Modifications of This Terms & Conditions
The Company reserves the right to change, modify, amend and/or update this Terms & Conditions at any time with or without prior notice. Your use of this Website following any such changes, modifications, amendments and/or updates constitutes your un-conditional agreement to follow and be bound by this Terms & Conditions as so changed, modified, amended and/or updated. You are responsible for reviewing this Terms & Conditions each time you use or access any portion of this Website.
The Company is not affiliated or associated with the sponsors, owners or producers of any third party websites linked to or from this Website. These linked sites are not under our control and The Company explicitly disclaims any responsibility for the accuracy, content or availability of the information, products, and/or services found on or through such third party sites. The Company does not endorse and has not taken any steps to confirm the accuracy or reliability of any of the information, products or services con-tained on or through such third party sites.The Company does not make any represen-tations or warranties as to the security of any information (such as credit card and other sensitive information) you might give on any third party site.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Web-site is intended solely for use and access by persons residing in the United States, its territories and possessions. The Company makes no representations or warran-ties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
The Website and its contents are intended solely for personal use. Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of this Web-site are copyrights, patents, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by The Company or by third parties who have licensed their materials to The Company and are protected by U.S. and international intellectual property laws. The compilation (i.e., the collection, arrangement and assembly) of all materials on this Website is the exclusive property of The Company or its licensors and is protected by U.S. and international copyright laws. Except as solely provided in the next sentence, no material from any portion of this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. You may down-load one copy of the materials on any single computer for your personal use only, pro-vided that:
- you keep intact all copyright and other proprietary notices
- you do not use the materials in a manner that suggests an association with any of our products, services or brands
- you make no modifications to the materials.In addition, you agree not to :
- use or access this Website for any purpose that is unlawful or prohibited by this Terms & Conditions
- use or access this Website in a manner that could damage, disable, overburden, or im-pair any Company server or the networks connected to any Company server
- interfere with any third party's use of this Website
- attempt to gain unauthorized access to accounts, computer systems or networks con-nected to any Company server through hacking, password mining or any other means.
The Website sells products to adults, who can purchase with a credit card. If you are under 18, you may use the Website only with permission of a parent or guardian. The Company and its affiliates reserve the right to refuse service or cancel orders in their sole discretion.
Use of certain features on the Website might be limited and/or require registration. The Company will review and determine, in The Company’s sole discretion, whether to ac-cept your registration. The Company shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website at any time for any reason. Upon ac-ceptance of your registration by The Company, you may select your user ID and pass-word (collectively "Password") for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information.
The Company reserves the right to require you to periodically change your Password. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify The Company immediately about any unauthorized use of your Password or any breach of security. You further agree that The Company shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than The Company.
THIS WEBSITE IS PROVIDED BY The Company ON AN "AS IS" AND "AS AVAILA-BLE" BASIS. The Company MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION INCLUDED ON SUCH WEBSITE. The Company DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM IN-TEGRATION AND FREEDOM FROM COMPUTER VIRUS. The Company DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEB-SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEB-SITE AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS INCLUDING VIRUSES. The Company DOES NOT MAKE ANY REPRESENTATIONS OR WAR-RANTIES THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE IS AT YOUR SOLE RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL The Company OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF The Company HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT The Company, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL The Company BE LIABLE FOR ANY DAMAGES IN EXCESS OF AN ORDER OF THE AMOUNT OF FIFTY UNITED STATES DOLLARS ($50.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CON-DITIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD The Company AND ITS OWN-ERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTOR-NEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS & CONDITIONS.
The Company shall have the right to terminate your access to, and use of, the Website immediately, if, in its sole discretion, The Company believes that your conduct fails to conform with this Terms & Conditions. The Company also reserves the right to investi-gate suspected violations of this Terms & Conditions, including without limitation any violation arising from any submission, posting or e-mails you make or send to the Web-site. Upon termination of this Terms & Conditions, all rights granted to you under this Terms & Conditions will cease immediately, and you agree that you will:
- immediately discontinue use of the Website(s)
- as applicable, pay any amounts owed to The Company in full within thirty (30) days from the date of such termination.
This Terms & Conditions shall be governed by and construed under the laws of the State of Texas, without regard to conflicts of laws principles. YOU AGREE THAT JU-RISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR IN-DIRECTLY ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE USE OR ACCESS THEREOF MAY BE IN THE STATE OR FEDERAL COURTS LOCATED IN DALLAS COUNTY, TEXAS.
Commencement of Actions
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO THIS WEBSITE MUST BE COMMENCED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
The failure of The Company to act with respect to a breach of this Terms & Conditions by you or others does not constitute a waiver and shall not limit The Company’s rights with respect to such breach or any subsequent breaches. Neither the course of con-duct between the parties nor trade practice shall act to modify this Terms & Conditions. The Company may assign its rights and duties hereunder to any party at any time with-out any notice to you. This Terms & Conditions may not be assigned by you without The Company’s prior written consent. If any provision of this Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. This Terms & Conditions may not be modi-fied except in writing, signed by both parties.
The Company's POLICY REGARDING EMAIL AND OTHER COMMUNICATIONS
Email and Other Communications
In connection with your use of the Website, you consent to The Company recording any communication, electronic or otherwise, between you and The Company and re-taining any information and data you submit while using the Website.
In using the Website, you may be permitted to communicate electronically with The Company by sending electronic mail to The Company; however, you acknowledge and agree that only general information or inquiries may be submitted to The Company via electronic mail and any other submissions or communications on or through the Web-site (e.g., the placement of orders) may be submitted only in accordance with the ex-press instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to The Company via e-mail as The Company cannot be responsible for responding to any such communications.
The Company may seek to gather information from the user who is suspected of violat-ing this Terms & Conditions, and from any other user. The Company may suspend any users whose conduct is under investigation. If The Company believes, in its sole dis-cretion, that a violation of this Terms & Conditions has occurred, it may edit or modify any e-mails, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. The Company will fully cooperate with any law enforce-ment authorities or court order requesting or directing The Company to disclose the identity of any users or any e-mails, or otherwise making available any materials that are believed to violate this Terms & Conditions. YOU WAIVE AND HOLD HARMLESS The Company FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY The Company DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER The Company OR LAW ENFORCEMENT AUTHORITIES.
ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY
If you believe that the Website contains materials that constitute copyright infringe-ment, please notify our Designated Agent in writing using the following contact infor-mation:
The General Manager
411 E. Royal Ln. Ste 110
Irving, TX 75039
Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copy-right infringement to our Designated Agent must be in the form of a written communi-cation that includes the following information:
- Your address, telephone number and e-mail address;
- Identification of the copyrighted work (or works) that you claim has been in-fringed;
- A description of the material that you claim is infringing the copyrighted work;
- A clear description of where the infringing material is located on the Website, including its URL, so that The Company can locate the material;
- A statement that you have a good-faith belief that the disputed use is not author-ized by the copyright owner, its agent or the law;