Products Disclaimer and Warranties
Some products are offered via Amazon.com and others. I
operate my Site in association with Amazon.com and others. Amazon.com and others are directly and solely responsible
for all products sold via my Site.
Some of the products that I offer will vary in color,etc.
Photographs of certain products cannot accurately depict the color of the product due to the limitation of photography
and reproduction of images on the Internet and your own computer monitor. The color change or difference from photo to photo
will vary in the amount of variation from product to product. Our photographs and descriptions of products can be used as
a general guideline, only.
I am therefore not held responsible for reasonable variations in color, appearance
or quality where those variations are a natural feature of the product that you have ordered.
I provide no warranties regarding any product you purchase.
The original manufacturer’s warranty shall apply to all purchases you make through this site.
General Terms
You must be at least 18 years of age to use our tools and services
or be under the direct supervision of your parent or guardian when you place any orders or use my tools or services. I
do not knowingly collect personal data or information from minors.
I refer my visitors to third party sites. I am not
responsible for the terms of service, business practices, products, services, privacy policies or any other aspect of such
third party sites. Please carefully review all written documentation provided regarding these issues at any site that I
refer you to.
Intellectual Property Provisions
All content provided within or via this Site is protected
by various US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property
laws and international treaties and agreements.
No intellectual property of any nature contained within or via
this Site may be copied, published, or broadcast in any way without the written permission of the content owner.
The content of this Site may not be “framed” or “mirrored”.
All trademarks presented on or via this Site are owned by their respective owners and may not be used by you in any way.
Disclaimer Regarding Functionality
All content, tools, functions and services provided via this
Site are provided on an “as is” basis and this Site disclaims any and all warranties, express or implied, including
those warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Such disclaimers may be limited by the laws of your state, and
if so limited, may not apply to you. No warranties of validity regarding any of the content provided herein this Site are
made and the operators of this Site have not independently verified the validity of any of the content presented herein this
Site. It is your duty to independently engage in due diligence to verify any and all claims presented within this Site.
Limited License for Personal Use
You are allowed to make one copy of the content of this Site
by downloading such material to your personal computer. You may not reproduce any content provided by this Site. Your license
to use a personal copy of this Site is revocable by the operators of this Site at any time upon notice to you at your last
known email address or by posting of a general notice on this Site to all users.
You may never use any of the content of this Site for a
commercial enterprise or resell any content provided to you within this Site.
Termination of Service
I reserve the right to terminate any and all service provided
to you at any time without notice for any reason I deem fit.
You agree that monetary damages may not adequately provide a
remedy for me if you violate any of the terms and conditions of this Agreement and you agree that we may approach a Court
of Equity of competent jurisdiction for the purpose of obtaining Orders in Equity should you violate any element of this Agreement.
Prohibited Content and Conduct
You understand and agree that use of the Internet means that
you are subject to the risk of receiving or viewing harmful offensive content and files. I do not promise that I
will review and edit all content or examine the products I sell for safety, quality, accuracy, or decency that you encounter
via my Site.
You may not:
- Engage in any conduct that is harmful to this Site.
- Violate the civil rights of any third party or entity.
- Violate any law of any nature.
Automatic Viewing or Usage of this Site
You may not use any automated scripts or “robots”
to access, copy, or manipulate any content provided on this site. You may not engage in denial of service attacks upon the
servers that publish this Site. You may not engage in any content that uses more than .01% of the hardware and software infrastructure
of this Site.
Links to Third Party Sites
I may provide links to third party sites; however, I
am not responsible for the content of such sites or their terms of use or privacy policies. Please carefully review the
terms of service and privacy policies of all such sites prior to usage. You assume the risk of any usage of such third party
sites.
Limitation of Liability: I am not responsible for any damages arising from your use of this Site,
or any tools, functions or services that this Site provides to you, or any product liability regarding products you purchase
through us, whether the cause of action be based on tort, breach of contract, or any other legal theory, including punitive,
actual, indirect, incidental or consequential damages of any nature or due to any cause of any nature.
You agree to hold me harmless from any loss or harm of any
nature due to your usage of this Site or any tool or service that I provide to you. You agree that you will never sue
or cause this Site to be sued for any reason or any legal theory whatsoever. Should you file any lawsuit against me or my
site, you agree that damages will be limited to that precise amount of money that you have paid me for services rendered
to you.
Jurisdiction
This Agreement, including all Disclaimers, will be governed by
and construed in accordance with the internal laws of the State of New York excluding that body of laws known as choice of
law or conflict of laws. Subject to the provisions of this Section all disputes, controversies or claims arising out of or
relating to this Agreement will be resolved through mandatory binding arbitration conducted by a dispute resolution service
mutually agreeable to all parties. If the parties fail to so select an arbitrator within thirty (30) days following the date
of either party's notice of demand to conduct arbitration, then any member of the American Arbitration Association will appoint
an arbitrator in accordance with their Rules and Procedures. The award of the arbitrator will be in writing and will set forth
findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and
may be entered in any court having jurisdiction thereof. The arbitrator's fees will be shared equally by the parties and each
party will bear its own costs and attorneys' fees. All papers, documents, or evidence, whether written or oral, filed with
or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential
information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend
or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing,
nothing in this Section shall prevent either party from applying for and obtaining from a court a temporary restraining order
and/or other injunctive relief. Any and all disputes regarding the content presented on this site must be resolved through
arbitration as set forth in this section.
Foreign Usage
I make no representation that the usage of this Site, or
the content provided herein, will not violate the laws of your local jurisdiction. You are responsible for the laws of your
jurisdiction, especially if you are accessing this Site from outside the United States of America (USA). Unless otherwise
stated, the contents of this site are published for the use and enjoyment of residents of the USA.
General Information
This Site may contain typographical errors or mistakes, and I
disclaim any responsibility for such errors and you agree to hold me harmless from any legal responsibility for such
errors.
I may revise or modify any portion of this Agreement at
any time without notice to you. You must read this Agreement each time you visit our site or use any tool or service that I
provide to you via this Site or elsewhere. Any usage of this Site or tools, functions or services that we provide you means
that you have read the most current version of this Agreement and you agree to be bound by the terms and conditions of the
latest version of this Agreement.
I may post user guidelines or rules on my site. If I
do publish such materials, they are hereby incorporated into this Agreement as if fully set forth herein.
Notice
Notices to you may be issued via electronic mail or by surface
mail, at my sole selection.
Intellectual Property Notices
You agree that you have been suitably noticed of any trademark,
trade dress, service mark, copyright, patent or any other intellectual property rights or property rights of any nature and
any violation by you of any such property rights is fairly deemed to be “willful” in nature.
All product names, marks, logos, symbols, and company names are
the property of their respective owners and subject to the protection of State, Federal and International laws and regulations.
