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PLEASE READ THESE TERMS
OF USE CAREFULLY BEFORE USING THIS SITE
You may use this Site only for legitimate shopping purposes or to communicate with us. You may not harm the Site in any way or otherwise use the Site in any improper manner, including, but not limited to hacking into the Site‘s systems, spoofing or faking email headers or slowing or stopping the functionality of the Site. In the event you register and/or purchase product, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form. If you provide any information that is untrue, inaccurate, not current or incomplete, or we suspect, for any reason, that such information is untrue, inaccurate, not current or incomplete, we may, in our sole discretion, suspend or terminate your account and refuse any and all current or future use of the Site. To register on our site you will create a password and account designation. You are responsible for all activities that occur under your password or account and you are responsible for maintaining the confidentiality of the password, the account, and for restricting access to your computer. If you are under the age of 18, you may use the Site only with involvement of a parent or legal guardian. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this paragraph. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
RISK OF LOSS
Items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and the title for such items pass to you upon our delivery to the carrier.
RESTRICTIONS ON USE OF MATERIALS
This Site contains copyrighted materials, trademarks and other proprietary information, including, but not limited to, text, photos and graphics, the worldwide rights to which are owned by us, our related entities, parents and our licensors or licensees. You may not use, copy, publish, upload, post (to a bulletin board or otherwise), transmit, distribute, or modify any contents of this Site in any way, except that you may download one copy of such contents on any single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends.
THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, AND ALL MATERIALS CONTAINED ON THIS SITE AND ANY OTHER SITE THAT LISTS OUR PRODUCTS, ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT: (A) THE CONTENTS OF THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS (INCLUDING PRICING, DESCRIPTION AND OTHER PRODUCT INFORMATION) WILL BE ACCURATE, RELIABLE, CURRENT OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENTS WILL BE CORRECTED; OR MISTAKES IN PRICING OR OTHER PRODUCT DETAILS WILL BE HONORED; (B) THAT THIS SITE, ANY OTHER SITE THAT LISTS OUR PRODUCTS OR THE SERVERS THAT MAKE SUCH SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (C) THAT YOUR USE OF THIS SITE OR OTHER SITE THAT LISTS OUR PRODUCTS WILL BE UNINTERRUPTED. DESPITE OUR BEST EFFORTS, FROM TIME TO TIME ITEMS ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS MAY BE MISPRICED. IF AN ITEM'S CORRECT PRICE IS HIGHER THAN THE LISTED PRICE, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CANCEL YOUR ORDER AND NOTIFY YOU OF SUCH CANCELLATION. IF A PRODUCT OFFERED ON THIS SITE OR ANY OTHER SITE THAT LISTS OUR PRODUCTS IS NOT AS DESCRIBED, YOUR SOLE REMEDY IS TO RETURN IT IN UNUSED CONDITION.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE THAT RESULT FROM, ARISE OUT OF, OR ARE IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE OR ITS CONTENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THIS SITE MAY PROVIDE, OR THIRD PARTIES MAY PROVIDE, LINKS TO OTHER WORLD WIDE WEBSITES OR RESOURCES. BECAUSE WE HAVE NO CONTROL OVER SUCH SITES AND RESOURCES, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DO NOT ENDORSE AND ARE NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH SITE OR RESOURCE.
You agree to indemnify, defend, and hold harmless, Adversity Solutions LLC, its affiliates, parents, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys‘ fees, resulting from any violation of this agreement by you. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.