Terms of Service
The Website and Products are offered subject to your acceptance of these Terms and Conditions (hereinafter referred to as the “Terms” or “Agreement”). These Terms constitute a legally binding agreement between you and us and you should read them carefully. By agreeing to these Terms, you agree to our Privacy Policy, Online Return Policy, Store Return Policy, and Shipping Policy, all of which are expressly incorporated by reference into these Terms.
This Agreement contains an Arbitration Agreement and a Class Action Waiver, which waives your right to seek a court hearing or jury trial or to participate in a class action lawsuit. Unless otherwise provided below or you opt out, arbitration is mandatory and the exclusive remedy for resolving any and all disputes. You must read this document in its entirety before accessing, using, or purchasing any products through the Website.
User Obligations
By downloading, accessing, or using the Website, you represent that you are eighteen (18) years of age or older, or the age of majority (whichever is older), and agree to these Terms. You also agree to comply with all applicable local, state, and national laws and regulations relating to your use of the Website. You further represent that you will always provide true, accurate, current, and complete information (and any updates thereto) when submitting information to us through the Website. You may use the Site only as permitted by this Agreement and may not use the Site or its Content for any commercial, political, obscene, illegal, or inappropriate purpose. We reserve the right, in our sole discretion, to terminate your access to the Site for any or no reason. If you register for an account on the Site, you may be required to specify an email address and password, and we may specify additional requirements from time to time. You agree to accept all responsibility for your use of the Site, including all activities conducted under your password (and associated account access). If you suspect or become aware of any lost, stolen, or unauthorized use of your password, you must notify us immediately.
Purchases through the Site
All purchases made through the Site are subject to our acceptance. This means that we may refuse to accept or cancel any transaction at our sole discretion without liability to you or any third party. The Site does not permit orders from resellers, wholesalers, or other customers who intend to resell merchandise offered on the Site. We expressly state that our acceptance of your order is conditional upon your agreement to these Terms and Conditions and any additional terms and conditions governing the purchase of specific products presented to you on the Site. By ordering products through the Site, you agree to provide true, accurate, current, and complete information. We reserve the right to discontinue or change the specifications and prices of products offered on and off the Site without prior notice and without incurring any obligation to you. Prices and availability are subject to change without notice, and we reserve the right to revoke any offer to correct errors, inaccuracies, or omissions.
We hope you are satisfied with the products you purchase on the Site. If you would like to return a product, please review our Online Return Policy and our In-Store Return Policy, which are incorporated into this Policy.
Website Ownership and Content
The Site contains materials including, but not limited to, text, images, designs, photos, videos, audio clips, graphics, button icons, images, advertising copy, URLs, technology, software, and the overall arrangement or “look and feel” of such materials, including copyrighted material, as well as trademarks, logos, and service marks belonging to us, its licensors, licensees, or other third parties (collectively, the “Content”). The Site and Content are owned, licensed, or controlled by us, its licensors, and certain other third parties, and all right, title, and interest in and to the Content and the Site are owned by us, its licensors, or certain other third parties and are protected to the fullest extent possible by U.S. and international copyright, trademark, trade dress, patent, or other intellectual property and laws. By using this Website, you do not acquire any ownership, intellectual property, or other interest in any items or content on the Website. Subject to your agreement and compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access, display, view, and use the content on this Website solely for your personal, non-commercial use. You agree that we may immediately suspend or terminate the availability of this Website, its content, or products without notice to you and without liability to you or any third party.
User-Generated Content
By submitting or posting any material or content (“User-Generated Content”) on this Website, you grant us a perpetual, irrevocable, royalty-free, worldwide, royalty-free, sublicensable, and transferable license to reproduce, publish, translate, modify, reformat, create derivative works from, distribute, copy, and sublicense such material or any portion thereof. You hereby represent, warrant, and covenant that any User-Generated Content you provide does not violate any law or the rights of any third party and that you have all the rights necessary to grant us the license set forth above. We may use any User-Generated Content without any obligation of confidentiality, attribution, or compensation to you. LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES. EXCEPT AS OTHERWISE REQUIRED OR PROHIBITED BY LAW, THE SITE AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ACCESSIBLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. WE DO NOT WARRANT THAT: (1) THE INFORMATION ON THE SITE IS CORRECT, ACCURATE, OR RELIABLE; (2) THE FUNCTIONS CONTAINED IN THE SITE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL WE OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, REGARDLESS OF THE CAUSE OF ACTION, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM, CAUSE OF ACTION, COST, EXPENSES, COSTS, OR Notwithstanding anything to the contrary in these Terms, this disclaimer and limitation of liability will not apply in the State of New Jersey.
Links to Third-Party Websites
This Website may contain links to third-party websites, such as those from advertisers, sponsors, content partners, and third parties. The inclusion of any link on this Website does not imply our endorsement of that link, and we expressly disclaim any responsibility for the content, materials, accuracy of information, or quality of products or services available on, through, or advertised by such third-party websites.
Privacy
You understand, acknowledge, and agree that the operation of certain portions of this Website or the receipt of certain information (such as registering or creating an account on this Website) requires the submission, use, and dissemination of certain personally identifiable information. Please note that by providing your mobile phone number to this Website, you are electronically consenting to be contacted by telephone (including by autodialer, prerecorded messages, SMS, and MMS), even if the number you provide is on a company, state, or national “Do Not Call” list. You understand that your consent is not required to purchase merchandise.
Electronic Signatures and Agreements
You acknowledge and agree that by clicking the “Submit,” “Download,” “Place Order,” “I Accept” button, any link for submitting billing or shipping information, or a similar link designated by us, you accept these Terms and Conditions, submit your legally binding electronic signature, and enter into a legally binding contract. You acknowledge that your submission of an electronic signature constitutes your agreement and willingness to be bound by this Agreement. Subject to any applicable statutes, regulations, rules, ordinances, or other laws, including but not limited to the U.S. Electronic Signatures in Global and National Commerce Act (PL 106-229) (the “Electronic Signatures Act”), you hereby consent to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed through the Site or our products. Furthermore, you waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or the delivery or retention of non-electronic records, or to payments or the granting of credits by non-electronic means.
Sales Tax
We comply with state sales and use tax regulations, with specific rates depending on the destination of your shipment. When you complete checkout and confirm your delivery information, all applicable taxes will be calculated based on the total price of your merchandise. Additionally, your order total at checkout will reflect estimated taxes. The actual charges to your payment method will reflect all applicable state, local, and county taxes and will be calculated after your order ships.
Various
This Agreement constitutes the entire agreement between you and us and supersedes any prior versions of this Agreement between us. If any provision of this Agreement is found by an arbitrator or, if applicable, a court of competent jurisdiction, to be invalid, the remaining provisions will not be affected and will remain in full force and effect. Furthermore, such provision may be modified or severed from this Agreement to the extent necessary to make it enforceable and consistent with the remainder of this Agreement.