Effective Date: October 23, 2022
The text to the right of each section below is aimed to give a plain English summary of what’s contained in each section. Please ensure you read the entire agreement, as the plain English wording on the right is just a summary.
1. Price and Payment Terms
Pricing is subject to change without notice. Company reserves the right to limit quantities. Prices displayed on the Website are subject to final approval at the time of order fulfillment. Your total price for any Products purchased or rented will be stated on your e-mailed purchase receipt. Terms of payment are within Company’s sole discretion and payment must be received by Company prior to Company’s acceptance of an order. Prices are based on U.S. currency. Orders are not binding on Company until accepted by Company, and Company reserves the right to decline the acceptance of any order, including, without limitation, if the listed price of the Product is a mistake. Applicable sales taxes may be added to the final price you pay for any Products unless you provide Company with a valid and correct tax exemption certificate.
Currently, Company is not required to collect and remit sales tax for purchases of digital products through this Website in every state. Some states, however, require that their residents file a sales or use tax return for items purchased online. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Company uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Company does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed. In consideration of Company’s allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold Company and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by Company in calculating the taxes you owe for your purchases.
3. Delivery and Ownership
Company will arrange for delivery of your purchased Products via email within forty-eight (48) hours of your order confirmation, or once your payment is fully processed, whichever is later. Delivery will be made to the email address used for the purchase. All rights and to the Products remain with Company, and delivery of a Product to you constitutes permission to you individually (otherwise known as a limited license) to use the Product, but not a sale or other grant of rights to the Product. See the Intellectual Property section below for further terms regarding Company’s rights to all Products.
Unless specifically stated in the description for any Product, Company does not provide support for any Products. Company makes best efforts to make sure Products are accurate and up to date but cannot make any guarantees.
5. Product Description and Availability
Company may revise and discontinue Products at any time. Product availability is subject to change without notice. Company attempts to be accurate in its descriptions of Products. Company does not guarantee, however, that descriptions of Products or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Colors, patterns, sizes, and other visual features of Products might display differently depending on the device on which you view a Product. Images are shown for representational purposes only.
6. Refund Policy
Due to the electronic nature of the Products, COMPANY DOES NOT OFFER REFUNDS. However, your satisfaction is important to Company. If you are dissatisfied with any Product, please email email@example.com
7. Disclaimer of Warranties
You expressly agree that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding any Products or your use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Company will have no liability to you or anyone else for any interruptions, errors, computer viruses or other harmful components in the use of this Website. COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO ALL PRODUCTS, THE WEBSITE, AND THE INFORMATION PROVIDED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE EXTENT YOU MODIFY, DELETE, REMOVE, RE-WORD, OR OTHERWISE ALTER ANY PRODUCT AND INADVISABLE OR INCONSISTENT MODIFICATIONS MADE BY YOU, AND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE A PRODUCT OR THE CONTENT OF THE WEBSITE. COMPANY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT THE PRODUCTS MEET YOUR SPECIFIC REQUIREMENTS, THAT THE QUALITY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.
8. Limitations of Liability
UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE RELATED TO ANY PRODUCTS, YOUR MODIFICATIONS TO ANY PRODUCTS, YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, despite the previous sentence, liability is imposed upon Company, Company’s total liability to you or any third party will not exceed one hundred dollars ($100) or the total amount that you paid for any Products on the date your claim arose, whichever is greater. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.
You may have the option to create an account to participate in certain features of the Website. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password, contact information, or other account information, or another person’s name, likeness, voice, image, or photograph. You must promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.
10. our Warranties
You warrant and represent that all content added to the Website by you or at the instruction of you or your agents or representatives -- including, without limitation, messages, text, illustrations, files, images, graphics, photographs, comments, sounds, music, videos, information, and/or other content (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise maintain all necessary rights in order to add or upload such User Content.
12. User Content
Company is not responsible or liable for any User Content on the Website. User Content does not express the views of Company. Company does not guarantee that it will edit or delete User Content. Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior on or through the Website. Unless otherwise specified, Company does not claim ownership of the User Content on the Website. You acknowledge that Company is not responsible for the accuracy of any User Content and that you -- and not Company -- are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Company provides this Website for entertainment, informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website.
You acknowledge that public forums offered on the Website, if any, are for public and not private communications. You are and will remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.
By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website and/or Company’s promotional purposes. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with the Website or with Company. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Company may discontinue operation of the Website, or your use of the Website, in either case entirely or partially, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.
13. Compliance with Laws and Prohibited Uses
You assume all knowledge of applicable law and are responsible for compliance with all such laws. You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.
You are prohibited from posting or transmitting through the Website:
material that violates or infringes on the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other right of Company or of any other person or entity;
material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable;
material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation;
material that is an advertisement for goods or services or a solicitation of funds;
material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references;
material that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or “spam” of any kind;
material that, if used by Company, would cause Company to be liable or have obligation to a person or business; or
material that could facilitate mail abuse or unsolicited email of any type (spam)
material that could facilitate scraping, or systematic retrieval of data or other Website Content from this Website to create or compile a collection, compilation, database, or directory without Company’s express prior written permission is prohibited.
14. Intellectual Property
For clarity, Company and/or its licensors (as the case may be) is and will remain the sole and exclusive owner of all intellectual property rights in each Product and all content incorporated into each Product, and including, but not limited to, all copyright, trademark, and other intellectual property rights. You do not acquire any ownership of any rights in any Products by virtue of purchasing a Product. Any sale, distribution, transfer, copying, or unauthorized use of any Product to a third party for that party’s use is strictly prohibited.
15. Submission of Information
Although Company may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Company through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g., credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.
17. Restrictions on Use by Minors
If you are under 13, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. Company does not collect personally identifiable information from any person Company actually knows is under the age of 13.
18. Denial of Access
19. Modifications and Interruption to Service
Company will make its best efforts to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.
20. Third Parties and Third-Party Sites
21. Venue and Governing Jurisdiction
22. Other Terms