TERMS OF USE<\/p>\n
Last updated\u00a0August 1, 2022<\/p>\n
AGREEMENT TO TERMS<\/p>\n
These Terms of Use constitute a legally binding agreement made between you, whether
\npersonally or on behalf of an entity (\u201cyou\u201d) and\u00a0Bin Bath, LLC ("Company", \u201cwe\u201d, \u201cus\u201d, or
\n\u201cour\u201d), concerning your access to and use of the\u00a0http:\/\/www.binbath.com\u00a0website as well as any
\nother media form, media channel, mobile website or mobile application related, linked, or
\notherwise connected thereto (collectively, the \u201cSite\u201d). You agree that by accessing the Site, you
\nhave read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT
\nAGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
\nPROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
\nIMMEDIATELY.<\/p>\n
Supplemental terms and conditions or documents that may be posted on the Site from time to
\ntime are hereby expressly incorporated herein by reference. We reserve the right, in our sole
\ndiscretion, to make changes or modifications to these Terms of Use at any time and for any
\nreason. We will alert you about any changes by updating the \u201cLast updated\u201d date of these Terms
\nof Use, and you waive any right to receive specific notice of each such change. It is your
\nresponsibility to periodically review these Terms of Use to stay informed of updates. You will be
\nsubject to, and will be deemed to have been made aware of and to have accepted, the changes in
\nany revised Terms of Use by your continued use of the Site after the date such revised Terms of
\nUse are posted.<\/p>\n
The information provided on the Site is not intended for distribution to or use by any person or
\nentity in any jurisdiction or country where such distribution or use would be contrary to law or
\nregulation or which would subject us to any registration requirement within such jurisdiction or
\ncountry. Accordingly, those persons who choose to access the Site from other locations do so on
\ntheir own initiative and are solely responsible for compliance with local laws, if and to the extent
\nlocal laws are applicable.<\/p>\n
The\u00a0Site is not tailored to comply with industry-specific regulations (Health Insurance Portability
\nand Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
\netc.), so if your interactions would be subjected to such laws, you may not use this Site. You may
\nnot use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).<\/p>\n
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not
\npermitted to use or register for the Site.<\/p>\n
INTELLECTUAL PROPERTY RIGHTS<\/p>\n
Unless otherwise indicated, the Site is our proprietary property and all source code, databases,
\nfunctionality, software, website designs, audio, video, text, photographs, and graphics on the Site
\n(collectively, the \u201cContent\u201d) and the trademarks, service marks, and logos contained therein (the
\n\u201cMarks\u201d) are owned or controlled by us or licensed to us, and are protected by copyright and
\ntrademark laws and various other intellectual property rights and unfair competition laws of the
\nUnited States, international copyright laws, and international conventions. The Content and the
\nMarks are provided on the Site \u201cAS IS\u201d for your information and personal use only. Except as
\nexpressly provided in these Terms of Use, no part of the Site and no Content or Marks may be
\ncopied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded,
\ntranslated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
\npurpose whatsoever, without our express prior written permission.<\/p>\n
Provided that you are eligible to use the Site, you are granted a limited license to access and use
\nthe Site and to download or print a copy of any portion of the Content to which you have
\nproperly gained access solely for your personal, non-commercial use. We reserve all rights not
\nexpressly granted to you in and to the Site, the Content and the Marks.<\/p>\n
USER REPRESENTATIONS<\/p>\n
By using the Site, you represent and warrant that:\u00a0(1) all registration information you submit will
\nbe true, accurate, current, and complete; (2) you will maintain the accuracy of such information
\nand promptly update such registration information as necessary;\u00a0(3) you have the legal capacity
\nand you agree to comply with these Terms of Use;\u00a0(4) you are not a minor in the jurisdiction in
\nwhich you reside; (5) you will not access the Site through automated or non-human means,
\nwhether through a bot, script or otherwise; (6) you will not use the Site for any illegal or
\nunauthorized purpose; and (7) your use of the Site will not violate any applicable law or
\nregulation.<\/p>\n
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the
\nright to suspend or terminate your account and refuse any and all current or future use of the Site
\n(or any portion thereof).<\/p>\n
USER REGISTRATION<\/p>\n
You may be required to register with the Site. You agree to keep your password confidential and
\nwill be responsible for all use of your account and password. We reserve the right to remove,
\nreclaim, or change a username you select if we determine, in our sole discretion, that such
\nusername is inappropriate, obscene, or otherwise objectionable.<\/p>\n
PRODUCTS
\nWe make every effort to display as accurately as possible the colors, features, specifications, and
\ndetails of the products available on the Site. However, we do not guarantee that the colors,
\nfeatures, specifications, and details of the products will be accurate, complete, reliable, current,
\nor free of other errors, and your electronic display may not accurately reflect the actual colors
\nand details of the products.\u00a0All products are subject to availability, and we cannot guarantee that
\nitems will be in stock. We reserve the right to discontinue any products at any time for any
\nreason. Prices for all products are subject to change.<\/p>\n
PURCHASES AND PAYMENT<\/p>\n
We accept credit cards, and other forms of digital payment. You agree to provide current,
\ncomplete, and accurate purchase and account information for all purchases made via the Site.
\nYou further agree to promptly update account and payment information, including email address,
\npayment method, and payment card expiration date, so that we can complete your transactions
\nand contact you as needed. Sales tax will be added to the price of purchases as deemed required
\nby us. We may change prices at any time. All payments shall be\u00a0in\u00a0U.S. dollars.<\/p>\n
You agree to pay all charges at the prices then in effect for your purchases and any applicable
\nshipping fees, and you authorize us to charge your chosen payment provider for any such
\namounts upon placing your order.\u00a0If your order is subject to recurring charges, then you consent
\nto our charging your payment method on a recurring basis without requiring your prior approval
\nfor each recurring charge, until such time as you cancel the applicable order.\u00a0We reserve the right
\nto correct any errors or mistakes in pricing, even if we have already requested or received
\npayment.<\/p>\n
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion,
\nlimit or cancel quantities purchased per person, per household, or per order. These restrictions
\nmay include orders placed by or under the same customer account, the same payment method,
\nand\/or orders that use the same billing or shipping address. We reserve the right to limit or
\nprohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or
\ndistributors.<\/p>\n
RETURN\/REFUNDS\u00a0POLICY<\/p>\n
All sales are final and no refund will be issued.<\/p>\n
PROHIBITED ACTIVITIES<\/p>\n
You may not access or use the Site for any purpose other than that for which we make the Site
\navailable. The Site may not be used in connection with any commercial endeavors except those
\nthat are specifically endorsed or approved by us.<\/p>\n
As a user of the Site, you agree not to:<\/p>\n
1.\u00a0\u00a0Systematically retrieve data or other content from the Site to create or compile, directly or
\nindirectly, a collection, compilation, database, or directory without written permission from us.
\n2.\u00a0\u00a0Make any unauthorized use of the Site, including collecting usernames and\/or email addresses
\nof users by electronic or other means for the purpose of sending unsolicited email, or creating
\nuser accounts by automated means or under false pretenses.
\n3.\u00a0\u00a0Use a buying agent or purchasing agent to make purchases on the Site.
\n4.\u00a0\u00a0Use the Site to advertise or offer to sell goods and services.
\n5.\u00a0\u00a0Circumvent, disable, or otherwise interfere with security-related features of the Site, including
\nfeatures that prevent or restrict the use or copying of any Content or enforce limitations on the
\nuse of the Site and\/or the Content contained therein.
\n6.\u00a0\u00a0Engage in unauthorized framing of or linking to the Site.
\n7.\u00a0\u00a0Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive
\naccount information such as user passwords.
\n8.\u00a0\u00a0Make improper use of our support services or submit false reports of abuse or misconduct.
\n9.\u00a0\u00a0Engage in any automated use of the system, such as using scripts to send comments or
\nmessages, or using any data mining, robots, or similar data gathering and extraction tools.
\n10.\u00a0\u00a0Interfere with, disrupt, or create an undue burden on the Site or the networks or services
\nconnected to the Site.
\n11.\u00a0\u00a0Attempt to impersonate another user or person or use the username of another user.
\n12.\u00a0\u00a0Sell or otherwise transfer your profile.
\n13.\u00a0\u00a0Use any information obtained from the Site in order to harass, abuse, or harm another
\nperson.
\n14.\u00a0\u00a0Use the Site as part of any effort to compete with us or otherwise use the Site and\/or the
\nContent for any revenue-generating endeavor or commercial enterprise.
\n15.\u00a0\u00a0Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in
\nany way making up a part of the Site.
\n16.\u00a0\u00a0Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site,
\nor any portion of the Site.
\n17.\u00a0\u00a0Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing
\nany portion of the Site to you.
\n18.\u00a0\u00a0Delete the copyright or other proprietary rights notice from any Content.
\n19.\u00a0\u00a0Copy or adapt the Site\u2019s software, including but not limited to Flash, PHP, HTML,
\nJavaScript, or other code.
\n20.\u00a0\u00a0Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other
\nmaterial, including excessive use of capital letters and spamming (continuous posting of
\nrepetitive text), that interferes with any party\u2019s uninterrupted use and enjoyment of the Site or
\nmodifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or
\nmaintenance of the Site.
\n21.\u00a0\u00a0Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or
\nactive information collection or transmission mechanism, including without limitation, clear
\ngraphics interchange formats (\u201cgifs\u201d), 1\u00d71 pixels, web bugs, cookies, or other similar devices
\n(sometimes referred to as \u201cspyware\u201d or \u201cpassive collection mechanisms\u201d or \u201cpcms\u201d).
\n22.\u00a0\u00a0Except as may be the result of standard search engine or Internet browser usage, use, launch,
\ndevelop, or distribute any automated system, including without limitation, any spider, robot,<\/p>\n
cheat utility, scraper, or offline reader that accesses the Site, or using or launching any
\nunauthorized script or other software.
\n23.\u00a0\u00a0Disparage, tarnish, or otherwise harm, in our opinion, us and\/or the Site.
\n24.\u00a0\u00a0Use the Site in a manner inconsistent with any applicable laws or regulations.<\/p>\n
USER GENERATED CONTRIBUTIONS<\/p>\n
The Site does not offer users to submit or post content. We may provide you with the opportunity
\nto create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and
\nmaterials to us or on the Site, including but not limited to text, writings, video, audio,
\nphotographs, graphics, comments, suggestions, or personal information or other material
\n(collectively, "Contributions"). Contributions may be viewable by other users of the Site and
\nthrough third-party websites. As such, any Contributions you transmit may be treated in
\naccordance with the Site Privacy Policy. When you create or make available any Contributions,
\nyou thereby represent and warrant that:<\/p>\n
1. \u00a0The creation, distribution, transmission, public display, or performance, and the accessing,
\ndownloading, or copying of your Contributions do not and will not infringe the proprietary
\nrights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights
\nof any third party.
\n2. \u00a0You are the creator and owner of or have the necessary licenses, rights, consents, releases,
\nand permissions to use and to authorize us, the Site, and other users of the Site to use your
\nContributions in any manner contemplated by the Site and these Terms of Use.
\n3. \u00a0You have the written consent, release, and\/or permission of each and every identifiable
\nindividual person in your Contributions to use the name or likeness of each and every such
\nidentifiable individual person to enable inclusion and use of your Contributions in any manner
\ncontemplated by the Site and these Terms of Use.
\n4. \u00a0Your Contributions are not false, inaccurate, or misleading.
\n5. \u00a0Your Contributions are not unsolicited or unauthorized advertising, promotional materials,
\npyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
\n6. \u00a0Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
\nslanderous, or otherwise objectionable (as determined by us).
\n7. \u00a0Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
\n8. \u00a0Your Contributions do not advocate the violent overthrow of any government or incite,
\nencourage, or threaten physical harm against another.
\n9. \u00a0Your Contributions do not violate any applicable law, regulation, or rule.
\n10. \u00a0Your Contributions do not violate the privacy or publicity rights of any third party.
\n11. \u00a0Your Contributions do not contain any material that solicits personal information from
\nanyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
\n12. \u00a0Your Contributions do not violate any applicable law concerning child pornography, or
\notherwise intended to protect the health or well-being of minors;
\n13. \u00a0Your Contributions do not include any offensive comments that are connected to race,
\nnational origin, gender, sexual preference, or physical handicap.
\n14. \u00a0Your Contributions do not otherwise violate, or link to material that violates, any provision
\nof these Terms of Use, or any applicable law or regulation.<\/p>\n
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these
\nTerms of Use and may result in, among other things, termination or suspension of your rights to
\nuse the Site and the Marketplace Offerings.<\/p>\n
CONTRIBUTION LICENSE<\/p>\n
You and Site agree that we may access, store, process, and use any information and personal data
\nthat you provide following the terms of the Privacy Policy and your choices (including settings).<\/p>\n
By submitting suggestions or other feedback regarding the Site, you agree that we can use and
\nshare such feedback for any purpose without compensation to you.<\/p>\n
We do not assert any ownership over your Contributions. You retain full ownership of all of your
\nContributions and any intellectual property rights or other proprietary rights associated with your
\nContributions. We are not liable for any statements or representations in your Contributions
\nprovided by you in any area on the Site. You are solely responsible for your Contributions to the
\nSite and you expressly agree to exonerate us from any and all responsibility and to refrain from
\nany legal action against us regarding your Contributions.<\/p>\n
GUIDELINES FOR REVIEWS<\/p>\n
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you
\nmust comply with the following criteria: (1) you should have firsthand experience with the
\nperson\/entity being reviewed; (2) your reviews should not contain offensive profanity, or
\nabusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory
\nreferences based on religion, race, gender, national origin, age, marital status, sexual orientation,
\nor disability; (4) your reviews should not contain references to illegal activity; (5) you should not
\nbe affiliated with competitors if posting negative reviews; (6) you should not make any
\nconclusions as to the legality of conduct; (7) you may not post any false or misleading
\nstatements; and (8) you may not organize a campaign encouraging others to post reviews,
\nwhether positive or negative.<\/p>\n
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no
\nobligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable
\nor inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or
\nthe views of any of our affiliates or partners. We do not assume liability for any review or for
\nany claims, liabilities, or losses resulting from any review. By posting a review, you\u00a0hereby grant
\nto us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
\nsublicensable right and license to reproduce, modify, translate, transmit by any means, display,
\nperform, and\/or distribute all content relating to reviews.<\/p>\n
SUBMISSIONS<\/p>\n
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other
\ninformation regarding the Site or the Marketplace Offerings ("Submissions") provided by you to
\nus are non-confidential and shall become our sole property. We shall own exclusive rights,
\nincluding all intellectual property rights, and shall be entitled to the unrestricted use and
\ndissemination of these Submissions for any lawful purpose, commercial or otherwise, without
\nacknowledgment or compensation to you. You hereby waive all moral rights to any such
\nSubmissions, and you hereby warrant that any such Submissions are original with you or that
\nyou have the right to submit such Submissions. You agree there shall be no recourse against us
\nfor any alleged or actual infringement or misappropriation of any proprietary right in your
\nSubmissions.<\/p>\n
THIRD-PARTY WEBSITES AND CONTENT<\/p>\n
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to
\nother websites ("Third-Party\u00a0Websites") as well as articles, photographs, text, graphics, pictures,
\ndesigns, music, sound, video, information, applications, software, and other content or items
\nbelonging to or originating from third parties ("Third-Party Content"). Such\u00a0Third-
\nParty\u00a0Websites and\u00a0Third-Party\u00a0Content are not investigated, monitored, or checked for
\naccuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party
\nWebsites accessed through the Site or any\u00a0Third-Party\u00a0Content posted on, available through, or
\ninstalled from the Site, including the content, accuracy, offensiveness, opinions, reliability,
\nprivacy practices, or other policies of or contained in the\u00a0Third-Party\u00a0Websites or the\u00a0Third-
\nParty\u00a0Content. Inclusion of, linking to, or permitting the use or installation of any\u00a0Third-
\nParty\u00a0Websites or any\u00a0Third-Party Content does not imply approval or endorsement thereof by
\nus. If you decide to leave the Site and access the\u00a0Third-Party\u00a0Websites or to use or install
\nany\u00a0Third-Party\u00a0Content, you do so at your own risk, and you should be aware these Terms of
\nUse no longer govern. You should review the applicable terms and policies, including privacy
\nand data gathering practices, of any website to which you navigate from the Site or relating to
\nany applications you use or install from the Site. Any purchases you make through\u00a0Third-
\nParty\u00a0Websites will be through other websites and from other companies, and we take no
\nresponsibility whatsoever in relation to such purchases which are exclusively between you and
\nthe applicable third party. You agree and acknowledge that we do not endorse the products or
\nservices offered on\u00a0Third-Party Websites and you shall hold us harmless from any harm caused
\nby your purchase of such products or services. Additionally, you shall hold us harmless from any
\nlosses sustained by you or harm caused to you relating to or resulting in any way from any\u00a0Third-
\nParty\u00a0Content or any contact with\u00a0Third-Party Websites.<\/p>\n
SITE MANAGEMENT<\/p>\n
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms
\nof Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the
\nlaw or these Terms of Use, including without limitation, reporting such user to law enforcement<\/p>\n
authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the
\navailability of, or disable (to the extent technologically feasible) any of your Contributions or
\nany portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to
\nremove from the Site or otherwise disable all files and content that are excessive in size or are in
\nany way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to
\nprotect our rights and property and to facilitate the proper functioning of the Site and the
\nMarketplace Offerings.<\/p>\n
PRIVACY POLICY<\/p>\n
We care about data privacy and security. By using the Site or the Marketplace Offerings, you
\nagree to be bound by our Privacy Policy posted on the Site, which is incorporated into these
\nTerms of Use. Please be advised the Site and the Marketplace Offerings are hosted in\u00a0the\u00a0United
\nStates. If you access the Site or the Marketplace Offerings from any other region of the world
\nwith laws or other requirements governing personal data collection, use, or disclosure that differ
\nfrom applicable laws in\u00a0the\u00a0United States, then through your continued use of the Site, you are
\ntransferring your data to\u00a0the\u00a0United States, and you expressly consent to have your data
\ntransferred to and processed in\u00a0the\u00a0United States.<\/p>\n
TERM AND TERMINATION<\/p>\n
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT
\nLIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
\nRIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY
\nACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS
\n(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
\nREASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF
\nANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
\nTERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
\nTERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE
\nOFFERINGS OR DELETE\u00a0YOUR ACCOUNT AND\u00a0ANY CONTENT OR INFORMATION
\nTHAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
\nDISCRETION.<\/p>\n
If we terminate or suspend your account for any reason, you are prohibited from registering and
\ncreating a new account under your name, a fake or borrowed name, or the name of any third
\nparty, even if you may be acting on behalf of the third party. In addition to terminating or
\nsuspending your account, we reserve the right to take appropriate legal action, including without
\nlimitation pursuing civil, criminal, and injunctive redress.<\/p>\n
MODIFICATIONS AND INTERRUPTIONS
\nWe reserve the right to change, modify, or remove the contents of the Site at any time or for any
\nreason at our sole discretion without notice. However, we have no obligation to update any
\ninformation on our Site. We also reserve the right to modify or discontinue all or part of the
\nMarketplace Offerings without notice at any time. We will not be liable to you or any third party
\nfor any modification, price change, suspension, or discontinuance of the Site or the Marketplace
\nOfferings.<\/p>\n
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We
\nmay experience hardware, software, or other problems or need to perform maintenance related to
\nthe Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
\nupdate, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any
\ntime or for any reason without notice to you. You agree that we have no liability whatsoever for
\nany loss, damage, or inconvenience caused by your inability to access or use the Site or the
\nMarketplace Offerings during any downtime or discontinuance of the Site or the Marketplace
\nOfferings. Nothing in these Terms of Use will be construed to obligate us to maintain and
\nsupport the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in
\nconnection therewith.<\/p>\n
GOVERNING LAW<\/p>\n
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and
\nconstrued in accordance with the laws of\u00a0the State of\u00a0Ohio\u00a0applicable to agreements made and to
\nbe entirely performed within\u00a0the State of\u00a0Ohio,\u00a0without regard to its conflict of law principles.<\/p>\n
DISPUTE RESOLUTION<\/p>\n
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and
\nindividually, a "Party") shall be commenced or prosecuted in the\u00a0state and federal courts\u00a0located
\nin\u00a0Cuyahoga County,\u00a0Ohio, and the Parties hereby consent to, and waive all defenses of lack of
\npersonal jurisdiction and forum non conveniens with respect to venue and jurisdiction in
\nsuch\u00a0state and federal courts. Application of the United Nations Convention on Contracts for the
\nInternational Sale of Goods and the Uniform Computer Information Transaction Act (UCITA)
\nare excluded from these Terms of Use.\u00a0In no event shall any claim, action, or proceeding brought
\nby either Party related in any way to the Site be commenced more than\u00a0one (1)\u00a0years after the
\ncause of action arose.<\/p>\n
CORRECTIONS<\/p>\n
There may be information on the Site that contains typographical errors, inaccuracies, or
\nomissions that may relate to the Marketplace Offerings, including descriptions, pricing,
\navailability, and various other information. We reserve the right to correct any errors,
\ninaccuracies, or omissions and to change or update the information on the Site at any time,
\nwithout prior notice.<\/p>\n
DISCLAIMER<\/p>\n
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE
\nTHAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
\nFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
\nEXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
\nINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
\nMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
\nINFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE
\nACCURACY OR COMPLETENESS OF THE SITE\u2019S CONTENT OR THE CONTENT OF
\nANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR
\nRESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF
\nCONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF
\nANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF
\nTHE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
\nAND\/OR ANY AND ALL PERSONAL INFORMATION AND\/OR FINANCIAL
\nINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF
\nTRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES,
\nOR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY
\nTHIRD PARTY, AND\/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
\nMATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
\nRESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
\nMADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
\nOR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
\nOFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,
\nOR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR
\nOTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
\nRESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
\nTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
\nOF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT,
\nYOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE
\nAPPROPRIATE.<\/p>\n
LIMITATIONS OF LIABILITY<\/p>\n
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE
\nTO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
\nEXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST
\nPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
\nYOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
\nOF SUCH DAMAGES.\u00a0NOTWITHSTANDING ANYTHING TO THE CONTRARY
\nCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
\nAND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE<\/p>\n
LIMITED TO\u00a0THE AMOUNT PAID, IF ANY, BY YOU TO US\u00a0DURING THE\u00a0SIX
\n(6)\u00a0MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.\u00a0CERTAIN US
\nSTATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON
\nIMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
\nDAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
\nDISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE
\nADDITIONAL RIGHTS.<\/p>\n
INDEMNIFICATION<\/p>\n
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and
\nall of our respective officers, agents, partners, and employees, from and against any loss,
\ndamage, liability, claim, or demand, including reasonable attorneys\u2019 fees and expenses, made by
\nany third party due to or arising out of:\u00a0(1) use of the Site; (2) breach of these Terms of Use; (3)
\nany breach of your representations and warranties set forth in these Terms of Use; (4) your
\nviolation of the rights of a third party, including but not limited to intellectual property rights; or
\n(5) any overt harmful act toward any other user of the Site with whom you connected via the
\nSite. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the
\nexclusive defense and control of any matter for which you are required to indemnify us, and you
\nagree to cooperate, at your expense, with our defense of such claims. We will use reasonable
\nefforts to notify you of any such claim, action, or proceeding which is subject to this
\nindemnification upon becoming aware of it.<\/p>\n
USER DATA<\/p>\n
We will maintain certain data that you transmit to the Site for the purpose of managing the
\nperformance of the Site, as well as data relating to your use of the Site. Although we perform
\nregular routine backups of data, you are solely responsible for all data that you transmit or that
\nrelates to any activity you have undertaken using the Site. You agree that we shall have no
\nliability to you for any loss or corruption of any such data, and you hereby waive any right of
\naction against us arising from any such loss or corruption of such data.<\/p>\n
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES<\/p>\n
Visiting the Site, sending us emails, and completing online forms constitute electronic
\ncommunications. You consent to receive electronic communications, and you agree that all
\nagreements, notices, disclosures, and other communications we provide to you electronically, via
\nemail and on the Site, satisfy any legal requirement that such communication be in writing. YOU
\nHEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
\nORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES,
\nPOLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
\nOR VIA THE SITE. You hereby waive any rights or requirements under any statutes,
\nregulations, rules, ordinances, or other laws in any jurisdiction which require an original<\/p>\n
signature or delivery or retention of non-electronic records, or to payments or the granting of
\ncredits by any means other than electronic means.<\/p>\n
CALIFORNIA USERS AND RESIDENTS<\/p>\n
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance
\nUnit of the Division of Consumer Services of the California Department of Consumer Affairs in
\nwriting at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone
\nat (800) 952-5210 or (916) 445-1254.<\/p>\n
MISCELLANEOUS<\/p>\n
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to
\nthe Site constitute the entire agreement and understanding between you and us. Our failure to
\nexercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of
\nsuch right or provision. These Terms of Use operate to the fullest extent permissible by law. We
\nmay assign any or all of our rights and obligations to others at any time. We shall not be
\nresponsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond
\nour reasonable control. If any provision or part of a provision of these Terms of Use is
\ndetermined to be unlawful, void, or unenforceable, that provision or part of the provision is
\ndeemed severable from these Terms of Use and does not affect the validity and enforceability of
\nany remaining provisions. There is no joint venture, partnership, employment or agency
\nrelationship created between you and us as a result of these Terms of Use or use of the Site. You
\nagree that these Terms of Use will not be construed against us by virtue of having drafted them.
\nYou hereby waive any and all defenses you may have based on the electronic form of these
\nTerms of Use and the lack of signing by the parties hereto to execute these Terms of Use.<\/p>\n","protected":false},"excerpt":{"rendered":"
Website Terms & Conditions TERMS OF USE Last updated\u00a0August 1, 2022 AGREEMENT TO TERMS These Terms of Use constitute a legally binding agreement made between you, whether personally or on…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"class_list":["post-6266","page","type-page","status-publish"],"yoast_head":"\n