Yes, you need a legal team to help you understand the fine print on our website. We're not screwing around here-this stuff is important! Trust us; we know what we're doing. These Terms of Use are a legally binding agreement between you and Wit & Wear, doing business as witandwear.groovekart.com ("we," "us," or "our"). These Terms of Use concerning your access to and use of our website and any other media forms, channels, mobile websites, or applications connected to it, we at this moment grant you a limited, revocable, non-transferable license to view said content (collectively, the "Site"). By accessing this Site, you confirm that you have read, understood, and agree to these Terms of Use. If you don't agree with any of these terms, you better get off this Site right now.
This document now incorporates by reference any other terms and conditions or materials posted on the Site. In case of any conflict, the provisions of this document shall control. We may amend these Terms of Use anytime and for any reason. For example, if we feel like it or the mood strikes us. We reserve the right to change these terms whenever we want and for whatever reason we deem fit. By modifying the "Last updated" date on these Terms of Use, you automatically agree to accept any changes we make without receiving explicit notice. So you gotta check these Terms of Use for modifications on the reg. By using the Site after we post the amended Terms of Use, you're telling us you're down with the changes.
No one should distribute or use the information on this Site if doing so would violate the law or require us to register in any state or nation. So, if you're accessing this Site from some weird corner of the world, it's your fault if you get in trouble with the law.
This Site is for 18-year-olds and older only. Sorry, kids, you'll have to find something else to do online.
All Content (the Site and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site) and Marks (trademarks, service marks, and logos contained therein) on this Site are either owned or controlled by us or licensed to us and protected by copyright and trademark laws. Unless expressly stated otherwise, using these materials without our prior written consent is strictly prohibited. And remember all those pesky intellectual property rights and unfair competition laws. The Site provides content and marks "as is" for your information and personal use. However, we cannot guarantee that this content and these marks will make you laugh out loud, pee your pants, or cause any other form of amusement. So, please don't copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or exploit for any commercial purpose anything on this Site unless it's expressly allowed. Get it? Got it? Good. Now try not to break this rule, or we'll have to get all legal on you.
If you are eligible to use this Site, we grant you a limited license to access and use the Site. This limited license includes the ability to download or print any portion of the content that you have proper access to for personal, non-commercial use. We're hogging this website; all the good stuff on it and any logos or trademarks are reserved by us.
By using the Site, you represent and warrant that: (1) All the registration information you submit will be true. If it's not, we'll know, and you're in for a world of hurt. So make sure everything you say is accurate, current, and complete, k?; (2) You will keep your information accurate and up to date like a good little human; (3) You have the mental capacity to understand these Terms of Use, and agree to obey them; (4) you are at least 18 years old, or whatever the age of majority is in your jurisdiction; and (5) You will not access the Site through automated or non-human means unless you are a robot or an alien (proof required).
If you give us the wrong info, your account might get canceled, and you won't be able to use this Site anymore. That includes future uses.
The Site may require a top-secret, super-sneaky registration. Please keep your password safe, or else we'll tell everyone that you're responsible for all account and password use. If we decide your username is filthy, disgusting, or repulsive, we may remove it, reclaim it, or change it.
We do our best to ensure that the colors, features, specifications, and details of the products on our Site are as accurate as possible. However, we do not guarantee that the items' colors, features, specs, and information will be accurate, complete, reliable, current, or error-free. We're confident that your electronic display may show some glaring errors. Also, we can't guarantee that our products will always be available. Sometimes, they disappear quickly. So, if you see something you like, we suggest grabbing it before it's gone! We may discontinue items for any reason. All product prices can vary.
We accept the following forms of payment:
We only accept current, complete, and correct purchase and account information for all Site purchases. You're out of luck if your information is anything less than that! You agree to promptly update your account and payment information, including email address, payment method, and payment card expiration date, so we can continue taking your money. Don't worry. We'll add sales tax to your purchases as needed. Prices may change from time to time. All payments shall be in good old U.S. dollars.
Upon placing your order, you authorize us to charge your credit card for all purchases and shipping fees at the then-current prices. In other words, you authorize us to bleed you dry! If you order something from us that has recurring payments, we'll charge your payment method without asking for your approval until you cancel. We may adjust the prices to reflect errors even after you've paid. Sorry about that!
We may reject your orders if we feel like doing so. We have the right to limit or cancel amounts by person, home, or order because we're moody like that. We know you're excited to get your hands on that new product you just ordered. Still, please refrain from trying to cheat the system by ordering from multiple accounts, payment methods, or billing or shipping addresses. Think again if you're looking to stock up on our products to sell them! We may limit or prohibit dealer, reseller, or distributor orders. Sorry to be a party pooper, but that's just our policy.
Know before you buy! Check out our return policy before committing to a purchase on our Site.
You can only use this Site for its intended purpose – which is probably pretty dull. But if you want to have some fun with it, feel free to use it for our permitted business activities. The Site wasn't made to be used for any of your shady little business ideas - no weird pyramid schemes or anything like that. If you've got a brilliant money-making idea, you'd better make sure it has our stamp of approval first!
As a user of the Site, you agree not to:
1. Go around systematically retrieving data or other content from the Site to establish or compile, directly or indirectly, a collection, compilation, database, or directory without permission. Why would you do that? Just why?
2. Use the Site for any nefarious activities, like stealing users' email addresses to spam them with unsolicited mail or creating fake profiles by automated means or under false pretenses. If you do, we will have to delete your account and ban you from our website. So please, don't do it.
3. Use a buying agency or purchasing agent to make Site purchases.
4. Refrain from trying to get around, deactivate, or otherwise interfere with security-related Site features, including measures that prevent or restrict Content use or copying or enforce Site and Content use limits. Security features on this Site are there for a reason.
5. Use this Site to sell your goods and services. Sorry, no hawking your wares here!
6. Link or frame the Site without our express permission. Otherwise, you will force us to take legal action against you.
7. Trick us or mislead other users - we're not stupid. Especially when it comes to sensitive account information like passwords.
8. Use our support services for evil or filing false abuse or misconduct reports.
9. Automate the system by sending comments or messages with scripts, data mining, robots, or other technologies. We're watching you, and we'll know if you try anything funny.
10. Do anything that would make the Site explode, or its networks and services go haywire.
11. Use another person's username or pretend to be them. That would be super awkward and probably get you in a lot of trouble.
12. Transfer or sell your profile. If you do, we'll kick you off of the Site.
13. Be a jerkface and use this Site to harass, abuse, or hurt someone. We're all friends here.
14. Compete with us or make any money off this Site.
15. Decode, take apart, deconstruct, or figure out any software related to this website.
16. Try to bypass the Site's security measures. Doing so could have serious consequences, like getting banned from the Site. Remember number 4?
17. Harass, irritate, or threaten our employees and agents. They are here to provide you with the best possible experience on our Site. Don't mess it up.
18. Remove any copyright or other property rights notices from the content. Otherwise, you'll be in big trouble with the law. And we all know how much fun that is.
19. Copy or modify the Site's Flash, PHP, HTML, JavaScript, or other code. If you do, you will be breaking the law, and we will have to sue you. No, really. We're serious.
20. Be a party pooper and try to upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material that could cause harm to our server. We all hate spamming, so please don't do it. Also, don't use excessive capital letters. IT'S JUST NOT COOL (see what we did there?). Interfering with other people's enjoyment of the Site is a big no-no. So play nice, or we'll have to revoke your privileges.
21. Upload or transmit any materials you could use to collect or transmit information - active or passive! This includes stuff like those pesky transparent graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms"). We're not kidding around here.
22. Under any circumstances, utilize, launch, build, or distribute any automated system - including any cheat utility, scraper, offline reader that accesses the Site, any unlawful script or other software, spider, robot, or other creature of the night – except as may be the result of regular search engine or Internet usage.
23. Say mean things about us or the Site. If you do, we will be distraught and may take legal action against you. So be nice, okay?
24. Use the Site in violation of laws or regulations. Unless, of course, you want to get into some serious trouble. In which case, go ahead and break all the rules – we're not your parents.
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other fun stuff. We may also allow you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Your contributions are visible to any individual who accesses this website or any other platform that displays it. So, if you ever wanted to show the world your lousy poetry or embarrassing baby pictures, this is your chance! Your Contributions may be non-confidential and non-proprietary. When you generate or share Contributions, you represent and warrant that:
1. Creating, distributing, transmitting, displaying, or performing your Contributions and accessing, downloading, or copying them won't infringe anyone's intellectual rights, including copyright, patent, trademark, trade secret, or moral rights.
2. You are the mastermind and proprietor of or have the appropriate licenses, rights, testaments, discharges, and permissions to utilize and allow us, the Site, and other Site users to use your Contributions in any manner intended by the Site and these Terms of Use.
3. You have the written approval, release, and/or permission of each identifiable individual person in your Contributions to use their name or likeness to allow and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your contributions are true, accurate, and not misleading.
5. Your Contributions are not junk mail, blatant advertising, pyramid schemes, chain letters, spam, mass mailing, or other types of stuff that would annoy people if they got it.
6. Your Contributions will not be obscene, vulgar, lascivious, filthy, violent, harassing, defamatory, slanderous, or otherwise unpleasant (according to our very subjective standards).
7. Contributions will not mock, degrade, intimidate, or abuse anyone. We all know how important it is to be sensitive to others, and we appreciate your efforts to ensure that your Contributions don't cross the line.
8. You will not utilize your contributions to promote political dissent, advocate, incite, or threaten physical harm. We reserve the right to remove any content that does not meet this standard.
9. Your Contributions won't break any applicable law, regulation, or rule.
10. You won't violate anyone's (or Third Party's) privacy or publicity rights with your contributions. We all know that would just be wrong.
11. Your contributions will not request personal information from children under 18 or exploit them sexually or violently in any way.
12. Your Contributions will not violate federal or state child pornography or child health or well-being laws.
13. Your Contributions will not contain any comments that could be considered offensive based on race, country of origin, gender, sexual preference, or physical impairment.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Violation of these Terms of Use may result in the termination or suspension of your rights to use the Site or Marketplace Offerings. So, you know, watch out for that.
By publishing your Contributions to any area of the Site or linking your account from the Site to any of your social networking accounts, you give us the right to do whatever we want with them permanently. No questions asked. We can use it, copy it, sell it, anything! Worldwide rights, baby! And you promise you have the legal right to give us this permission.
We hereby grant ourselves the right to use your name, company name, and franchise name, as applicable, and any trademarks, service marks, trade names, logos, and personal and commercial images you submit in any form, media, or technology in perpetuity. By agreeing to this license, you waive all rights to sue us for anything related to our use of your intellectual property. Furthermore, we promise not to use it for any evil purpose - like summoning dark forces from another dimension.
We don't own your Contributions. In fact, we're not even responsible for them. You own all your Contributions and any intellectual property or other proprietary rights associated with them. You agree that if your Contributions to the Site cause us any liability, you will forgive us and not sue us over them. We're not liable for anything. So if you screw up, it's totally on you. We love messing with people's Contributions! We'll edit, delete, or change them in any way we want, re-categorize them to make them better fit the Site, and pre-screen them or get rid of them anytime and for any reason. We don't have to monitor your Contributions. Unless, of course, you're planning on making a bunch of cringey, embarrassing posts. In which case, we reserve the right to step in and monitor your activity.
You might find some reviews and ratings on the Site. When posting a review, you must meet the following totally random and arbitrary criteria: (1) you must have firsthand experience with the person or entity you are reviewing. Otherwise, you're just making stuff up; (2) Your reviews should not contain profanity that could offend someone, or racist, offensive, or hate language. In other words, please keep it clean!; (3) Only positive, Discrimination-Free reviews allowed! No exceptions! So please, no references to religion, race, gender, national origin, age, marital status, sexual orientation, or disability. We want everyone to feel welcome and accepted here!; and (4) your reviews should not contain references to ill health.
We're the review police and are here to judge your every move. Accepted, rejected, or removed – we'll be watching you closely. We may not bother screening or deleting reviews, even if they're total crap. We don't necessarily approve of all the reviews out there. Some of them might not even reflect our or our partners' viewpoints. That's just the internet for you! We're not responsible for any review or its claims, liabilities, or losses. So if you read a bad review and suffer any consequences, don't come crying to us! You give us the right to do whatever we want with your stuff, forever, without paying you a penny. We can sublicense it, edit it, transmit it by any means, translate it, display it, perform it, and/or distribute it however we like.
As part of the Site's functionality, you can connect your account with accounts you have with other online services (each such account a "Third-Party Account"). There are two ways you can do this. By either: (1) Giving your username and password for your Third-Party account. And maybe a blood sample. Just kidding! We don't need your blood, promise; or (2) allowing us to access your Third-Party Account so we can poke around and see what's up. Subject to the applicable terms and conditions, of course. You promise that you can give us your login information for third-party accounts or give us access to them without breaking any agreements with the third-party service provider and without making us pay any fees or follow any usage limits set by the third-party service provider. By giving us the keys to your social media accounts, you're basically saying, "Hey, come on in and snoop around! Make yourself at home. Nope, we're kidding! Really!! By providing access to your third-party accounts, you are granting us permission to utilize the content stored in your third-party account (the "Social Network Content") for our own purposes. This is so that it's accessible on and through the Site via your account, including any friends lists. You also agree that we can submit to and receive from your Third-Party Account additional information to the extent we notify you. Depending on the privacy settings of the Third-Party Accounts you choose, the public may be able to see the personal information you upload to those accounts. If the third-party account or linked service decides to run off with its tail between its legs, we may never see your Social Network Content on or through the Site again! Aw shucks! You can bail on your Site account connection and break ties with all those Third-Party Accounts. Cut 'em loose! Bye, Felicia! PLEASE TAKE NOTE! YOUR RELATIONSHIP WITH THOSE WEIRDOS FROM THE 3RD PARTY SERVICE IS COMPLETELY CONTROLLED BY WHATEVER NECK-BEARD AGREEMENT YOU HAVE MADE WITH THEM. LET'S HOPE IT WAS A GOOD ONE, EH? We cannot be held liable for social media content that is false, unlawful, or infringes on another's work. WE ARE NOT RESPONSIBLE. You agree that we can access your email address book linked to a Third-Party account and your mobile device or tablet computer's contacts list. We do this to adequately identify you and annoy you with all the fantastic cats who've joined this awesome shindig we call a Site! Want to break up with us? No problem! Just hit us up or flick a few switches (we won't judge you) and your Third-Party Account will forget it ever even knew about the Site. We'll do our absolute darnedest to flush any Third-Party Account data from our systems – your username and photo are the only exceptions.
You agree that your pesky questions, sassy comments, genius recommendations, brilliant ideas, and awesome feedback ("Submissions") are fair game. We can do whatever we want with them! We claim exclusive dominion over any ideas or intellectual property submitted by you, which entitles us to use said creation as we please. We may take, keep, and share your Submissions for any reason (good or questionable) and won't even thank or acknowledge you—OR give you a single penny! It's legal - don't worry, we checked. You give up all rights to your Submissions and swear that these are truly your ideas, or you can legally send them. We kindly request that you don't take us to court if, by some crazy chance, your Submissions' proprietary rights are alleged, violated, or misused by us. If possible, we'd like to spare ourselves the hefty legal fees.
We don't have to, but we reserve the right to:
1. Be nosey and spy on this Site for any misbehavior against these Terms of Use.
2. Take 'no-nonsense' action against violators of the law or these Terms of Use, including snitching like a five-year-old.
3. In our infinite wisdom, we reserve the right to entirely reject, restrict your access to, hide away, or use all means necessary (our superpower tech skills) to disable any of your Contributions or even just part of them.
4. Without a whisper, warning, or apology, take down or disable all that big stuff from the Site and anything else that's just too much for our little ol' system to handle.
5. Otherwise manage the Site in a manner designed to protect us and keep our stuff secure.
We want to ensure the Site and Marketplace Offerings run as they should.
Protecting your information is super important to us, so take a gander at our Privacy Policy- it's the bee's knees! Agreeing to our Privacy Policy is like saying yes to a bazillion pages of tedious legal writing. Still, if you wanna use the Site or Marketplace Offerings, you gotta do whatcha gotta do! All of our incredible online goodies and goodies in the Marketplace are only available on this side of the pond in the United States. Are you in Europe, Asia, or another region with more data privacy laws than the US? If you continue to use this website, you are sending your data first class to the United States and subjecting it to processing there. We refuse to try and trap children into our evil web of marketing our beautiful products, nor will we collect any personal data from them. Thus, under the U.S. Children's Online Privacy Protection Act, any personal information given to us by a child under 13 without parental consent is erased! Gone like a puff of smoke! We ain't messin' around!
We always show respect for others' brilliant ideas. If you think your copyright has been violated because of something on this Site, whatever it is, please let us know - STAT! Just use the contact info provided below (a "Notification"). Your notice will be delivered post-haste to the poor, threatened soul who took so much time uploading or storing the delicate, precious item. If you exaggerate the facts or spin tales in a Notification, the federal government may make sure you pay for it (damages) --literally! If you're not 100% sure that this website's content infringes your copyright, seek an attorney – that way, you won't be livin' a lie.
These Terms of Use apply while you use the Site. Without getting all technical on ya, if we don't like what you're doing around here - no hard feelings – WE RESERVE THE RIGHT TO SEND YOU OUT OF THIS PARTY WITHOUT SO MUCH AS A GOODBYE! FEEL FREE TO SHOW YOURSELF OUT. THANKS. WE'LL ALSO BLOCK CERTAIN IP ADDRESSES FROM BOTHERING US FOR ANY REASON WHATSOEVER (AND EVEN FOR NO REASON AT ALL), INCLUDING BREACHING ANY OF THESE TERMS OF USE OR LAWS AND REGULATIONS. WE MAY TERMINATE YOUR USE OF OUR SITE AND ANY MARKETPLACE OFFERINGS, BUT NO WORRIES - WE PROMISE TO BE GENTLE! If we cancel or suspend your account, that's it. You're done. Don't create a new account using your name, a made-up person, someone else's name, or a third party, even with their permission. We did that for a reason - ya dig? Instead of just deleting your account and moving on, we might go to extreme lengths like pressing criminal charges, starting a lawsuit against you, making you pay us for hurting our feelings, or making you wear an embarrassing piece of clothing (not our clothing, of course). Just kidding…or are we?
We reserve the right to manipulate, alter, and delete Site content according to our whims - at any given moment or for no reason whatsoever. Our Site's information may not always be the freshest (meaning up-to-date), but we promise it won't stink! Additionally, we reserve the right to change or cancel our Marketplace Offerings at any moment's notice. We'll try to bring you those sweet Marketplace Offerings, but don't blame us if we have to change the price, take a break for maintenance, or even discontinue them. The Site and Marketplace Offerings may not always be available. Don't be surprised if you experience temporary outages, crazy delays, and other oddities on the Site due to hardware, software, or something else like our delicate maintenance work. We reserve the right to mix things up on the Site every now and then - shuffling, switching, rewriting, taking a break, or pulling the plug might happen without warning. You agree that you can't sue us if the Site or Marketplace Offerings are unavailable, so don't get mad at us if your shopping session is interrupted and you suffer some loss, damage, or inconvenience. Go watch some Netflix or something! We are under no obligation to support or update this Site or Marketplace Offerings under these lovely Terms of Use.
North Carolina law governs these Terms of Use and your use of the Site and Marketplace Offerings. Any agreements made and wholly performed within North Carolina without regard to its conflict of law rules are subject to the provisions of these terms.
Informal Negotiations
In order to not waste our precious time and money fussin' (dispute, controversy, or claim) about a legal battle related to these Terms of Use (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to have a little chat about any Dispute (except those expressly provided below) for at least thirty (30) days before heading down the arbitration path. Then, one Party sends the other a fancy invitation in crayon (notification in writing) to begin informal negotiations over tea and cake.
Binding Arbitration
Can't agree? Let's duke it out because if we can't settle this disagreement informally, arbitration is the only answer. Unless there's something else in the rules that says otherwise. YOU UNDERSTAND THAT WITHOUT THIS PART, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A TRIAL BY JURY. The arbitration will go down on neutral ground - like a courtroom, supervised by AAA and their crew of commercial dispute overseers. And they're not playin' around- the decision's gonna be FINAL! All arbitration initiation and conduct must follow the AAA Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("AAA Consumer Rules"). Both things (rules and procedures) are available if you search the official website – www.adr.org.
Don't worry; thanks to the AAA's Consumer Rules, you won't have to break the bank when coughing up cash for the arbitrator's salary and those glorious arbitration fees. There are a few ways to handle arbitration proceedings. Typically, you are nose-to-nose (in-person). But there are other options like:
When making up their mind, the arbitrator only has to fill people in on why they decided what they did if one of the parties is nosy enough to ask about it. If the arbitrator breaks any rules, there's potential for them to end up in court getting sued, like, whoa! The Arbitration will be held in Mecklenburg County, North Carolina - unless the AAA is like, 'Nope!' or Legislation says you gotta go somewhere else. If this Agreement does not prohibit it, Parties can bring a suit in court to either (a) force arbitration, (b) hold up proceedings until arbitration, or (c) confirm, adjust, remove or enter judgment on the arbitrator's award.
Suppose, for some bizarre reason, the dispute can't be ironed out via arbitration. In that case, the Parties agree that any and all court cases caused by this Agreement will only be tried and judged in the courts located in Mecklenburg County, North Carolina. The Parties irrevocably consent to and gleefully waive any excuses for not showing up, such as lack of personal jurisdiction or forum non-conveniens concerning venue and jurisdiction in these courts. These Terms of Service don't follow UCITA (Uniform Computer Information Transaction Act), the CISG (United Nations Convention on Contracts for the International Sale of Goods), or other obscure UN laws for international purchases.
A Site Dispute must be filed within one year of the action. If this clause is totally bogus (illegal) or unenforceable, neither Party will arbitrate any dispute within that domain. Instead, the Parties agree to be supervised by a competent court in the jurisdictions above.
Restrictions
The arbitration will solely focus on the beef (Dispute) between the Parties. Therefore, to the fullest extent permitted by law, (a) there will be no combining of arbitrations with any other proceeding, (b) no Dispute can be taken to court using any class-action tactics; and (c) no way, no how will anyone be allowed to bring any Dispute on behalf of the great people of the world or any other human beings - you can only speak for yourself.
Exceptions to Informal Negotiations and Arbitration
The Parties, in their infinite wisdom, have agreed that the pesky rules of informal negotiations and binding arbitration don't apply to any of the following Disputes:
It's all fun and games until someone files for an injunction. If this clause is totally bogus (illegal) or unenforceable, neither Party will arbitrate any Dispute falling within that domain, and the Parties agree to be subject to the supervision of a court of competent authority within the jurisdictions mentioned above.
On the Site, you might find hilarious typos or mix-ups in descriptions, prices, and availability of Marketplace Offerings. We reserve the right to correct errors and update this Site's data anytime.
Your use of the Site Services is entirely at your own risk - it is what it is. We provide the Site "as is" and "as available." Take it or leave it. WE CANNOT GUARANTEE THE SITE OR YOUR USE WILL BE WITHOUT GLITCHES OR PROBLEMS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND YOUR USE, INCLUDING THE ASSUMED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE CAN'T GUARANTEE ANYTHING ON THIS WEBSITE OR ANY WEBSITE LINKED TO IT IS 100% ACCURATE OR COMPREHENSIVE - BUT WE CAN GUARANTEE THAT IT'S AN ENTERTAINING READ! THEREFORE, WE CANNOT BE HELD ACCOUNTABLE FOR ANY (1) HICCUPS, GOOF-UPS, OR BLUNDERS IN THE CONTENT AND MATERIALS, (2) BOO-BOOS OR BROKEN STUFF THAT MAY COME ABOUT DUE TO YOUR FROLICKING AROUND ON THE SITE, (3) SNEAKY SNOOPERS WHO MANAGE TO GET INTO OUR FANCY-SCHMANCY SECURE SERVERS AND PILFER ANY PERSONAL OR FINANCIAL INFO STORED INSIDE, (4) HICCUPS OR TEMPORARY BLACKOUTS ASSOCIATED WITH OUR WEBSITE. WE CANNOT ENSURE THE QUALITY OF ANY PRODUCTS OR SERVICES PROVIDED BY A THIRD PARTY THROUGH THE SITE, HYPERLINKED WEBSITES, OR ANY WEBSITE OR MOBILE APPLICATION ADVERTISED IN A BANNER OR OTHER ADVERTISEMENT. WE WANT TO KEEP OUR DISTANCE AND OUR NOSES OUT OF SHADY BUSINESS. WHENEVER YOU'RE BUYING SOMETHING - BE IT ONLINE, IN A STORE, FROM A STRANGER, WHATEVER - MAKE SURE TO USE YOUR NOGGIN AND BE CAREFUL. DON'T GET SWINDLED BY SOME SHADY SALES GUY OUT AT THE FLEA MARKET OR ANYTHING LIKE THAT.
USING THE SITE IS COMPLETELY AT YOUR OWN RISK. SO DON'T EXPECT US OR ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS TO BE RESPONSIBLE TO YOU OR ANYBODY ELSE ON YOUR BEHALF IF SOMETHING GOES WRONG. WE ARE NOT RESPONSIBLE FOR ANY POSSIBLE HARM, INCONVENIENCE, OR TROUBLE THAT MAY BEFALL YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SIGNIFICANT, EXTRAORDINARY, MINOR, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUES, LOST DATA, OR OTHER LOSSES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE WERE WARNED ABOUT THE POTENTIAL FOR SUCH HARM. IF THESE STATE LAWS APPLY TO YOU, YOU MAY BE EXEMPT FROM SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You promise to have our backs ( defend, indemnify, and hold us harmless) when the heat is on. This includes all of our businesses (subsidiaries), accomplices (affiliates), and troopers (our respective officers, agents, partners, and employees) for any and all losses, destruction, responsibility, claims, or requests, including reimbursing any attorneys' fees and costs, from any and all third-party trolls because of or related to:
Even though we've said it all before, here's the deal: you gotta foot the bill if anything goes awry and we decide to play super-sleuth and put our Sherlock hat on by taking sole responsibility and authority over any issue. That's an ironclad agreement. You basically agree to be our knight in shining armor. Romantic, right? If we become aware of anything this indemnity covers, we'll give you the scoop!
We'll hang onto some of the stuff you give us on this here internet shop to make sure it runs smoothly so you can use it properly like a pro. Our backups are all great and regular and stuff, but it's ultimately your responsibility to keep an eye on all of the data connected to your Site shenanigans. You declare that we are now absolved of any blame if your data is lost or corrupted, and you solemnly swear not to sue us in court.
Electronic communications include Site use, emailing back and forth, and filling out and submitting forms. You agree to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we send you electronically, via email, and on the Site satisfy any legal requirement that they be written down - like, with a pen and paper. Do people still use those? YOU ACCEPT YOUR FATE OF DOING ALL THE PAPERWORK ELECTRONICALLY, SUCH AS ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE. You hereby forgo any laws, regulations, or rules imposed in any jurisdiction that necessitate a physical signature, the keeping of physical records, or the provision of payment or credit! But hey, don't worry - we've got your back with our super convenient electronic records.
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
These Terms of Use, plus any other rules and regulations on the Site, constitute a solid agreement between you and us. If we fail to exercise or enforce any of these Terms of Use, it does not waive our right to exercise or enforce them. Just follow the rules, man! Life is so much easier that way. We possess the superpower to transfer our rights and responsibilities whenever we please. We are not responsible for any loss, damage, delay, or failure to act due to factors beyond our control. Imagine if a dragon shows up and breathes fire all over the place. Dude, we can't fix that! If any of these Terms of Use is as illegal as your dance moves, invalid like a bad debt, or unenforceable like a piece of toilet paper being blown away by the wind - then that provision can be squeezed outta here without threatening the respectability or power of any other provision. These Terms of Use and your use of the Site do not create a partnership, joint venture, employment, or agency relationship between you and us - just to be clear, we ain't friends, we ain't family, and we ain't paying you no salary. Any questions?
Don't hesitate to get in touch with us to resolve a Site complaint or for Site use information:
PO Box 30751
Charlotte, NC 28230