Copy of Terms & Conditions - May 2018

TERMS OF USE
Last Modified: May 24, 2018

TERMS & CONDITIONS

Introduction
Welcome to the website of Bastide Inc.. (“Bastide”, “Company”, “we”, “us”, or “our”). The following terms and conditions, together with any documents expressly incorporated by reference (the “Terms of Use”) govern you access to and use of the content, functionality, and products or services offered by us through the website located at www.bastide.com, through the Bastide microsites or mobile application (collectively, the “Website”).

Please read the Terms of Use carefully before you start to use the Website and print a copy for your records. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time with or without notice to you. We will post the changes on this page and will indicate at the top of this page the date on these Terms of Use was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms of Use” link on the Website. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You acknowledge and agree that it is your responsibility to periodically review this Website and these Terms of Use. Your continued use of this Website and offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms of Use. You should periodically visit this page to review the current Agreement so you are aware of any revision to which you are bound. Your sole remedy for dissatisfaction with this Website, any products, services or other offerings available on this Website, or these terms, is to cease use of the Website and/or the offerings. If you do not agree to abide by this or any future Terms of Use, do not use or access (or continue to use or access), browse or use the Website. We will have you validate your agreement to the Terms of Use prior to placement of any order. If you have any questions about the Terms of Use or any aspect of your order, please contact us at shopkeeper@Bastide.com.

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Website.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws).

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website or any contact on the website through which the Website is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Use.

Order Acceptance and Billing
Orders are subject to verification and acceptance before shipping. All billing information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order, Bastide reserves the right to request additional information from you to verify your identity and validate the billing information to process your order. 

We reserve the right to refuse or cancel an order for any reason, including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud prevention department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. Bastide may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.

By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s). You will not be charged for most orders until the order has shipped, however, you will be charged at the time your order is placed for orders paid for with a gift or e-gift card (collectively, “Gift Card”) or PayPal account. 

Bastide reserves the right in its sole discretion to limit the quantity of items purchased per person, per household, per email address, per IP address or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing, email, IP and/or shipping address. We will notify you should such limits be applied. 

Bastide reserves the right to deny any order for any reason, including, but not limited to, the following situations:

Error in Billing, Payment or Shipping Information
Some orders cannot be processed due to an error in information you have provided, which includes, but is not limited to:
- an incorrect credit card or debit card number, expiration date and/or card security value, or information regarding other payment types;
- incorrect billing information (for example, if the billing information you provide is different from information your financial institution has on record);
- an insufficient or incorrect shipping address (including street address, city, state, zip or postal code);
- or any suspected fraudulent information.

Merchandise Shipping Delay or Unavailability
If an item of merchandise is delayed out of our distribution center or becomes unavailable, or if there is an error on our Website relating to the order (for example, an error relating to the price or description of merchandise), Bastide will contact you and discuss how to proceed, and in select cases, we may need to cancel the order.

Reshipping of Merchandise
The merchandise sold on our Website is intended for personal use only, not for resale. Any suspected resale of our merchandise for personal or business profit is strictly prohibited. We will not accept and reserve the right to cancel orders that appear to be for resale purposes. Any orders found to have characteristics of reselling, such as large quantities, frequent orders, orders by dealers or resellers or the use of freight forwarding, may be cancelled in the sole discretion of Bastide, and Bastide shall have the right to cancel all subsequent orders from any such customers. For purposes of this Agreement, reselling shall be defined as purchasing or intending to purchase any merchandise from Bastide for the purpose of engaging in a commercial sale of that same merchandise with a third party. 

Previous Fraudulent Order History
Bastide may refuse to accept any order if fraudulent activity is suspected and may refuse to process subsequent orders from customers with a previous fraudulent order history. We also may refuse any orders connected with a previous credit card dispute.

If Bastide rejects your order because of an error in pricing or other information about the merchandise, we will notify you at the email address you provided and ask you whether you would like to re-submit your order to purchase the relevant merchandise once the information in the order is validated. If we do not receive a response from you within seven days, Bastide may cancel the order.

Products & Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us, prior to confirmation of an order. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

Pricing and Payment Policy
Pricing for merchandise may be different on our Website or from prices available in our stores or through our wholesale partners. Merchandise displayed on our Website is available while supplies last. The prices displayed on our Website are quoted in US dollars and are valid only on the US mainland. Bastide reserves the right to update and make corrections to information on our Website at any time and without warning and will not be held liable for any inaccurate information or for any information that has been omitted from our Website. Price and availability information are subject to change without notice prior to confirmation of an order. In the event that a product is listed at an incorrect price, we shall have the right to refuse or cancel orders placed for the product listed at the incorrect price. 

Acceptable Forms of Payment: Visa, MasterCard, American Express, and Pay Pal. We apologize for not accepting Diner’s Club or Discover.

Gift Cards may be redeemed online and at any Bastide boutique. Gift cards are available at $20, $50, $100 and $200 amounts.

When you purchase Gift Cards, regular shipping charges are added as well as sales tax, if applicable. 

Any applicable sales tax will collected on total merchandise orders. Some states also require us to collect sales tax on shipping charges.

Promotional Codes
Occasionally, Bastide offers promotions through e-mails, catalogs, mailings and advertisements. Once you sign up and agree to receive promotional materials from Bastide, you will receive e-mail promotions and offers that include special codes for free shipping or other discounts. To sign up for our promotions, please our Email sign up page (link to our page).

By using our Website, you acknowledge and agree that excessive abuse or misuse of promotional codes and other promotions may result in cancellation of the order or item. In order to allow fair redemption and distribution of promotions to our registered clients, Bastide may restrict redemption to one per person, per household, per email, per IP address or per order for any reason. Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise shared. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.

Shipping Policy
We offer four shipping speeds, because sometimes you can wait and sometimes you can’t.

Standard rates where shopping cart is under $75 (3-7 business days): $10.00
Rush (2 Day Air; not available for fragrances): $25

Purchases are shipped from our warehouse in New Jersey and are scheduled arrive within 3 – 7 business days from receipt of your order for the continental US.

We apologize but we do not deliver to PO Boxes, APO and FPO Addresses at this time.

Express Delivery
For an additional fee, we will provide Express Delivery (2 day) to most destinations. (Orders received by 2 p.m. ET Monday through Thursday arrive in two to three business days; orders placed Friday and Saturday will arrive on the following Wednesday or later.)

Hazardous Materials 
Certain items considered Hazardous Materials (HAZMAT), which include alcohol-based products (e.g., perfumes, etc.), are required by the U.S. Department of Transportation to be shipped by ground-only transport due to air transport restrictions and regulations.

International Orders:
We currently only ship within the US. However, we are working fast & furiously on other country’s orders. If you are outside of US, please contact us at shopkeeper@bastide.com with your shipping location request, and we will see how to make sure you have access to Bastide ASAP!

Out of Stock Items:
We apologize for the inconvenience this may cause. If your item is out of stock, we will contact you to discuss how you would like the order handled.

Shipping Promotions:
Free Shipping promotions do not apply to some destinations, including without limitation, to the following destinations: Alaska and Hawaii.

Returns Policy
Every product from Bastide is made with a lot of love, passion, and care. Should you choose to return a product, we will happily refund the original credit card if returned within 30 days of purchase in the product’s original condition. Returns through Customer Service must be unopened and in sellable condition.

Only applicable for purchases made directly in a Bastide boutique in the USA or on Bastide.com. All returns and exchanges must include the original receipt and can only be returned in the country it was purchased in (France-purchased Bastide products cannot be returned in the US or vice versa). Exchanges are not eligible for promotions.

A written copy of this policy can be provided to you via email upon request. Bastide reserves the right to modify its return, refund and exchange policy at any time, without notice. 

Flammable liquids contained in these packages may be mailed only by consumers (the addressee) via surface transportation in accordance with USPS Publication 52, section 343. Full responsibility rests with the mailer to comply with all postal and non postal statutes and regulations regarding mail. Information regarding postal statutes, regulations, and mailing requirements is available from your local Postmaster or district manager, Business Mail Entry, and at the Postal Service’s mailing standards website at www.usps.com


Product Testimonials
Bastide welcomes feedback on your experience with our merchandise. We will publish on our Website both positive and negative comments, so long as the comments, reviews or testimonials (collectively, “Testimonials”) are accurate, constructive and not misleading. If you submit Testimonials that we do not publish on our Website, our customer service department may contact you in order to improve our product quality and service. We also reserve the right to edit all Testimonials for length, spelling, grammar, or for any other reason in our sole discretion so long as the meaning of the Testimonial is not materially altered. By submitting a Testimonial to Bastide, you hereby grant to Bastide the unrestricted right to use your Testimonial in perpetuity, through any and all media formats and media channels now known or hereinafter developed, without compensation, and to identify the source of the Testimonial by indicating your first name, last initial, city and/or state. Thank you for taking the time to share your thoughts with other Bastide fans.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Intellectual Property
We grant to you a limited, non-exclusive, non-transferable, personal, non-commercial license to access and use this Website. We reserve all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THIS WEBSITE NOT SPECIFICALLY PERMITTED UNDER THESE TERMS OF USE IS STRICTLY PROHIBITED.

All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials on our Website (collectively, the “IP”) are owned, controlled or licensed by Bastide, one of its affiliates or by third parties who have licensed their materials to Bastide and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may access, view, download, and print the IP and all other materials displayed on our Website for your personal, non-commercial use only; provided, however, that you (1) retain all copyright, trademark or other proprietary designations contained on all IP; (2) do not modify or alter the IP in any way; and (3) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of our Website or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, our Website or any related software. All software used on our Website is the property of Bastide or its suppliers and protected by U.S. and international copyright laws. The IP and software on our Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on our Website is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on our Website is the exclusive property of Bastide and is also protected by U.S. and international copyright laws. 

The trademark and service mark Côté Bastide, Bastide, and the bastide.com domain name and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of our Website are trademarks or trade dress or otherwise the exclusive property of Bastide Inc. in the United States and other countries.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Bastide. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

User Content
Any communication or material that you transmit or submit to this Website or to us, whether by email or other means, for any reason, will be treated as non-confidential user content (“User Content”). While you retain all rights to the User Content, by transmitting or submitting such User Content to this Website or to us, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, translate, create derivative works from, perform, and otherwise use the User Content for any purpose whatsoever in any form, media or technology now known or later developed. You agree that we may use such User Content without incurring any liability for royalties or any other consideration of any kind.

Copyright Infringement
We respect the intellectual property rights of others, and we ask you to do the same. In instances where we are notified of alleged infringing Company or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

If you believe that you or someone else’s copyright has been infringed by Company or User Content provided on this Website, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Website is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

1. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

2. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

3. The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

4. A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;

5. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

6. The Rights Holder’s electronic signature.

Notice may be sent to:

By Mail:
Bastide Inc..
Attn: BastideDMCA Agent
747 Third Avenue
31st Floor
New York, New York
10017


By e-mail:
Shopkeeper@Bastide.com 

Counter-Notification. If material that you have posted to our Website has been taken down, you may file a counter-notification that contains the following details:

1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;

3. Your name, address and telephone number;

4. A statement that you consent to the jurisdiction of federal district court in the Southern District of New York, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person; and

5. Your physical or electronic signature.

By Mail:
Bastide Inc..
Attn: Bastide DMCA Agent
__________________________
__________________________


By e-mail:
__________________________

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Website without liability to you or any other party.

Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website or expose them to liability.

Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Linking To The Website And Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send e-mails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content or information from the Website accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links From The Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. The presence of links to other websites does not imply a partnership, relationship, approval, and support of the Company for such sites and their contents.

DISCLAIMERS AND LIMITATION OF LIABILITY
THIS WEBSITE, INCLUDING ALL ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS PROVIDED TO YOU "AS IS". ANY USE OF THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT OF THIRD PARTY RIGHTS.   WE MAKE NO REPRESENTATION OR GUARANTEE AND PROVIDE NO WARRANTIES OR CONDITIONS THAT THIS WEBSITE ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WE DISCLAIM ANY LIABILITY RELATING THERETO.

WE MAKE NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES, AND PROVIDE NO CONDITIONS, THAT USE OR RESULT OF THE USE OF THIS WEBSITE (INCLUDING ALL OF ITS CONTENT) IS OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS.  WITHOUT PRIOR NOTICE, WE MAY MODIFY, SUSPEND OR DISCONTINUE ANY ASPECT OR FEATURE OF THIS WEBSITE OR YOUR USE OF THIS WEBSITE. IF WE ELECT TO MODIFY, SUSPEND OR DISCONTINUE THIS WEBSITE, WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY. THE COMPANY'S PRODUCTS AND SERVICES DESCRIBED IN THE WEBSITE MAY NOT BE AVAILABLE IN YOUR REGION.

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. WE DO NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

SOME OF THE CONTENT AVAILABLE THROUGH THIS WEBSITE MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR SUCH CONTENT.

COMPANY MAKES NO WARRANTY THAT THE WEBSITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY THE APPLICABLE LAW OR JURISDICTION, IN NO EVENT WILL WE BE LIABLE TO YOU FOR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF FILES, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OTHERS WILL CREATE A WARRANTY AND NEITHER YOU NOR ANY THIRD PARTY MAY RELY ON ANY SUCH INFORMATION OR ADVICE.  THIS EXCLUSION OF LIABILITY SHALL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THESE TERMS OF USE. 

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS OF USE WILL BE LIMITED TO ONE DOLLAR (US $1.00).

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNITY
YOU WILL INDEMNIFY AND HOLD US, OUR AFFILIATES, LICENSORS AND SERVICE PROVIDERS, AND OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS (INCLUDING, WITHOUT LIMITATION ANY ATTORNEYS' FEES AND COSTS, INCLUDING ON APPEAL) ARISING OUT (I) YOUR BREACH OF THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHTS OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OR MISUSE OF THE WEBSITE.

General Information
You agree that no joint venture, partnership, employment, or agency relationship exists between Company and you as a result of these Terms of Use or your use of the Website.

The failure of Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. In the event that any provision contained in this document is deemed or declared as void, illegal, or ineffective; the validity, legality, enforceability and efficacy of the other provisions included herein, will not be affected.

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions (whether of the State of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the State of New York; if in state court, in New York County, New York and if in federal court, in the U.S. District Court for the Southern District of New York. You hereby irrevocably consent to exclusive personal jurisdiction and venue in New York. ALL PARTIES TO THESE TERMS OF USE WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY.

The Terms of Use inure to the benefit of Company's successors, assigns and licensees. The section headings are for convenience only and will not be used to interpret these Terms of Use.

The Terms of Use, our Terms of Sale and Privacy Policy constitute the sole and entire agreement between you and Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

You can visit our Cookies Policy to learn about how we collect, store, and protect your data.

Any provision of these Terms of Use which by its nature is intended to survive the termination of these Terms of Use will survive such termination.