Terms and Conditions Last Updated: 03/28/2018 PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. Use of this website implies agreement to all terms and conditions outlined in the following terms of service: PLEASE NOTE. This is a custom made product. As with any custom product, we highly recommend ordering a sample prior to placing your main order. Due to the custom nature of our products, orders cannot be returned or refunded if they arrive and are not what you intended. GENERAL TERMS: All correspondence/requests must be in written form and submitted via email ([email protected]). Verbal/phone support is not available for customer service and warranty related requests. *Finished end panels are ALWAYS required to cover the exposed sides of all cabinets sold on our website. Our cabinets do not have integrated finished end panels, so you are going to see screw/construction holes, interior maple finish, etc, unless covered with a separate finished end panel (ordered separately from the cabinet). **We do not include the knobs and pulls with any of our cabinets, nor do we drill the doors and drawer fronts for knobs or handles. Obtain those locally and drill on site as needed. ***We include all cabinet assembly screws needed to build the cabinets as ordered. We do not include screws for cabinet installation (i.e. screws that attach the cabinets to the wall studs). ****All products, including samples sold on this website represent a close match to what you will receive as a final finished product (they are sprayed and finished in the exact same process). Paints and stains are sprayed by hand which may result in slight variations in color/texture of the product from one batch to another. We do our best to maintain strict color/texture matching, but we do not guarantee an exact match from one piece/batch to another. ****Grain matching (grain running continuously from one door to another as it is cut from the same sheet of veneer) is not available, nor guaranteed under any circumstance. *****We reserve the right to make changes to paint and stain and all other finish formulas. Changes to formulas may affect color tone and texture of the finished product. Orders placed separately (days, weeks, months apart) are not guaranteed to match perfectly. Substitutions: Due to industry-wide hardware and material shortages, some orders may ship without items included. Back-orders will not affect lead time unless materials (e.g. plywood case material) are not available, nor delay shipping of the bulk of your order. We will ship the back-ordered items the moment enough stock is available to fill your order. City Cabinets is not responsible for costs/delays associated with back-ordered products. *Substitutions in hardware, plywood, or any other component, may be made without notice. Substitutions will be of similar or better quality than original. For example, we may substitute Salice soft close hinges (Made in Italy), for Blum soft close hinges (made in USA), or substitute a plywood of a different source than your original sample or past orders (i.e. your sample cabinet may have a different plywood core than a larger order placed later). Payment: Payment for custom cabinet orders must be made when the order is placed via citycabinets.com. In most cases we will authorize the credit card when you place the order, then charge the credit card for the full amount once the order has entered production. Payment terms are non negotiable and are subject to change without notice. City Cabinets sells a fully custom made cabinet product that cannot be recycled nor re-sold to another customer once production starts (i.e. once we starting cutting the order, we cannot make changes or re-sell already manufacture cabinets). Lead Time: Current estimated lead times are shown on the website under the "LEAD TIME" tab. Lead times are "estimates" and never guaranteed under any circumstance. Be aware, you are ordering a custom made product which can vary the estimated lead time for your order greatly depending on your order contents. Status updates may be requested via email at any time (status updates are estimates only). See "LEAD TIME" tab for further terms regarding lead times. Cancellation: Orders can be canceled within 3 days of the order being submitted. Cancellation requests must be emailed to [email protected]. Cancellation requests via phone will not be accepted. After 3 days, the order cannot be canceled for any reason. Changes to orders: Changes can be made to existing orders at the discretion of City Cabinets within 3 business days of the order being submitted. Requests for changes must be submitted via email. Phone changes will not be accepted. If changes are approved and made to an existing order, a new order confirmation will be emailed to the customer for documentation of the change. Changes to orders are not considered complete unless the customer has this new order confirmation. City Cabinets strives for the quickest turnaround time possible by processing and cutting your order almost immediately after it has been submitted. Once the order has been processed and batched, the order cannot be modified, canceled, or added to. This includes combining newer orders with older orders to conserve on shipping cost. Refund/Return Policy: City Cabinets does not accept returns on custom made products under any circumstance (i.e. you get exactly what was ordered as these custom products cannot be restocked or re sold to another customer). Refunds are not available for custom made products.
Damage in Shipping: Please contact City Cabinets if your product arrives damaged. We will work with you to provide a replacement product or repair the existing product in a timely manner. City Cabinets is not responsible for costs/delays associated with missing or damaged products. For damage to wood products like doors, drawer boxes, etc, please see our warranty section for more information. *Damage/de-lamination/defects to unseen items is not covered under warranty. This would include back of the cabinet backs, undersides of drawer boxes, back of cabinet case parts that are hidden after the cabinets are installed Shortages or Discrepancies: Please email City Cabinets if there are any shortages in your order. Replacements will be produced and shipped in a timely manner. Replacements are shipped via standard ground shipping. City Cabinets is not responsible for costs/delays associated with missing or damaged products or for unplanned errors made in production, beyond the replacements themselves under the terms of this warranty. Customer Mistakes: Mistakes may happen from time to time. Whether a cabinet door is drilled the wrong side for the knobs and pulls, or a simple measuring error requiring a new cabinet to be made. City Cabinets will help correct all errors in a timely manner. Please email customer service as we would be more than happy to help. Large Freight Orders: Most orders will be shipped out via freight on single or multiple pallets. Pallets will be encased in a boxed pallet for protection during delivery. The freight carrier will be instructed to call and schedule an appointment for dropping off the order at a convenient time for the customer. When large freight orders are delivered to residential addresses, a lift gate service is required in order to unload the pallet from the delivery truck (curbside). The freight and lift gate charges are included in the shipping charge quoted by City Cabinets at checkout. The shipment will be taken off the truck and left on a driveway within 10 ft of the rear of the truck. Once the shipment is delivered, it is the responsibility of the customer to protect the order from weather and other things that may damage the contents (heat, cold, water, blunt force, etc). Please inspect the shipment for damage prior to accepting delivery of the shipment. If the order looks damaged, please take some pictures immediately. This will help us with the claim process is a part is damaged. Damaged parts will be replaced by City Cabinets in a timely manner. City Cabinets is not responsible for costs/delays associated with missing or damaged products. Freight/Shipping Disclaimer: *City Cabinets is not responsible for disposal costs in any situation. Damaged products, unused products, canceled products, empty pallets, and packaging materials such as plywood, cardboard, and foam are to be discarded by the customer at the customer's expense. **In some cases additional charges may apply due to an inaccessible delivery address, island/rural deliveries inside of the USA (where there is no road to the delivery address), rural, multi-level apartment/condo buildings, deliveries to the city of New York, Florida Keys, and various other obstacles/hard to reach destinations. The customer will be responsible for coordinating and paying for additional services required to deliver the order. ***If an 18-wheeler is unable to deliver to the shipping address (i.e. planned delivery area is too small to get a large truck into), then the customer will be responsible for picking up the freight order from an alternative destination or local freight hub. In addition, some items ordered may be oversized, odd sized, and/or simply not eligible for lift-gate residential curbside delivery. These items may require extra handling fees, or a separate pickup by the customer at the local freight hub. All additional incurred costs associated with oversized/special deliveries are not covered by City Cabinets and must be paid for and arranged by the customer. ****Delays in freight and parcel shipping are common due to weather and various other service alerts. City is not responsible for shipping delays in any circumstance. Delayed/lost shipments may require additional handling and time for delivery. In some cases additional charges may apply due to an inaccessible delivery address, island/rural deliveries (where there is no road to the delivery address), rural, multi-level apartment/condo buildings, deliveries to the city of New York, and various other obstacles. The customer will be responsible for coordinating and paying for additional services required to deliver the order. ****Refusal (intentional rejection of delivery) or return (purposeful return of the order) of freight/parcel orders to the origin (City Cabinets), will result in additional charges that will be the full responsibility of the customer. Full price (any and all actual costs of additional shipping and handling charges) of shipping will be due to ship the order once again and must be fully paid for by the customer prior to shipment leaving our dock. Warranty: Lifetime Limited Warranty: City Cabinets has been making cabinets since 1978. Many of our cabinets are still in use even after 40 years of some serious use and abuse. We rarely, if ever, see a cabinet fail after it has been installed (we test them by tossing them off the top of our building). That said, if after 20 years or so a drawer slide or hinge wears out, then send us an email and we will take care of shipping out a new set. Just be sure to send us a picture of your project so we can revel in the glory of a past project :) Five Year Limited Warranty: Cabinets manufactured by City Cabinets are warranted to be free from defects in material and workmanship under normal use to the original consumer purchaser for a period of five (5) years from the date of purchase. This warranty is not transferable to subsequent owners. Environmental Policy Some small issues may arise while assembling RTA (ready to assemble) cabinets. Examples include and are not limited to; Pre-drilled hole being slightly off, cabinet part alignment issues, dados not being routed deep enough, or too wide, small blemishes in the natural wood, etc. Customer is expected to make a reasonable attempt to correct small issues on-site. City Cabinets will not issue replacements if we feel the parts can be reasonably re-used, modified on site, or otherwise fixed by the customer with minimal effort. Ultimately, this policy will be activated if a customer requests frivolous remakes. Cabinet case alignment/defects/wood defects/damage Cabinet cases are birch plywood with a UV baked-on clear finish. Case material is a real wood veneer, blemishes are to expected. Natural traits such as; mineral streaks (black/discolored streaks in the natural veneer), pitting, streaking, scratches under finish, finish build-up, etc, are not covered under warranty for replacement. Damage to the backside/exterior/non-seen areas of the cabinet case is not covered under warranty (i.e. the damage would be hidden after install (use a finished end panel to cover exposed cabinet sides, as is our standard). As always, we recommend ordering a sample cabinet (we keep these in stock for immediate shipping) prior to placing your main order. Cabinet case parts are CNC machined/drilled, but may be off in alignment at times. Please remember that all parts are custom cut and machined to the sizes and specs needed to construct your custom cabinet case. Machining tolerances are +/- 1/8" in most instances. Some CNC drilled holes may be off target by as much as 1/4" due to part size (too large or too small to remain stable on CNC hold down clamps). This variance is to be expected and not covered under warranty under any circumstances. Customer is to make adjustments using a mallet or slightly backing/loosening screws out of holes, adjusting alignment, then re tightening the screws as needed. Edge banding on the pre-finished birch plywood cases is made from the same material and finish as the cabinet doors (painted doors will have a color and sheen matched PVC edge banding for durability reasons). Color and/or grain will be close, but we do not guarantee a match between the cabinet doors and edge banding. Color variation between your doors and edge banding is common and to be expected especially on photo-sensitive woods such as cherry, walnut, and sapele, as the rolls of banding are older than the freshly milled cabinet doors. As well, painted doors may have some color/sheen variation between the "PVC" edge banding and the "painted" cabinet doors. Damage to cabinets parts are covered under warranty so long as the damage would be seen once the cabinet has been installed. Damage to cabinet parts would be as follows: *Defects larger than 1" in length or diameter will qualify for warranty/replacement **City reserves the right approve or deny warranty/damage claims in all cases ***Remakes are not redeemable for monetary refunds. Remakes have no cash value and are available only for the original product subject to approval by City Cabinets. Doors, drawer fronts, moldings, and drawer box paint defects/wood defects/damage and all other general claims Painted, stained, and finished products are hand sprayed/painted. As this is a real wood/living product and sprayed by hand, some slight blemishes are to expected. End grains (top and bottom of the doors/drawer fronts where the stiles end) will have a different texture than the face of the cabinet doors after paint/finish has been applied. As always, we recommend ordering a sample door prior to placing your main order. To qualify for warranty replacement we classify defects in the following manner: Defect- defined as any damage, heavy wood grain, knot, blemish, scratch, lack of finish, pit, hole, rub mark, discoloration, sheen variance, gouge, lump, paint chip, raised area, indent, etc.
2. Cabinet case interior is real maple veneer coated with a baked on UV natural finish. Mineral streaks (black streaks), knots, discoloration, etc of the maple veneer are common and not covered under warranty. 3. Painted and finished products are hand sprayed/painted. Holes (for hooks used to hang the product) may be added to the top, bottom, sides, or back as needed, to hang parts for spraying. Holes used to hang the product will not be touched up and will not quality for warranty under any circumstances. As this is a real wood product and sprayed by hand, some slight blemishes are to expected. End grains (top and bottom of the doors/drawer fronts where the stiles end) will have a different texture (rougher) than the face of the cabinet doors after paint/finish has been applied (they soak up paint at a different rate). End grains are not covered under warranty as rougher texture and potential "pitting" (tiny holes in paint) will be common on painted products. 4. Seams and slight joint separation can and will develop over time on the frame of the door where the stiles and rails meet. This is common with a solid wood painted 5 piece door and not considered a defect. 5. Structural pin nail head on the backsides of the cabinets doors are not covered under warranty. Pin nails are used to keep the center panel stable and centered. Panels can shift in transit. Panel shifting is not considered a defect. Panel can be easily shifted back into place, on site, by the customer, with a bit of force/adjustment. Contact customer service for further instructions on center panel adjustments. 6. SLAB PLYWOOD DOORS- Slab plywood doors are real wood veneer over plywood with a "banded" edge. Edge banding is of a matching wood species. A banded edge door may have a rough seam that may show through the paint/stain when the door is finished. By selecting/ordering this door style you understand and agree to the fact that wood grain and small defects will show through the paint on the face of the door and the seam on the edges. Seam issues will not be covered under warranty as this is an edge-banded real wood product and these issues have been disclaimed to you prior to ordering. We highly recommend ordering a full painted or stained door sample to view the quality and look first-hand prior to placing your main order. In addition, due to the manner in which the veneered panels are cut from the panel stock, it is not possible to guarantee that the grain will be continuous from front to front on a single cabinet, or match up with the grain pattern on any adjacent cabinetry installed (grain matching is not available). In an effort to maintain efficiency and reduce waste, grain matching is not a service that we can offer, and mismatched grain patterns will not be grounds for replacement under warranty in any circumstance. This caveat applies to any other veneered panel stock sold through this website as well, such as moldings or custom panels. 7. Replacement of standard cabinet parts with new parts of a different size due to installation or assembly issues will not be allowed. Cabinet specs are locked in and not able to be changed after a cabinet has been sent into production. 8. Raised Panel Doors- Raised panels are made from strips of lumber (Glue-ups) glued together to create a single raised center panel. 1.5" to 3" wide planks are used to prevent warping, bowing, and cracking (i.e. the center raised panel will not be a single with wood plank). Wider glue ups are not available cabinet door construction. 9. "Bridging" (Where paint/finish connects from door panel to door frame). On the face of the door, where the panel and frame connect, this area will not be caulked prior to painting. Caulking can crack and fail over time. "Bridging" (i.e. where the paint bridges/spans the gap between frame and panel) is common and can occur in various areas of your door occasionally. Bridging is not covered under warranty and will not qualify for replacement or repair. 10. Etching (Signifying engravings/markings on the backsides of painted /stained/clearcoated doors, drawer fronts, etc). Doors are sprayed in very large groups/quantities. In order to distinguish between projects, we etch the job number, cabinet number, and paint code into the backside of every painted product we sell (about 1/2" to 3/4" tall writing). Etching is not considered a defect and will not be covered under warranty in any instance/situation. 11. All products sprayed with "PRIMER ONLY" are not covered under warranty for surface scratches and wood defects as defined above (i.e. final sanding and finish coats will cover any defects, therefore it is the task of the customer ensure proper sanding and application of all finish paint coats). Gouges, dents, dings, primer build-up, and grain defects should be filled (bondo or any other wood filler) and sanded by customer prior to application of paint coats applied on site by customer. 12. Inset Panel Doors- Color variations from door panel to door frame are common and to be expected. Inset panels are veneer over substrate and have thus aged longer than freshly milled stile and rail (frame) material. Color tone will even out as the frame naturally cures to its final color (weeks to months). 13. Please note that we reserve the right to make changes to paint, stain, and all other finish formulas without notice. Changes to formulas may affect color tone and texture of the finished product. Orders placed separately (days, weeks, months apart) are not guaranteed to match perfectly. When placing new orders to match old painted products, customer is advised to order their door in raw wood, then have a local painter attempt to match paint color and sheen to aged paint displayed on site. We do not provide color matching under any circumstance. All drawers manufactured by City Cabinets are warranted to be free from defects in material and workmanship for as long as the original consumer purchaser owns the home where installed. All drawer guides and hinges are warranted by the manufacturer to be free from defects in material and workmanship for as long as the original consumer purchaser owns the home where installed. These warranties are not transferable to subsequent owners. City warranties apply only to product used in single-family, non-rental, non-commercial residences. This warranty does not cover damage from misuse, abuse, neglect, improper storage, defects caused by installation or storage or transportation, moisture or heat-related damage, normal wear and tear, or acts of God. Should defects in material or workmanship exist during this warranty period, City will elect at its discretion to either repair or replace free of charge the defective material or component, excluding labor costs. This warranty covers only parts and materials supplied by City Cabinets, and does not cover costs for removal or installation of counter tops, plumbing fixtures, appliances or related materials, or labor costs. Natural and environmental factors will affect cabinet products over time; therefore, City cannot be held responsible for replacement product that may not exactly color-match installed product. City periodically updates and makes changes to its product line and specifications. If a warranty claim is filed against obsolete or changed product, City will replace the part(s) under warranty with a new part of the same style or with a similar style currently offered. City cannot be held responsible for replacement product that may not exactly match installed product. THIS WARRANTY IS THE EXCLUSIVE WARRANTY OF CITY CABINETS DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. To submit a warranty claim, the original consumer purchaser must contact City Cabinets. A copy of the original dated order confirmation (sent to you via email when you placed the order) must be presented as proof of purchase. If additional assistance is needed, please email: [email protected] Customer is responsible for all shipping costs if seller is not at fault. For any other questions regarding shipping and returns please contact City Cabinets. Contact Information: City Cabinets 19355 SW 125th Ct.Tualatin, OR 97062 Use of This Site Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of this Site. This license grant does not include: (a) any resale or commercial use of this Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of this Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods on this Site. You may not use, frame or utilize framing techniques to enclose any of Our trademark, logo, content or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without Our express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing Our name, trademark, or product name without Our express written consent. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the homepage of this Site so long as the link does not portray Us or Our products or services in a false, misleading, derogatory, or otherwise offensive matter. This limited right may be revoked at any time. You may not use any of Our logos or other proprietary graphics or trademarks as part of the link without express written permission. Account In order to access some features of this Site, you may be required to register and We may assign to you, or you may be required to select, a password and user name or account identification. If you register, you agree to provide Us with accurate and complete registration information, and to inform us immediately of any updates or other changes to such information. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Us of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with these Terms, and We have no obligation to investigate the authorization or source of any such access or use of this Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY SELECTED BY, OR ASSIGNED TO, YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. Electronic Communication When you use this 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 e-mail or by posting notices on this Site or through our other services. You agree that all agreements, notices, disclosures and other communication that We provide to you electronically satisfy any legal requirements that such communications be in writing. User Content This Site may include features and functionality ("Interactive Features") that allows users to create, post, transmit or store any content, such as text, music, sound, photos, video, graphics or code on the Sites ("User Content"). User Content is publicly-viewable and may include your profile information and any content you post pursuant to your profile, but it does not include your account information or information you submit in order to make a purchase. You agree that you are solely responsible for your User Content and for your use of Interactive Features, and that your use any Interactive Features at your own risk. By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any of the following:
Rights in User Content Except as otherwise provided in these Terms, on this Site or in a separate agreement with Us, We claim no ownership or control over any User Content. However, by submitting or posting User Content on this Site, you grant to Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, transferable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on this Site and on third-party sites and mobile applications and in all other media or formats, whether currently known or hereafter developed, for any purpose and without any compensation to you. You also grant users of this Site the right to access your User Content in connection with their use of this Site. By posting User Content to this Site, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to this Site and to grant to Us the rights that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with this Site, do not and will not violate these Terms or any other of Our applicable terms, guidelines or policies or any applicable law, rule or regulation. Feedback Separate and apart from User Content, you may have the ability to submit questions, comments suggestions, reviews, ideas, plans, designs, notes, proposals, drawings, original or creative materials and other information regarding this Site, Us and our products or services (collectively "Feedback"). You agree that Feedback is non-confidential and shall become Our sole property. We shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of the Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Restrictions on Rights to Use You agree you shall not (and you agree not to allow any other individual or entity using your password and identification to):
Ownership As between you and Us, this Site, including all photographs, images, text, graphics, icons, audio clips, software, source code and other aspects thereof (excluding User Content), all improvements or modifications thereof, all derivative works based thereon, and the collection, arrangement, and assembly of this Site (collectively, the "Site Content"), including all copyrights, trademarks, and other intellectual property or proprietary rights in the foregoing, are owned by Us or our licensors and protected by applicable copyright laws. The use of any of Our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent. Nothing in these Terms shall be deemed to grant to you or any other user any license or right in or to any of Our patents, copyrights, trademarks, trade secrets or other proprietary rights. Purchases on this Site You agree that all of your transactions with or through this Site may, at Our option, be conducted electronically from start to finish. If We decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you. The risk of loss and title for items purchased by you on this Site pass to you upon our delivery of the items to the carrier pursuant to a shipment contract. We charge sales tax for merchandise ordered on this Site based on the applicable state sales tax rate of the location to which the order is being shipped. When We ship to you or per your directions to another person, you agree to pay the shipping and any handling charges shown on this Site when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, so you agree to check all charges before placing an order or signing up for a service. Any shipping or handling charges may or may not reflect actual costs. Only valid credit cards or other payment method acceptable to us may be used. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. All returns are governed by our Return Policy, which can be found at [INSERT LINK TO YOUR RETURN POLICY]. We attempt to be as accurate as possible and eliminate errors on this Site; however, We do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on this Site, in an order confirmation, in processing an order, delivering a product or service or otherwise, We reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund. All items are subject to availability and We reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order. All prices are subject to change without notice. We reserve the right to refuse or cancel any orders placed for products and/or services which the sale or use of such product and/or service in your state or jurisdiction is restricted or prohibited. Links This Site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that We are not responsible for the operation of or content located on or through any such site. Termination You may terminate the Terms at any time by closing your account, discontinuing your use of this Site and providing Us with a notice of termination. We reserve the right, without notice and in our sole discretion, to terminate your right to use this Site, or any portion of this Site, and to block or prevent your future access to and use of this Site or any portion of this Site. Indemnification To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Us and our subsidiaries and affiliates, and our respective officers, directors, agents, partners, members, employees, independent contractors, service providers and consultants ("Our Related Parties"), from and against any claims, damages, costs, liabilities and expenses (collectively, "Claims") arising out of or related to (a) your access to and use or misuse of this Site; (b) any User Content you post, upload, use, distribute, store or otherwise transmit on or through this Site; (c) any Feedback that you provide; (d) your violation of these Terms; and (e) your violation of any rights of another. You agree to promptly notify Us of any third party Claims, cooperate with Us in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including but not limited to attorneys' fees). You further agree that the We shall have the right to control of the defense or settlement of any third party Claims. Disclaimers Except as expressly provided, this Site, including all Site Content, and services provided on or in connection with this Site are provided on an "AS IS" and "WITH ALL FAULTS" basis without representations, warranties or conditions of any kind, either express or implied. WE DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, CONDITIONS AND DUTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, DUTIES OR CONDITIONS: (A) OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, RESULTS, TITLE, AND NON-INFRINGEMENT; AND (B) CREATED BY TRADE USAGE, COURSE OF DEALING OR COURSE OF PERFORMANCE. We does not represent or warrant that this Site is accurate, complete, reliable, current or error-free. We do not represent or warrant that this Site or our servers are free of viruses or other harmful components. Exclusivity of Remedy; Limitation of Liability Your sole and exclusive remedy, and Our sole and exclusive liability, for any breach of warranty shall be your right to return the product, or receive a refund for the service under Our applicable returns and exchanges policies. IN NO EVENT SHALL THE WE OR OUR RELATED PARTIES, BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL OUR AND OUR RELATED PARTIES' AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE. THE LIMITATIONS SET FORTH IN THIS PARAGRAPH WILL NOT LIMIT OR EXCLUDE OUR OR OUR RELATED PARTIES' GROSS NEGLIGENCE, FRAUD, INTENTIONAL, WILLFUL, MALICIOUS OR RECKLESS MISCONDUCT. Remedies You agree that our remedy at law for any actual or threatened breach of these Terms would be inadequate and that we shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees. No right or remedy of ours shall be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses. Modifications to Site We reserve the right to modify or discontinue, temporarily or permanently, this Site or any features or portions thereof without prior notice. Severability If any these provisions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed several and shall not affect the validity and enforceability of any remaining provision. No Third-Party Beneficiaries These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party or to create any obligations or liability of a party to any such third party. Miscellaneous No agency, partnership, joint venture, or employment relationship is created as a result of these Terms, and you do not have any authority of any kind to bind Us in any respect whatsoever. We may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on this Site. These Terms, which shall be deemed accepted by you upon your use of the Site, constitute the entire agreement among you and Us regarding use of this Site. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of the enforcement of such right or provision. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by you, except with our prior written consent. These Terms include and incorporate by reference Our Privacy Policy, which can be found at [INSERT LINK TO YOUR PRIVACY POLICY], and any notices regarding the Site. Questions Questions regarding these Terms, Our Privacy Policy, or other policy related material can be directed to our support staff by emailing us at [email protected]. |