rights to your Submission. You further
represent and warrant that such Submission does not constitute
or contain software viruses, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may not use a
false email address, impersonate any person or entity, or
otherwise mislead us as to the origin of any Submission. You
agree to indemnify us for all claims arising from or in
connection with any claims to any rights in any Submission.
6. Representations and Warranties; Limitation of Liability
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO
THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT,
TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a)
INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR
DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE
PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (E) COMPUTER
VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN
CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK
TO OR FROM THIRD PARTY WEB SITES (F) ANY INACCURACIES OR
OMISSIONS IN CONTENT OR (G) EVENTS BEYOND OUR REASONABLE
CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR
OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY
EXCEED ONE HUNDRED DOLLARS ($100.00).
7. Indemnification
You agree to defend, indemnify and hold us harmless for any
loss, damages or costs, including reasonable attorneys' fees,
resulting from any third party claim, action, or demand
resulting from your use of the Site. You also agree to indemnify
us for any loss, damages, or costs, including reasonable
attorneys' fees, resulting from your use of software robots,
spiders, crawlers, or similar data gathering and extraction
tools, or any other action you take that imposes an unreasonable
burden or load on our infrastructure.
8. Disputes
With respect to any dispute regarding the Site, all rights and
obligations and all actions contemplated by these Terms and
Conditions shall be governed by the laws of Virginia, as if the
Terms and Conditions were a contract wholly entered into and
wholly performed within New York. Any dispute relating in any
way to your visit to the Site shall be submitted to confidential
arbitration in New York, except that, to the extent you have in
any manner violated or threatened to violate our intellectual
property rights or the intellectual property rights of our
affiliates, partners or licensors, we may seek injunctive or
other appropriate relief in any court and you consent to
exclusive jurisdiction and venue in any such court. Arbitration
under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The
arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this
Agreement shall be joined to an arbitration involving any other
party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
9. General
You acknowledge and agree that these Terms and Conditions, which
include our Privacy Policy, constitute the complete and
exclusive agreement between us concerning your use of the Site,
and supersede and govern all prior proposals, agreements, or
other communications.
We reserve the right, in our sole discretion, to change these
Terms and Conditions at any time by posting the changes on the
Site. Any changes are effective immediately upon posting to the
Site. Your continued use of the Site constitutes your agreement
to all such terms and conditions. We may, with or without prior
notice, terminate any of the rights granted by these Terms and
Conditions. You shall comply immediately with any termination or
other notice, including, as applicable, by ceasing all use of
the Site.
Nothing contained in these Terms and Conditions shall be
construed as creating any agency, partnership, or other form of
joint enterprise between us. Our failure to require your
performance of any provision hereof shall not affect our full
right to require such performance at any time thereafter, nor
shall our waiver of a breach of any provision hereof be taken or
held to be a waiver of the provision itself. In the event that
any provision of these Terms and Conditions shall be
unenforceable or invalid under any applicable law or be so held
by any applicable arbitral award or court decision, such
unenforceability or invalidity shall not render these Terms and
Conditions unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, our original
objectives and intent as reflected in the original provision.
