This Terms of Service (TOS) governs your utilization of the "Website" (referred to as "Web Site") along with the services and products we provide on the Web Site (collectively termed as "Services"). Therefore, we urge you to read it thoroughly. BY ACCESSING OR USING ANY SECTION OF THE WEB SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, COMPREHENDED, AND CONSENT TO BE BOUND BY THIS TOS. IF YOU DO NOT CONCUR WITH THESE TERMS, PLEASE REFRAIN FROM ACCESSING OR USING THE WEB SITE. INTERNET TECHNOLOGY, AS WELL AS THE RELEVANT LAWS, RULES, AND REGULATIONS, ARE SUBJECT TO FREQUENT CHANGES. THUS, WE RETAIN THE RIGHT TO AMEND THIS TOS AT ANY TIME. YOUR CONTINUED USE OF THE WEB SITE INDICATES YOUR AGREEMENT TO ANY NEW OR REVISED PROVISIONS OF THIS TOS THAT MAY BE PUBLISHED ON THE WEB SITE. Utilizing the Web Site and Placing Orders for Products.
Eligibility:- Unless explicitly stated otherwise, Services are exclusively available to individuals capable of entering into legally binding contracts as per applicable law. Minors are expressly prohibited from becoming Members and, unless specifically stated, from utilizing fee-based Services. Membership is defined as entering into a purchase agreement with us, where you, the consumer, acquire one of the products available on the Web Site. Membership is restricted to individuals who are 18 years of age or older. You acknowledge that it is your duty to comply with local laws and regulations.
License and Restrictions:- Subject to the terms and conditions of this TOS, you are hereby granted a limited, non-exclusive right to use the content and materials on the Web Site in the normal course of your use of the Web Site. You may not use any third party intellectual property without the express written permission of the applicable third party, except as permitted by law. The Website will retain ownership of its intellectual property rights and you may not obtain any rights therein by virtue of this TOSor otherwise, except as expressly set forth in this TOS. You will have no right to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit or sublicense from materials or content available on the Web Site, except as expressly set forth in this TOS. You may not attempt to reverse engineer any of the technology used to provide the Services.
Compliance:- You are required to adhere to all terms and conditions outlined in this TOS, the policies referenced below, and all relevant laws, regulations, and rules while using the Web Site.
Prohibited Conduct:- In your utilization of the Web Site and the Services, you are prohibited from: (i) infringing upon any patent, trademark, trade secret, copyright, right of publicity, or any other rights of any individual or entity; (ii) defaming, abusing, harassing, stalking any person, or disrupting or interfering with the security or use of the Services, the Web Site, or any websites linked to the Web Site; (iii) interfering with or damaging the Web Site or Services, including, but not limited to, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or electronic mail address information, or similar methods or technologies; (iv) attempting to use another user’s account, impersonating another individual or entity, misrepresenting your affiliation with a person or entity, including (but not limited to) the Website, or creating or using a false identity; (v) attempting to gain unauthorized access to the Web Site or sections of the Web Site that are restricted from general access; (vi) engaging, either directly or indirectly, in the transmission of “spam,” chain letters, junk mail, or any other form of unsolicited solicitation; (vii) collecting, either manually or through an automated process, information about other users without their explicit consent or any other information related to the Web Site or the Services; (viii) utilizing any meta tags or any other “hidden text” that incorporates the name, trademarks, or product names; (ix) advertising, offering to sell, or selling any goods or services, except as expressly authorized by the Website; (x) participating in any activity that disrupts any third party’s ability to use or enjoy the Web Site or Services; or (xi) assisting any third party in engaging in any activities that are prohibited by this Terms of Service.
Other Users:- If you become aware of any behavior that breaches this TOS, we encourage you to reach out to us. We retain the right, although we are not obligated, to respond to such communications.
License:- By posting, storing, or transmitting any content on or to the Website, you grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable right and license to utilize, copy, display, perform, create derivative works from, distribute, transmit, and sublicense such content in any form, across all media currently known or developed in the future, anywhere globally. You irrevocably waive any claims based on moral rights or similar theories, if applicable.
Objectionable Content:- We lack the ability to control the nature of user-generated content available through the Website. You are solely accountable for your interactions with other users of the Website and any content that you post. We will not be liable for any damage or harm arising from any content or your interactions with other users of the Website. We reserve the right, though we have no obligation, to monitor interactions between you and other users of the Website and to take any other actions to limit access to or the availability of any material that we or another user of the Website may deem to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable (including, but not limited to, violations of this TOS).
We strive to guarantee that the information presented on the Web Site is both complete and accurate; however, it is possible that this information may include typographical mistakes, pricing discrepancies, and other inaccuracies. We accept no liability for such errors and omissions, and we retain the right to: (i) withdraw any offer made on the Web Site; (ii) rectify any errors, inaccuracies, or omissions; and (iii) modify prices, content, promotions, product descriptions or specifications, or any other information on the Web Site.
Residents of Minnesota may be obligated by the State of Minnesota to pay additional taxes and fees resulting from their purchase of any products from us. If you acquire any products available on the Web Site (“Products”), you will be accountable for paying any applicable taxes associated with your purchase.
We reserve the right, though we have no obligation, to actively report and prosecute both actual and suspected credit card fraud. We may, at our discretion, require additional authorization from you, such as a telephone confirmation of your order and other relevant information. We retain the right to cancel, postpone, refuse to ship, or recall from the shipper any order if fraud is suspected. We collect certain information during the order process, including time, date, IP address, and other details that will be utilized to locate and identify individuals committing fraud. If any order placed on the Web Site is suspected to be fraudulent, we reserve the right, though we have no obligation, to submit all records, with or without a subpoena, to law enforcement agencies and to the credit card company for fraud investigation. We maintain the right to collaborate with authorities to prosecute offenders to the fullest extent permitted by law.
Copyright. All content on the Website, including but not limited to logos, designs, text, graphics, and other files, as well as their selection and arrangement, are either owned by us or are the property of our suppliers, licensors, or other entities. You are prohibited from using such materials without obtaining permission.
The associated design marks and other trademarks displayed on the Website are owned by us. Page headers, custom graphics, button icons, and scripts are trademarks or trade dress that we possess. You may not utilize any of these trademarks, trade dress, or trade names without our explicit written consent.
The "Website" may contain links to other websites on the Internet that are owned and managed by third parties. We do not have control over the information, products, or services provided on these third-party websites. The presence of any link does not suggest our endorsement of the respective website or any affiliation with the operators of that website. Since we lack control over such websites and resources, you acknowledge that we are not responsible or liable for the availability or functionality of these external websites, for any material found on or accessible from such websites, or for the safeguarding of your data privacy by third parties. Any interactions with, or participation in promotions offered by, advertisers on the Website, including the payment and delivery of related goods or services, as well as any other terms, conditions, warranties, or representations associated with such interactions or promotions, are solely between you and the relevant advertiser or other third party. Furthermore, you agree that we shall not be held responsible or liable, either directly or indirectly, for any loss or damage resulting from the use of or reliance on any such material available on or through any such site or any such interactions or promotions.
You are prohibited from deep linking to any sections of the Web Site, or from framing, inline linking, or displaying any of our properties, including, but not limited to, the Web Site. Additionally, you may not utilize any of our logos or trademarks as part of a link without obtaining explicit written consent.
Any comments, feedback, suggestions, ideas, or other submissions that you provide, submit, or offer to us in relation to your use of the Web Site will become our sole property. Such disclosure, submission, or offer of any Comments will constitute an assignment to us of all global rights, title, and interest in all patents, copyrights, trademarks, and all other intellectual property rights associated with the Comments, along with a waiver of any claims based on moral rights, unfair competition, breach of implied contract, breach of confidentiality, or any other legal theory. You will, at our expense, sign any documents necessary to effectuate, record, or perfect such assignment. Consequently, we will exclusively own all such rights, title, and interest and will not be restricted in any manner regarding the use, whether commercial or otherwise, of any Comments. You should refrain from submitting any Comments to us if you do not wish to assign such rights to us. We are and will remain under no obligation: (i) to keep any Comments confidential; (ii) to provide you or any third party with any compensation for any Comments; or (iii) to reply to any Comments. You are and will continue to be solely accountable for the content of any Comments you provide.
You agree to defend, indemnify, and hold harmless the Web Site, along with its subsidiaries, affiliates, and their directors, officers, agents, members, shareholders, co-branders, or other partners, employees, and Ad Partners, from any liabilities, losses, actions, damages, claims, or demands, including reasonable attorneys’ fees, costs, and expenses, made by any third party that directly or indirectly relates to or arises from (a) content you provide to the Web Site or otherwise transmit or obtain through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement, (e) your infringement of any rights of another, or (f) your failure to fulfill your obligations under this Agreement. If you are required to provide indemnification under this provision, we may, at our sole and absolute discretion, control the resolution of any Claim at your sole cost and expense. Furthermore, you may not settle, compromise, or otherwise dispose of any Claim without our consent.
DISCLAIMER OF WARRANTIES: - WE OFFER THE WEB SITE, PRODUCTS, AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT REPRESENT OR WARRANT THAT THE PRODUCTS, THE WEB SITE, THE SERVICES, THEIR USE, OR ANY INFORMATION CONTAINED THEREIN: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, (III) WILL SATISFY YOUR REQUIREMENTS, OR (IV) WILL FUNCTION WITH THE CONFIGURATION OR OTHER HARDWARE OR SOFTWARE YOU UTILIZE. WE MAKE NO WARRANTIES EXCEPT THOSE EXPRESSLY STATED IN THIS TOS, AND HEREBY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
EXCLUSION OF DAMAGES: - WE SHALL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES RELATED TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) THAT MAY ARISE FROM, BE RELATED TO, OR BE CONNECTED WITH THE USE OF THE WEBSITE OR PRODUCTS, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING. (f) LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY ARISING FROM, RELATING TO, OR IN CONNECTION WITH THIS TOS (INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO THE WEBSITE OR THE PRODUCTS) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FOR THE PRODUCTS.
You acknowledge and understand that if the Website is unable to deliver the Products due to a force majeure event, the Website shall not be considered in breach of any obligations to You under these Terms of Service. A force majeure event refers to any occurrence beyond the control of the Website. THE WEBSITE SHALL NOT BE LIABLE TO YOU, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR FAILING TO FULFILL ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE RESULTS FROM A FORCE MAJEURE EVENT.
Export Restriction. We manage the Web Site from our offices located in the United States of America. We do not guarantee that the Web Site or its content (including, but not limited to, any products or services available on or through the Web Site) are suitable or accessible for use in other regions. Users accessing the Web Site from outside the United States of America do so at their own discretion and must assume full responsibility for adhering to local laws, if applicable. Additionally, United States export control laws restrict the export of certain technical data and software to specific territories. No content from the Web Site may be downloaded in contravention of United States law.
All disputes arising from or related to this TOS (including its formation, execution, or alleged violation) or your use of the Web Site will be exclusively resolved through confidential binding arbitration conducted in Minnesota, following the Rules of the American Arbitration Association. The arbitrator’s decision will be binding and may be recorded as a judgment in any court of competent jurisdiction. To the maximum extent allowed by applicable law, no arbitration under this TOS will be consolidated with an arbitration involving any other party subject to this TOS, whether through class arbitration proceedings or otherwise. Notwithstanding the above, we reserve the right to seek injunctive or other equitable relief in state or federal court situated in Minnesota to enforce this TOS or to prevent the infringement of a third party’s rights. In the event that equitable relief is pursued, each party hereby irrevocably consents to the personal jurisdiction of such court. 15. Waiver of Class Action Rights. BY ENTERING INTO THIS TOS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTED WITH THIS TOS MUST BE ASSERTED INDIVIDUALLY.
You acknowledge and agree that, notwithstanding any statute or law to the contrary, any claim or cause of action you may have that arises from, relates to, or is connected with your use of the Web Site, must be filed within one calendar year after such claim or cause of action arises, or it will be permanently barred.
We reserve the right to alter or modify these Terms of Use at any time, and your continued use of this site will be subject to the Terms of Use that are in effect at the time of your use. You can always review the most current version of the Terms of Use on this page.
We reserve the right to terminate your access to the Web Site if we reasonably believe that you have violated any of the terms and conditions of this TOS. Upon termination, you will no longer be allowed to use the Web Site, and we may, at our discretion, cancel any pending Product Orders. If your access to the Web Site is terminated, we retain the right to take any measures we consider necessary to prevent unauthorized access to the Web Site, including, but not limited to, technological barriers, IP mapping, and direct communication with your Internet Service Provider. This TOS will remain in effect indefinitely unless we decide to terminate it, regardless of whether any account you create is terminated by you or us, or if you have the right to access or use the Web Site.
This TOS encompasses the complete understanding between you and us concerning the use of the Web Site, and it overrides all previous and simultaneous agreements and understandings between you and us related to this matter.
This TOS shall be binding on each party involved and its successors and permitted assigns, and it shall be governed by and interpreted in accordance with the laws of the State of Minnesota, without regard to conflict of law principles. You may not assign or transfer this TOS and all of your rights and obligations under it without our prior written consent. Any failure or delay by a party in exercising any right, power, or privilege under this TOS shall not be construed as a waiver of such right, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this TOS. You are recognized as an independent contractor, and this TOS does not intend to create or imply any agency, partnership, joint venture, or employee-employer relationship. The invalidity or unenforceability of any provision of this TOS shall not impact the validity or enforceability of any other provision of this TOS, all of which shall remain in full force and effect.