License to Use the Site
Restrictions on Use
You are responsible for your access or use of the Site.
Additionally, you may not access or use the Site through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the site for purpose of scraping, harvesting, mining, or other data extraction; and you may not access or use the site for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Site’s operations or interference with access to the Site and such as through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
Your Messages, Requests, or Other Comments or Content to or for Us
The Site may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.
Risk of Loss
All items purchased from the online store on and accessible through the Site are made pursuant to a shipment contract. The risk of loss and title to items pass to the purchaser upon our delivery of the items to the carrier.
Disclaimer of Warranties and Limitation of Liability
WE PROVIDE THE SITE (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE (OR ANY CONTENT ON IT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF US AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Governing Law and Jurisdiction
Other Legal Terms
Effective: May 7, 2010.
The Information We Collect and How We Use It
The Site is a general-audience website, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you should not and may not provide any personal information to us through or on the Site.
When you order online, we collect your name, shipping and billing addresses, telephone numbers, e-mail address, and preferred shipping methods in order to deliver your orders promptly and to the proper location. When shipment for a gift is made to someone else, we also collect the recipient's name and address. Your credit card information is used for billing purposes.
Throughout our site, we provide our customers with the opportunity to receive e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. We will always give you the option of whether or not to receive these. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.
The Site may allow you otherwise to contact us and submit a message, request, or other other comments or other content (individually and collectively, “User Message”) or make requests. During those processes, we may collect your name, name of your company or organization (if applicable), the nature of that company or organization (if applicable), address, city, state, e-mail address, and other contact or similar information. We may use that information to contact you in relation to the subject of your User Message. If you have indicated that you would like to receive e-mails or mailings from us apart from the subject of your User Message, we will use your contact information to send you e-mails or mailings that, for example, introduce new products, notify you of special offers, and announce upcoming promotions. If you would prefer not to receive such information in the future, please see the Removal from Mailings section.
We may release personal information when we believe release is necessary to comply with law. We may also exchange information with third parties for fraud protection and credit risk reduction.
We may use third party organizations that assist us in delivering electronic mail or coupons, providing customer service, or shipping products to you. They may use personal information to perform their functions.
If we acquire or merge with other companies, or were to be acquired, customer information is generally one of the transferred business assets.
We track IP addresses (the Internet address of your computer) for system administration purposes. IP addresses are logged per the user's session and help us determine how often areas on our site are visited. In most cases, we view and delete the information immediately. We never link an IP address to a specific customer.
The Site has security measures in place intended to protect the loss, misuse, and alteration of the information under our control. We are committed to the protection of your personal and order information. We use the Secure Socket Layer (SSL) to ensure that all the information you provide is encrypted and cannot be read as the information travels over the Internet. SSL is a worldwide industry standard for such sensitive transactions.
Removal from Mailings
To be removed from our e-mail or mailing lists, you may respond to the e-mails that we send out with your request for removal, or you may send an e-mail to email@example.com. There may be some lag time between our receipt of your request and our being able to update our lists. Thank you for your patience in this regard.
The Site may include links to other websites owned or operated by third parties. We may do this for the convenience of you and other users of the Site, but we do not have control over the operation of these third-party websites. Please consult those websites’ privacy policies or otherwise with the owners or operators of those websites to learn about any information collection or usage at or by those websites.
Notification of Changes
If at some point in the future, there is a change to our information usage practices that affect your personal information, we will post these relevant changes on the Site.
Effective Date: May 7, 2010