Hello and welcome to our website. All of us at SHOP (referred to herein as "SHOP," "we," or "us"), thank you for your interest in our products.
The following are the terms of a legal agreement ("Agreement") between you and SHOP. By accessing, browsing, and/or using this website ("Site"), you acknowledge that you have read, understood and agree to be bound by these terms and to comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you do not agree to these terms, please do not use this Site.
The materials on this Site are presented solely for promotional purposes in the United States. This Site is operated by SHOP from our store in Cordele, Georgia, United States of America. SHOP makes no representations that materials in this Site are appropriate or available for use in other locations. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local and national laws.
This is the entire agreement between us relating to your use of this Site. SHOP reserves the right to change, modify, add or remove portions of this Agreement at any time. Please check these terms periodically for changes. You agree that each time you visit our Site, you shall be subject to and bound by the current terms of this Agreement. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the SHOP.
1. Limited License
Subject to these terms and conditions, SHOP grants to you a non-exclusive, non-transferable, limited right to access, use and display this Web Site and its contents. SHOP authorizes you to view its Web Site and download reasonable portions of its information and other contents (“Content”) only for your personal, non-commercial use. You will not modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use the Content for any public or commercial purpose, and you will not transfer the Content to any other person unless you give them notice of, and they agree to accept, the obligations arising under this Agreement. You agree not to interrupt or attempt to interrupt the operation of this Web Site in any way.
2. Accuracy of Content
SHOP has endeavored to provide accurate and timely information, though there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice. SHOP reserves the right to change, suspend, disable, or delete any and all content contained on this web site at any time without notice. SHOP may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SHOP.
3. Ownership
This Site is owned and operated by SHOP, and, unless otherwise noted, SHOP owns the Copyright in all materials provided here. The Site itself, including all textual and graphic content, is Copyrighted ©2008 by SHOP, with all rights reserved.
4. Trademarks
The trademarks and service marks ("Trademarks") used or displayed on this Site are registered and unregistered trademarks of SHOP and others, unless otherwise noted. Nothing in this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without the express written permission of SHOP or the trademark owner. The name "SHOP" or any of SHOP’s logos may not be used in any way without SHOP’s prior written consent.
5. Linking
Any link on this Web Site to third party web sites is being provided by SHOP to you solely as a convenience. The inclusion of a link in this Site does not imply SHOP’s endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Third party sites are not covered by SHOP’s Privacy Policy. SHOP makes no warranty or representation regarding the linked sites themselves or the contents thereon and SHOP is not in any way responsible for such information or content or for the privacy or security practices of such third party sites. SHOP does not endorse or sponsor any linked web sites, the information appearing thereon, or any of the products or services described thereon.
SHOP further makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability for any web sites linking to this Site. SHOP disclaims and forever waives any and all responsibility for the contents of any site linked to or from this Site, and assumes no responsibility, and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or any linked site.
The indemnity provisions set forth below apply in full measure to any linked site, and any person or entity linking to this Site shall indemnify and hold harmless SHOP from any claim arising from or relating to the linked site.
6. Online Orders
No agreement to sell products or services shall be formed until between you and SHOP until an order is placed by you and accepted by SHOP in the manner set forth in SHOP’s specific ordering instructions. The terms of such agreement shall be SHOP’s standard terms and conditions of sale. All product requests or orders are subject to applicable law, including without limitation any applicable export and import regulations and boycott restrictions.
7. Disclaimer
THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. SHOP DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION CONTAINED IN THE CONTENT SHALL BE AT YOUR SOLE RISK. IN NO EVENT IS SHOP RESPONSIBLE FOR, AND SHOP DOES NOT ACCEPT AND HEREBY DISCLAIMS LIABILITY FOR, ANY DAMAGES WHATSOEVER IN CONNECTION WITH THE USE OF OR RELIANCE ON THE INFORMATION OR OTHER CONTENT HEREIN OR BY REASON OF ANY INACCURACIES, ERRORS OR OMISSIONS IN SUCH INFORMATION OR OTHER CONTENT, OR ANY DELAY, NON-PERFORMANCE, INTERRUPTION OR TERMINATION OF THE TRANSMISSION OR DISPLAY THEREOF, FROM ANY CAUSE.
To the extent that the applicable law in your jurisdiction do not allow the exclusion of implied warranties, the above exclusions may not apply to you. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, act of God, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
8. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL SHOP BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF SHOP OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHOP’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
9. Contract Interpretation
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, irrespective of any applicable conflicts of law principles. If any provision of this Agreement is ruled to be unlawful, void, or otherwise unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between you and SHOP relating to the subject of this Site. You agree that no joint venture, partnership, employment or agency relationship exists between you and SHOP as a result of this Agreement or use of this Site.
10. Indemnity
You agree to defend, indemnify, and hold SHOP harmless, its officers, directors, employees, and agents from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from your use of the materials or your breach of the terms of this Agreement. SHOP shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense and in SHOP’s discretion, in defending any such claim, suit or proceeding.
11. Dispute Resolution
Any dispute arising with respect to this Agreement shall be resolved by negotiation between the parties, and must be brought within one year after the claim or cause of action arises. If legal action is necessary to resolve any dispute, such action must be brought in an appropriate federal or state court located in Crisp County, Georgia. You expressly waive and are estopped from asserting any right to pursue any claim against SHOP relating to this Agreement in any forum or venue located outside of Crisp County, Georgia. Should you file any such claim outside of Crisp County, you stipulate to the transfer of the filing to any appropriate or available forum or court in Crisp County, at SHOP’s sole discretion and at your expense. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
Once again, thank you for your interest in SHOP.
