|
|
|
| |
|
Internet Ventures Online
("IVO") operates LeatherItemsPlus.com (the "Web Site").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB
SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE.
|
|
1.
|
|
Products, Content and
Specifications. All features, content, specifications, products and
prices of products and services described or depicted on this Web Site are
subject to change at any time without notice. Certain weights, measures and
similar descriptions are approximate and are provided for convenience
purposes only. We make all reasonable efforts to accurately display the
attributes of our products, including the applicable colors; however, the
actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The
inclusion of any products or services in this Web Site at a particular time
does not imply or warrant that these products or services will be available
at any time. It is your responsibility to ascertain and obey all applicable
local, state, federal and international laws (including minimum age
requirements) in regard to the possession, use and sale of any item purchased
from this Web Site. By placing an order, you represent that the products
ordered will be used only in a lawful manner. All videocassettes, DVDs and
similar products sold are for private, home use (where no admission fee is
charged), non-public performance and may not be duplicated.
|
|
2.
|
|
Shipping Limitations.
When an order is placed, it will be shipping to an address designated by the
purchaser as long as that shipping address is compliant with the shipping
restrictions contained on this Web Site. All purchases from this Web Site are
made pursuant to a shipment contract. As a result, risk of loss and title for
items purchased from this Web Site pass to you upon delivery of the items to
the carrier. You are responsible for filing any claims with carriers for
damaged and/or lost shipments.
|
|
3.
|
|
Accuracy of Information.
IVO attempts to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this Web Site
may occasionally be inaccurate, incomplete or out of date. We make no
representation as to the completeness, accuracy or currentness of any
information on this Web Site. For example, products included on the Web Site
may be unavailable, may have different attributes than those listed, or may
actually carry a different price than that stated on the Web Site. In
addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by e-mail, the
receipt of an e-mail order confirmation does not constitute our acceptance of
an order or our confirmation of an offer to sell a product or service. We
reserve the right, without prior notice, to limit the order quantity on any
product or service and/or to refuse service to any customer. We also may
require verification of information prior to the acceptance and/or shipment
of any order.
|
|
4.
|
|
Use of this Web Site.
The Web Site design and all text, graphics, information, content, and other
material displayed on or that can be downloaded from this Web Site are either
the property of, or used with permission by, IVO or and are protected by
copyright, trademark and other laws and may not be used except as permitted
in these Terms and Conditions or with the prior written permission of the
owner of such material. You may not modify the information or materials
located on this Web Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such materials for any public or
commercial purpose. Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of privacy and publicity,
and other laws and regulations. You are responsible for maintaining the
confidentiality of your account information and password and for restricting
access to such information and to your computer. You agree to accept
responsibility for all activities that occur under your account or password.
|
|
5.
|
|
Trademarks. Certain
trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service
marks of IVO and its affiliates. Other trademarks, trade names and service
marks used or displayed on this Web Site are the registered and unregistered
trademarks, trade names and service marks of their respective owners,
including and its affiliates. Nothing contained on this Web Site grants or
should be construed as granting, by implication, estoppel, or otherwise, any
license or right to use any trademarks, trade names, service marks or logos
displayed on this Web Site without the written permission of IVO or such
third party owner. VELCRO® is a registered trademark of Velcro Industries
B.V.
|
|
6.
|
|
Linking to this Web Site.
Creating or maintaining any link from another Web site to any page on this
Web Site without IVO's prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site in frames
or through similar means on another Web site without IVO's prior written
permission is prohibited. Any permitted links to this Web Site must comply
will all applicable laws, rule and regulations.
|
|
7.
|
|
Third Party Links.
From time to time, this Web Site may contain links to Web sites that are not
owned, operated or controlled by IVO, or their affiliates. All such links are
provided solely as a convenience to you. If you use these links, you will
leave this Web Site. Neither IVO, nor any of their affiliates are responsible
for any content, materials or other information located on or accessible from
any other Web site. Neither IVO, nor any of their affiliates endorse,
guarantee, or make any representations or warranties regarding any other Web
site, or any content, materials or other information located or accessible
from such Web sites, or the results that you may obtain from using such Web
sites. If you decide to access any other Web site linked to or from this Web
Site, you do so entirely at your own risk.
|
|
8.
|
|
Inappropriate Material.
You are prohibited from posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane material or any
material that could constitute or encourage conduct that would be considered
a criminal offense or give rise to civil liability, or otherwise violate any
law. In addition to any remedies that IVO and may have at law or in equity,
if IVO or reasonably determines that you have violated or are likely to
violate the foregoing prohibitions, IVO or may take any action they
reasonably deem necessary to cure or prevent the violation, including without
limitation, the immediate removal from this Web Site of the related
materials. IVO and will fully cooperate with any law enforcement authorities
or court order or subpoena requesting or directing IVO or to disclose the
identity of anyone posting such materials.
|
|
9.
|
|
User Information.
Other than personally identifiable information, which is subject to this Web
Site's Privacy Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments or other communication
you transmit or post to this Web Site in any manner ("User
Communications") is and will be considered non-confidential and
non-proprietary. IVO, each of its affiliates and/or their designees may use
any or all User Communications for any purpose whatsoever, including, without
limitation, reproduction, transmission, disclosure, publication, broadcast,
development, manufacturing and/or marketing in any manner whatsoever for any
or all commercial or non-commercial purposes. IVO may, but is not obligated
to, monitor or review any User Communications. IVO shall have no obligations
to use, return, review, or respond to any User Communications. IVO will have
no liability related to the content of any such User Communications, whether
or not arising under the laws of copyright, libel, privacy, obscenity, or
otherwise. IVO retains the right to remove any or all User Communications
that includes any material IVO deems inappropriate or unacceptable.
|
|
10.
|
|
DISCLAIMERS. YOUR USE
OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY
WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
IVO, NOR ANY OF THEIR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE
MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES
ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER IVO, NOR ANY OF
THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH
MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT
APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT
ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY
APPLICABLE LAW, IVO AND HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE
PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IVO AND HEREBY EXPRESSLY
DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO
NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT
SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO
WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS
OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
|
|
11.
|
|
LIMITATIONS OF LIABILITY.
Neither IVO nor assumes any responsibility, and shall not be liable for, any
damages to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access to, use
of, or browsing this Web Site or your downloading of any materials, from this
Web Site. IN NO EVENT WILL IVO, THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, RETAIL
PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION
OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT
OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB
SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT
OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT
YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB
SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF
SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES
POSTED ON THIS WEB SITE.
|
|
12.
|
|
Revisions to these Terms
and Conditions. IVO may revise these Terms and Conditions at any time and
from time to time by updating this posting. You should visit this page from
time to time to review the then current Terms and Conditions because they are
binding on you. Certain provisions of these Terms and Conditions may be
superseded by expressly designated legal notices or terms located on
particular pages at this Web Site.
|
|
13.
|
|
Choice of Law;
Jurisdiction. These Terms and Conditions supersede any other agreement
between you and IVO to the extent necessary to resolve any inconsistency or
ambiguity between them. This Web Site is administered by IVO from its offices
in California. These Terms and Conditions will be governed by and construed
in accordance with the laws of the State of California, without giving effect
to any principles of conflicts of laws. Any action seeking legal or equitable
relief arising out of or relating to this Web Site shall be brought only in
the courts of the State of California or the United States District Court of
California. A printed version of these Terms and Conditions shall be
admissible in judicial and administrative proceedings based upon or relating
to these Terms and Conditions to the same extent and subject to the same
conditions as other business documents and records originally generated and
maintained in printed form.
|
|
14.
|
|
Termination. You or we
may suspend or terminate your account or your use of this Web Site at any time,
for any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We reserve the
right to change, suspend, or discontinue all or any aspect of this Web Site
at any time without notice.
|
|
15.
|
|
Additional Assistance. If you do not understand any
of the foregoing Terms and Conditions or if you have any questions or
comments, we invite you to contact us here.
|
|
|
|
|