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TERMS & CONDITIONS

Products

While the products displayed on this Site may be available at authorized select retailers in the United States and abroad, the Company cannot guarantee that all products appearing on this Site will be available at every authorized retailer or in the colors or sizes you wish to purchase or at the same prices as shown on the Site.  Availability and selection, including products offered for sale via the Site, are subject to supply. All product descriptions, specifications, colors and prices are subject to change by the Company at any time, without notice.  We have the right to add or remove products at any time, without notice.  Please note that the particular technical specifications and settings of your computer and monitor or other device could affect the accuracy of its display of the colors and styles of products offered herein. 

Site Maintenance and Changes

We reserve the right to correct any errors or omissions  and to change and update the Site at any time, without notice.  We may at any time, without notice, modify, suspend, remove or discontinue the Site or any service, content or other features of the Site, including User Comments. 

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ITS CONTENT ARE PROVIDED “AS IS” FOR YOUR USE.  THE COMPANY DOES NOT WARRANT OR GUARANTEE THAT ALL CONTENT IS ACCURATE, RELIABLE, CURRENT OR CORRECT; THAT THIS SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT ALL CONTENT IS FREE OF VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THIS SITE AND ITS CONTENT IS ENTIRELY AT YOUR OWN RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY NOR ANY OF ITS DIRECTORS, OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, ATTORNEYS, AFFILIATES OR CONTRACTORS OR ANY OF ITS OR THEIR HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE, ANY EMAIL SENT IN CONNECTION WITH THIS SITE OR FOR ANY CONTENT, PRODUCTS OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY), REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

Indemnification of the Company

You agree to defend, indemnify and hold the Company and its directors, officers, managers, members, employees, agents, attorneys, affiliates and contractors and its and their heirs, legal representatives, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising from or in connection with your use or misuse of this Site and the Content or your violation of any provision of these Terms.

 

General

Except for the Arbitration Agreement, which shall be governed by the Federal Arbitration Act, these Terms shall be governed by the laws of the State of California, without regard to its choice of laws principles.  If any provision of these Terms is found to be invalid or unenforceable for any reason, that provision shall be severable to the extent it is invalid or unenforceable, and the remainder of these Terms (including any portion of such provision that is not found to be invalid or unenforceable) shall remain in full force and effect.  The waiver of any provision of these Terms shall not be deemed to be a waiver of any other provision or of such provision in the future.  These Terms constitute the entire agreement between us relating to your use of the Site.

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