When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on the Site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software is the property of the Company or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws. All software used on the Site is the property of the Company or its software suppliers and protected by United States and international copyright laws.
The Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of the Company or its affiliates in the U.S. and/or other countries. The Company’s trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates.
LICENSE AND SITE ACCESS
The Company grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. This license does not include any resale or commercial use of the Site or its contents; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and our affiliates without express written consent. You may not use any Meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. Any unauthorized use terminates the permission or license granted by the Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Company so long as the link does not portray the Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Site logo or other proprietary graphic or trademark as part of the link without express written permission.
PAYMENT TERMS, ORDERS, INTEREST
Terms of payment are within the Company’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by the Company prior to the Company’s acceptance of an order. All sales are final and no refunds will be issued. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by the Company. All Fees and other amounts are payable in U.S. dollars unless otherwise specified. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. The Company may invoice parts of an order separately. Any invoice not paid when due will be subject to a finance charge of one and one-half percent (1-1/2%) per month for the unpaid balance of the invoice. Your order is subject to cancellation by the Company, at the Company’s sole discretion. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by the Company in collecting past due amounts from you. The Company is not responsible for pricing, typographical, or other errors, in any offer by the Company and reserves the right to cancel any orders resulting from such errors.
SHIPPING CHARGES, TAXES, TITLE, RISK OF LOSS
Shipping and handling are additional unless otherwise expressly indicated at the time of sale. Loss or damage that occurs during shipping by a carrier selected by the Company is the Company’s responsibility. Loss or damage that occurs during shipping by a carrier selected by you is your responsibility. You must notify the Company within twenty-one (21) days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged. You are responsible for sales and other taxes associated with all orders. Shipping dates are estimates only. Title to all intellectual property rights will remain with the applicable licensor(s).
COMPLIANCE WITH LAW, NOT FOR RESALE OR EXPORT
You agree to comply with all applicable laws and regulations of the various states and of the United States. You agree and represent that you are buying only for your own internal use only, and not for resale or export.
NOT FOR USE BY MINORS
The Company does sell products or services for children, and the Site is not intended for use by children. If you are under 18, you may use the Site only with involvement of a parent or guardian. The Company and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
We may provide links to other sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. The Company does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE COMPANY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL 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.
Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Montgomery County, Texas, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award may not include punitive damages (or any damages of a similar nature) and shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
MODIFICATION AND SEVERABILITY
The Company respects the privacy of online visitors and only gathers personally identifiable data, such as names, addresses, e-mail addresses, etc. when voluntarily submitted by the visitor (to request information, for example). Such information may be used by the Company and related entities that are involved in the operation of this Site for internal purposes and is not sold or transferred to third parties.
You should be aware that this Site is not intended or designed to attract or be of interest to minors. We do not collect personally identifiable information from any person known by us to be under the age of majority. We recommend that parents supervise their children’s use of the Internet. We will not be responsible for any consequences should a child manage to visit our Site.
Only visitors who request information and/or e-mail will receive e-mail. We will make a reasonable effort to respond to e-mail inquiries in a timely manner but cannot guarantee that we will respond to all inquiries.
We utilize security measures to protect against the loss, misuse and alteration of the information under our control. Despite these safeguards, we cannot guarantee that our security will not be breached by new technology or techniques, or the unique application of established methods.
Personal, financial and/or credit card information that may be voluntarily submitted is used only for the purpose of completing the transaction to fulfill the user’s request for products and/or services offered on the Site.
IP ADDRESS INFORMATION
We may use your IP address to help diagnose problems with our server, and to create a body of statistical information on how the public uses our Site, and to help us administer our Site. IP address are used in the aggregate only, to determine broad demographic information.
The Site routinely collects and analyzes Website traffic information in order to understand user interests and to improve the value of the services available on the Site. Our Website logs of user traffic are not personally identifiable, and we make no attempt to link them with the individuals that actually browse the Site.