- TERMS AND CONDITIONS
TERMS AND CONDITIONS
TERMS AND CONDITIONS
Updated January 1, 2014
These Terms and Conditions of Use (the “Terms”) set forth the terms on which Sons of Arthritis,provides you access to this web site (“Site”). By visiting or shopping at this Site, you accept the following Terms. Please read them carefully. If you do not agree to the Terms, you may not use this Site or other services. We reserve the right, at any time, to modify, alter, or update the Terms, and you agree to be bound by such modifications, alterations, or updates once they are posted on this Site.
By placing a Credit Card Knife order with the Sons of Arthritis LLC off the Internet, the customer verifies that they are over 18 years of age and are aware of all local, state and federal laws regarding the possession or carrying of the products they are ordering. Sons of Arthritis LLC shall be held blameless for any infraction of laws by the purchaser. New York City in particular has strict laws regarding our shipping products to their city. We do not ship our Credit Card Knife to New York City. This situation is beyond our control.
YOU EXPRESSLY ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. SONS OF ARTHRITIS IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS, AS AVAILABLE" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONS OF ARTHRITIS DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE - SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES IN CERTAIN CIRCUMSTANCES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN ADDITION, SONS OF ARTHRITIS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR MERCHANDISE PROVIDED THROUGH THIS SITE IS ACCURATE, COMPLETE OR CURRENT. THIS SITE'S OWNER DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE'S OWNER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Products, price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers. Except as specifically stated on this Site, under no legal theory, tort, contract or otherwise shall Sons of Arthritis LLC nor any of its directors, officers, employees, related companies, subsidiaries, merchants, content providers or any other party involved in the creation or maintenance of this site be liable for the following arising out of or in connection with the use of or inability to use this site: indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you. Sons of Arthritis LLC also 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 the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
COPYRIGHT AND PROPRIETARY RIGHTS
All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site ('Content') are the property Sons of Arthritis LLC its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary trade dress of Sons of Arthritis.
The Content of this Site is for personal use only. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purpose of placing an order with Sons of Arthritis LLC. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, re-sell or otherwise distribute or exploit any content from the Site except as expressly permitted by these Terms. Doing so will violate Sons of Arthritis LLC copyright, trademark and other proprietary rights.
All Content on the Site is protected by United States copyright, trademark and other laws and applicable international treaties and conventions governing intellectual property law. Any and all Sons of Arthritis LLC trademarks, logos, page headers, custom graphics, button bars, service marks and trade names which Sons of Arthritis LLC uses in connection with the Site shall remain the exclusive property of Sons of Arthritis LLC. Nothing contained in the Terms shall be deemed to give you any rights in or to any trademarks of Sons of Arthritis LLC. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
CONTENT PROVIDED BY USER
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Sons of Arthritis LLC or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Sons of Arthritis LLC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. By posting any communication or material on the site, you grant Sons of Arthritis and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments in an unlimited manner and in any media formats and through any media channels. You also grant Sons of Arthritis LLC and its affiliates and sub licensees the right to use the name that you submit with any review or comment, if any, in connection with such communication.
Sons of Arthritis is a registered trademark in the United States. Sons of Arthritis LLC trademarks may not be used without written permission and specifically should not be used in connection with any product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Sons of Arthritis LLC.
Any rights not expressly granted herein are reserved.
LINKS TO THIRD PARTY SITES
The Sons of Arthritis Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Sons of Arthritis LLC and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Sons of Arthritis is not responsible for webcasting or any other form of transmission received from any Linked Site. Sons of Arthritis LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Sons of Arthritis LLC of the Linked Site or any association with its operators.
Your Posts. Visitors to the Sons of Arthritis LLC Site ("users") may have an opportunity to publish, transmit, submit, or otherwise post (collectively, "Post") comments or other materials (collectively, "User Content"). In order to keep the Site enjoyable for all of our users, you must adhere to the rules below.
Your Responsibilities. In order for us to keep the Site safe and available for everyone to use, you agree to use the Site for lawful and appropriate purposes only. You agree not to use the Site in a way that:
- violates the rights of others including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
- uses technology or other means to access the Site that is not authorized by Sons of Arthritis (including by disabling or circumventing any content protection or access control mechanisms intended to prevent the unauthorized download, stream capture, linking, reproduction, or distribution of Site contents).
- involves accessing the Site through any automated means, including "robots," "spiders," or "offline readers" (other than by individually performed searches on publicly accessible search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices - but not caches or archives - of the Site and excluding those search engines that host, promote, or link primarily to infringing or unauthorized content).
- attempts to introduce viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- attempts to damage, disable, overburden, impair, or gain unauthorized access to the Site, including Sons of Arthritis servers, computer network, or user accounts.
- attempts to collect personally identifiable information in violation of Sons of Arthritis LLC Shop's
- encourages conduct that would constitute a criminal offense or give rise to civil liability.
- violates these Terms
- interferes with any other party's use and enjoyment of the Site.
No Spam or Inappropriate Content. You may not use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may take any technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.
You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Sons of Arthritis LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Sons of Arthritis LLC to disclose the identity of anyone posting any such information or materials.
You must be, or have first obtained permission from, the rightful owner of any User Content you Post. By submitting User Content, you represent and warrant that you own the User Content; you also represent and warrant that the Posting of your User Content does not violate any right of any party, including privacy rights, publicity rights, and intellectual property rights. In addition, you agree to pay for all royalties, fees, and other payments owed to any party by reason of your Posting User Content. Sons of Arthritis LLC will remove all User Content if we are properly notified that such User Content infringes on another person's rights. You acknowledge that Sons of Arthritis LLC does not guarantee any confidentiality with respect to any User Content.
Third Party Posts. Despite these restrictions, please be aware that some material provided by users may be objectionable, unlawful, inaccurate, or inappropriate. Sons of Arthritis LLC does not endorse any User Content, and User Content that is posted does not reflect the opinions or policies of Sons of Arthritis. We reserve the right, but have no obligation, to monitor User Content and to restrict or remove User Content that we determine, in our sole discretion, is inappropriate or for any other business reason. In no event does Sons of Arthritis LLC assume any responsibility or liability whatsoever for any User Content, and you agree to waive any legal or equitable rights or remedies you may have against Sons of Arthritis LLC with respect to such User Content. To notify us of any inappropriate User Content, email email@example.com
Sons of Arthritis LLC does not guarantee, warrant or endorse any product or service not manufactured or performed by Sons of Arthritis LLC nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Sons of Arthritis LLC. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Sons of Arthritis LLC.
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Sons of Arthritis LLC reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.
We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
You agree to defend, indemnify and hold Sons of Arthritis LLC harmless and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
CHOICE OF LAW
The Terms shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to conflict of law’s provisions. You hereby consent to the exclusive jurisdiction and venue of courts in Montgomery County, Texas, U.S.A. in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Sons of Arthritis LLC as a result of this agreement or use of the Site. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Sons of Arthritis LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Sons of Arthritis LLC with respect to the Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms are effective until terminated by either party. You may terminate your agreement with Sons of Arthritis LLC at any time by no longer accessing this Site and destroying all materials obtained from the Site. Sons of Arthritis LLC reserves the right, in its sole discretion, to terminate your right to use the Site and any rights provided to you under these Terms at any time, without notice, and accordingly deny you access to the Site, if you fail to comply with any term or provision. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.
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