Onestop Internet, Inc. ("Onestop") operates this web site ("Web Site") pursuant to contractual agreements with Dolce Vita. ("Company"), the designer and manufacturer of products sold on this Web Site. Onestop and Company are not affiliates of one another and have no relationship with one another other than through these agreements. Nevertheless, Onestop and Company may be referred to in these Terms and Conditions as "we" or "us". These Terms and Conditions apply to all visitors, users, and others who access the Web Site ("you").
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. All measurements, weights, colors 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.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained in 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.
ACCURACY OF INFORMATION
We attempt 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 Despite our efforts, the information on this Web Site may occasionally be incomplete, inaccurate or out of date.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 email, the receipt of an email 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.
For every $100 spent on merchandise (before taxes & shipping) on any single order at dolcevita.com, receive a $20 promo code towards your next purchase. The offer is valid on purchases from February 10, 2016 through February 16, 2016. The received promo code is redeemable for a limited time, as outlined below on future purchases At dolcevita.com
Other promotional gift cards, promo codes, taxes, shipping, store credits and prior purchases (other than non-promotional gift cards) do not qualify toward the minimum purchase requirements.
Your promo code is valid on future purchases of merchandise only and cannot be redeemed for cash. One Spend/Receive gift certificate per order. The Spend/Receive promo code will be issued on 3.22.2016. The Spend/Receive promo code must be redeemed between March 22, 2016 and April 22, 2016 at 11:59 pm PST (the “Redemption Period”).
All sales taxes and shipping charges will apply to orders made with the Spend/Receive promo code and be the responsibility of the person redeeming the Spend/Receive Promo Code.
Any unusual Spend/Receive Promo Code will become void on the expiration of the Redemption Period. Any amount unused becomes forfeited.
REFER A FRIEND
These Refer a Friend Program Terms and Conditions are in addition to the Conditions of Use, to which you agree by using the Websites. To the extent the Conditions of Use are inconsistent with these terms, these terms will control with respect to the Refer-a-Friend Program only.
For you to receive a referral gift certificate for inviting a new customer through the Refer-a-Friend Program:
1. You must send an invitation using the one of the options available in the referral dashboard.
2. The customer whom you refer must click on the link in your invitation and continue to a purchase on www.dolcevita.com.
3. The referred customer must not return that purchase.
You will receive a referral gift certificate credited in your account within 45 days after a customer referred in accordance with these terms makes a purchase. Referral gift certificates can be redeemed only on the Websites and are valid for one-time use only, and are non-refundable.
If you use referral gift certificates to purchase a returnable item and you return that item, the amount of the referral credits used to pay for the item will be deducted from the total amount of the refund.
We may specify certain products that are ineligible for payment using referral gift certificates from time to time.
Referral gift certificates are issued to the referring account at our discretion and cannot be transferred, bartered, or sold.
Participation in the Refer-a-Friend Program may require you to submit personal information about yourself and your friends, such as name and email address. You agree to receive communications from us relating to your participation in the Refer-a-Friend Program and to allow us to communicate with your friends about your participation (for example, by disclosing to your friends that an invitation was sent by you). Any information collected from you or your friends as part of the Refer-a-Friend Program will be subject to our Privacy Notice.
We may void your referral gift certificates, terminate your eligibility to earn referral gift certificates, or terminate your account or the accounts of customers you refer if we determine in our sole discretion that you or they take any of the following actions:
1. Open multiple accounts, including with different email addresses, for the same person in order to generate additional referral gift certificates;
2. Refer customers using, spam, unsolicited emails, links on social media platforms, message boards, or forums, or any method other than the email form mailer located on our site;
3. Use false names, impersonate other people, or otherwise provide false or misleading information to us;
4. Offer any incentive to others to register new accounts;
5. Violate these terms or any other of the Websites' terms and conditions in any way; and
6. Participate in the Refer-a-Friend Program where doing so would be prohibited by any applicable law or regulations.
We reserve the right in our sole discretion at any time and without prior notice to you to add to, remove, or otherwise change these terms, including without limitation by changing the amount of the referral gift certificates; modifying how you may earn and spend referral gift certificates; modifying the duration and expiration of referral gift certificates; requiring minimum purchase amounts for use of referral gift certificates; changing the maximum amount of referral gift certificates that you may earn; and discontinuing the Refer-a-Friend Program entirely. We will post an updated version of these terms on the Websites, and you will be deemed to have accepted such changes by continuing to use the Websites or the Refer-a-Friend Program after the date such changes are posted.
Dolce Vita Friends with Benefits Program
Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PARTICIPATING IN THIS PROGRAM
The Dolce Vita Friends with Benefits Program is brought to you by dolcevita.com, and benefits shall be considered void where prohibited by law. Taxes may apply where required by law. Dolce Vita assumes no liability for any user's participation that contravenes the laws or regulations of his or her state. Your participation is subject to present and future program rules. Your participation is valid only at www.dolcevita.com and rewards may only be earned and redeemed on www.dolcevita.com.
The Dolce Vita Friends with Benefits Program is available to all dolcevita.com users. A user will accumulate Friends with Benefits Points for the following actions relating to his or her account as set forth below:
5 points = for every $1 spent on the purchase of a product, but not for any amount spent on taxes or shipping costs. For the avoidance of doubt, Friends with Benefits Points are only earned for money actually spent on the product, not for the amounts of any discounts or payment by gift card. If an order is cancelled, any Friends with Benefits Points awarded for the purchase will be cancelled. If a product is returned, Dolce Vita reserves the right to cancel the Friends with Benefits
Points awarded for the purchase of such product.
25 points = You can earn 25 points the first time you follow us on Twitter, Pinterest and the first time you ‘Like’ our Facebook page.
30 points = Subscribe to Dolce Vita’s email newsletter using the link on the Dolce Vita website. You can also earn 30 points for the first time you create an account.
15 points = for referrals from an email share, Facebook share, Twitter share, and Pinterest share. The moment your friend “clicks” off your share you will be awarded with your points.
From time to time, Dolce Vita may temporarily amend the Friends with Benefits reward equations, without notice to the users.
A user only earns Friends with Benefits Points based on activity on and via the Dolce Vita website.
Users may opt to purchase products without using their Friends with Benefits Points.
Users will be able to check the amount of Friends with Benefits Points accumulated in their account by logging into the MyAccount section and viewing the dashboard.
Users may not redeem or exchange accumulated Friends with Benefits Points for cash.
Users may not give/donate/transfer/share their Friends with Benefits Points to another User’s account.
Dolce Vita specifically reserves the right to terminate, cancel, suspend and/or modify the Friends with Benefits Points Program, or any specific User's participation in the Friends with Benefits Points Program, if any fraud, virus or other technical problem corrupts the administration, security, safety or proper function of the Dolce Vita Friends with Benefits Points Program, as determined by Dolce Vita in its sole discretion. In addition, Dolce Vita reserves the right to terminate, cancel, suspend and/or permanently ban any specific User's participation in the Friends with Benefits Points Program if Dolce Vita suspects that such User is conducting fraudulent activity to acquire, accumulate or spend points including, but not limited to, by a User creating multiple Rewards accounts, false referrals, etc.
Redeeming Friends with Benefits Points
Points may only be redeemed on www.dolcevita.com. Points may only be redeemed for a discount off the purchase price of an item. Points may not be redeemed for payment of taxes or shipping costs. Unless otherwise indicated by Dolce Vita, Points may be redeemed in conjunction with discounts or offers granted by Dolce Vita. Dolce Vita may limit the number of Points which may be redeemed at one time. Users must accumulate 500 Points before being eligible to redeem Points. Users with less than 500 Points will not be able to redeem those Points until they have acquired at least 500 Points. Users wishing to redeem Points will receive $5 off the purchase price of their order in redemption of 500 Points, which will thereby be deducted from the User's count of Points. The system will update the User’s remaining Points immediately after Points are redeemed. Friends with Benefits Points cannot be applied to prior purchases or for the purchase of Dolce Vita eGift Cards. Dolce Vita may determine, in its sole discretion, to restrict the redemption of Points with respect to certain products. Other Dolce Vita restrictions may apply.
Expiration of Friends with Benefits Points
Each Point will expire one (1) year after being earned, if not redeemed prior to the expiration date. Dolce Vita reserves the right to extend the expiration date, in its own discretion, on an individual user basis.
Participation in Dolce Vita’s Friends with Benefits Program is a privilege granted to Dolce Vita users and as such can be suspended, revoked or terminated at any time by Dolce Vita for any reason or for no reason. In the event of termination of your participation, all benefits including all accrued Points and other program benefits will automatically and immediately be forfeited.
Dolce Vita reserves the right to vary any or all of the terms of the Dolce Vita Friends with Benefits Points Program, to amend these Terms of Service, or to terminate the Friends with Benefits Points Program, at any time without notice and without further obligations to users, including, but not limited to, modifications which: a) govern Points earned on and after the date of the change; or b) change the value of already accumulated Points. Notice of any such changes, amendments or termination will be provided to users via message or email, or by being posted on the Dolce Vita website and will be effective immediately, unless otherwise stated in such notification.
Dolce Vita staff, contractors and agents are eligible to participate in the Dolce Vita Friends with Benefits points program.
USE OF THIS WEB SITE
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Web Site in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Web Site in a manner that sends more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Web Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Web Site; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Web Site; (vii) collecting or harvesting any personally identifiable information, including account names, from the Web Site; (viii) using the Web Site for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Web Site; (xi) accessing any content on the Web Site through any technology or means other than those provided or authorized by the Web Site; or (xii) bypassing the measures we may use to prevent or restrict access to the Web Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Web Site or the content therein.
We may, without prior notice, change the Web Site, or stop providing the Web Site or features of the Web Site, to you or to users generally.
You may use the Web Site only if you can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Web Site by anyone under 13 is strictly prohibited and in violation of this Agreement. The Web Site is not available to any users previously removed from the Web Site by us.
You may never use another user's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. We will not be liable for any losses caused by any unauthorized use of your account.
B. OUR PROPRIETARY RIGHTS
The design of this Web Site and all text, graphics, software, photographs, information, designs, logos, 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, Company and/or Onestop and are protected by U.S. and international copyright, trademark and other laws, treaties and conventions and may not be used except as permitted by 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, copy, download, stream or publicly display, perform, or distribute or otherwise use any such materials for any public or commercial purpose. All software used on this site is the property of Company and/or Onestop or our software suppliers and is protected by U.S. and international copyright laws, treaties and conventions. 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.
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 in the U.S. and other countries of Company or our affiliates, including [list Company trademarks or delete]. 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. 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 our written permission or the written permission of such third party owner.
Subject to the terms and conditions of these Terms and Conditions, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Web Site for your personal, noncommercial use only and as permitted by the features of the Web Site. We reserve all rights not expressly granted herein in the Web Site. We may terminate this license at any time for any reason or no reason.
C. ELECTRONIC COMMUNICATIONS AND NOTICE
When you visit this Web Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this 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. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
D. INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations. You understand that by using the Web Site you consent to having your personally identifiable information collected, used, transferred to and processed in the United States.
E. LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web Site without our 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 our prior written permission is prohibited. Any permitted links to this Web Site must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
F. THIRD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web site. Neither we nor any of our 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.
G. USER CONTENT
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, photos, videos or other content you transmit or post to this Web Site in any manner ("User Content") is and will be considered non-confidential and non-proprietary. We may, but are not obligated to, monitor or review any User Content. We shall have no obligation to use, return, review, or respond to any User Content, and we will have no liability related to such User Content, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right to remove any or all User Content that includes any material we deem inappropriate or unacceptable in our sole and absolute discretion.
In addition to the foregoing, you may not post or transmit in connection with this Web Site any User Content that:
- you do not have the right to post, including proprietary material of any third party;
- would constitute political campaign activity within the meaning of the Internal Revenue Code and IRS regulations and/or policies;
- consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Web Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- infringes any Intellectual Property Rights (defined below) or other right of any entity or person, including violating anyone's rights of publicity or privacy;
- violates any law or may be considered by us in our sole discretion to violate any law;
- impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of this Web Site or any networks connected to this Web Site;
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above; or
- contains any information or content that you know is not correct and current.
For the purposes of these Terms and Conditions, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content to use such person's name or likeness in the manner contemplated by the Web Site and these Terms and Conditions, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and our use thereof as contemplated by these Terms and Conditions and the Web Site will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy or publicity rights.
C. We may exercise the rights to your User Content granted under these Terms and Conditions without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
We take no responsibility and assume no liability for any User Content that you or any other third party posts or sends over the Web Site. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that we shall not be liable for any damages you allege to incur as a result of User Content.
H. USER CONTENT LICENSE GRANT
You hereby grant to us (and our successors and affiliates) a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, photos, or any other User Content you communicate through this Web Site, and to incorporate any User Content in other works in any form, media, or technology now known or later developed. We will not be required to treat any User Content as confidential, and may use any User Content in our business (including, without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future business operations.
You also hereby grant each user of the Web Site a non-exclusive license to access your User Content through the Web Site, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Web Site and under these Terms and Conditions.
We actively encourage and request that you submit testimonials relating to your personal experiences with Company apparel or this Web Site (a "Testimonial"). You agree that we are under no obligation to use your Testimonial. By submitting a Testimonial you hereby consent, without further consideration, to the use of your likeness, voice, name (limited only to your first name, first initial of last name, city and state) and/or any statements made in such Testimonial in the dramatization, publication, display, copying, reproduction, performance and/or distribution, throughout the world, by or on our behalf of any image or photograph you submitted in a Testimonial in connection with the creation of marketing/sales print advertising, or Web site content including, without limitation, this Web Site, or an audiovisual work to be used by us or a third party authorized by us, either as a complete unit or in segments or in any derivative form, in any way we deem appropriate and for any purpose whatsoever in any medium including, without limitation, the Internet. You specifically agree that any Testimonial may be reproduced orally using a third party. You waive any rights of privacy and publicity, moral or other rights you may have in any such Testimonial. This Testimonial consent supersedes and replaces any and all prior or contemporaneous agreements, understandings or arrangements, whether oral or written, previously made between the parties regarding, and constitutes the entire understanding of the parties with respect to, any Testimonial. This Testimonial consent may not be modified, changed, altered or amended except by written agreement of both parties. We reserve the right to use persons other than the person submitting the Testimonial to vocalize or act out a Testimonial or to create its own Testimonial based on adaptations or compendiums of Testimonials.
J. DMCA NOTICE
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Web Site, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Web Site;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: DMCA Notice Onestop Internet, Inc. Address: 3040 E Ana St. Rancho Dominguez, CA 90221 Telephone: 310.894.7000 Email: firstname.lastname@example.org
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
Please note that this procedure is exclusively for notifying us and our affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, users who are deemed to be repeat infringers. We may also in our sole discretion limit access to the Web Site and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Web Site must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Web Site at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
All products purchased from or via the Web Site are transported and delivered to you by an independent carrier not affiliated with, or controlled by, us. Title to products purchased on the Web Site, as well as the risk of loss for such products, passes to you when we deliver these items to the carrier.
For more information on our billing and product purchase policies, please see our Refund Policy, Customer Service page and help/FAQ page.
DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEB 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 WE NOR ANY OF OUR 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 WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME 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, WE 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, WE 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 IMPROVEMENTSACT. 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.
LIMITATIONS OF LIABILITY
We assume no 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 WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, ATTORNEYS, 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 WEB SITES, WHETHER BASED IN 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.
THE WEB SITE IS CONTROLLED AND OPERATED FROM ITS FACILITIES IN THE UNITED STATES. WE MAKE NO REPRESENTATIONS THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEB SITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE WEB SITE IF YOU ARE A RESIDENT OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL MATERIALS FOUND ON THE WEB SITE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR OTHER ENTITIES LOCATED IN THE UNITED STATES.
We care about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
REVISIONS TO THESE TERMS AND CONDITIONS
We 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. If you do not agree to any of these terms or any future terms, do not use or access (or continue to access) the Web Site.
CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. 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. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
You agree to defend, indemnify and hold Company and Onestop, and our respective directors, officers, employees and agents, harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to (a) your use of this Web Site, including any User Content, data or information transmitted by received by you; (b) any unacceptable use of this Web Site, including any statement, data or content made, transmitted or republished by you which is prohibited by these Terms and Conditions; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; and (d) any other party's access and use of the Web Site with your unique username, password or other appropriate security code.
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.
These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department.
Effective Date: 1/1/2013
Last Modified Date: 2/10/2015