NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. VOID IN NEW YORK, FLORIDA, RHODE ISLAND, ALASKA, HAWAII, PUERTO RICO, U.S. VIRGIN ISLANDS AND WHERE OTHERWISE PROHIBITED BY LAW.
PARTICIPATION CONSTITUES PARTICIPANT’S FULL AND UNCONDITIONAL AGREEMENT TO AND ACCEPTANCE OF THESE OFFICIAL RULES.
I. ELIGIBILITY: The Win A 2020 Jeep Wrangler! Sweepstakes (“Sweepstakes” or “Promotion”) is open to legal U.S. residents residing in the United States and the District of Columbia (excluding New York, Florida, Rhode Island, Alaska, Hawaii, Puerto Rico, all U.S. territories and possessions and all overseas military installations). Must be at least eighteen (18) years of age (or the age of majority in their state of residence, whichever is older) and possess a valid U.S. driver's license on date of entry. Officers, directors and employees of E-Z 4x4 LLC (the “Sponsor”) their respective member companies, parent companies, subsidiaries or affiliates or Dealer-Partners and their affiliates (including the wholesalers and retailers themselves), their respective advertising and promotional agencies, or the independent judging organization (Sponsor and such entities, collectively, the "Release Entities"), members of the immediate families (defined for these purposes as including spouse, parents, grandparents, children, grandchildren, siblings, and each of their respective spouse) or households (whether related or not) of any of the above, are NOT eligible to enter or win. The Promotion is subject to all applicable federal, state, local laws and regulations, and is void where prohibited by law. Winning a prize is contingent upon fulfilling all requirements set forth herein.
You must have a valid e-mail address to participate. E-mail addresses received online shall be deemed to be submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an internet access provider, on-line service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
II. SWEEPSTAKES PERIOD: The Sweepstakesbegins 12:00 AM Eastern Time (“ET”) September 14, 2019 and ends 11:59:59 PM ET December 31, 2020 ("Sweepstakes Period" or “Entry Period”). The Website's database clock will be the official timekeeper for online entries in this Promotion.
III. HOW TO ENTER THE SWEEPSTAKES: A consumer will be deemed a Participant (“Participant” or “you”) in this Sweepstakes, if eligible and enters using one of the two (2) separate ways to enter this Sweepstakes:
1.) Auto Show and Events Method of Entry: Visit the E-Z Trunk event booth or kiosk at an Auto Show (“Auto Show”) where an E-ZTrunk Brand Ambassador (“Brand Ambassador”) will present you with a Tablet (“Tablet” or “Device”) to complete the registration and questionnaire form (“Form”). The Form will require your full name, mailing address (No P.O Boxes), city, state, zip code, phone number (for winner contact only), email address and to answer several Jeep related questions. Upon completion of registration and checking the Agree to Official Rules and the Age 18 Years of Age certification boxes, you are automatically entered into the Sweepstakes drawing.
2.) Website Registration Method of Entry: Available to consumers who do not wish to, or unable to attend an Auto Show event may go to the Sponsor’s landing entry page at https://www.2020JeepSweeps.com and follow the prompts to register a full name, mailing address (No P.O Boxes), city, state, zip code, phone number (for winner contact only), email address and to answer several Jeep related questions.. Upon completion of registration and checking the Agree to Official Rules and the Age 18 Years of Age certification boxes,, you are automatically be entered into the Sweepstakes drawing.
LIMITS: Entries are limited to one (1) entry per home address regardless of method of entry.
IV. GENERAL ENTRY CONDITIONS: Sponsor will not verify receipt of an entry (“Entry(ies)”).Release Entities are not responsible for lost, late, incomplete, illegible, stolen, misdirected, delayed or destroyed Entries. Incomplete information may result in disqualification of the Entry. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. Proof of sending an Entry will not be deemed to be proof of receipt by Sponsor. By participating in this Sweepstakes, Participants agree to be bound by these Official Rules and the decisions of the Administrator, which are final and binding in all matters relating to the Sweepstakes. By participating, you consent for Sponsor to obtain, use, and transfer your name, address and other information for the sole purpose of administering this Sweepstakes. All Entries become the exclusive property of Sponsor and will not be acknowledged or returned.
V. WINNER, SELECTION, NOTIFICATION AND ODDS: On or about January 8, 2020, one (1) potential Grand Prize Winner (“Winner”) will be randomly drawn from all eligible Participants by the Sweepstakes Administrator. The potential Winner will be notified and qualified by the Administrator. If a voice mail message is left a potential Winner is required to respond via e-mail or return phone call to Sweepstakes Administrator, in accordance with the instructions in the notification call with requested information, including a prize mailing address other than the one provided in the registration form. Response will not be accepted on Administrator’s answering service. If a potential Winner cannot be contacted after a reasonable effort during 48 hours has been exerted, or whose phone or e-mail provider indicates that the phone number or e-mail is invalid or unable to receive the communication (even if ultimately delivered thereafter), or if he/she cannot or does not comply with these Official Rules, found to be ineligible, rejects the prize, then such potential Winner will be disqualified, and an alternate potential Winner may be selected at Administrator’s sole discretion. The decisions of Sponsor and/or Sweepstakes Administrator, as applicable, will be final and binding on all matters relating to this Sweepstakes. Odds of winning will be influenced by the number of qualified Entries submitted during the Sweepstakes Period.
The Winner of a Prize valued over six hundred dollars ($600) will be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (collectively, the “Prize Acceptance Release”) within five (5) days of Sweepstakes Administrator’s first attempted notification of the Prize, or that potential Winner will be disqualified and an alternate potential Winner will be selected based on the criteria herein. Any potential Winner that forfeits a Prize by failing to respond to inquiries from the Administrator shall hold the Sponsor and the Administrator harmless and shall press no claims against them.
VI. PRIZE (“Prize”):
One (1) Grand Prize Winner receives a 2020 Jeep Wrangler. Approximate MSRP is $30,000.00 (USD).
VII. GRAND PRIZE ACCEPTANCE CONDITIONS: The Winner is solely responsible for all applicable federal, state, and local taxes associated with the receipt of the Prize and is required to comply with any and all applicable federal, state and local laws, rules and regulations. The Winner must accept the 2020 Jeep Wrangler (the “Vehicle”) within five (5) days after notification. The selection of the dealership is within the sole and absolute discretion of the Sponsor. The Vehicle will have such color, features and options as are chosen by Sponsor and will have a Manufacturer’s Suggested Retail Price of approximately $30,000.00. The payment amount of the Vehicle will be paid by the Sponsor, provided, however, that the Vehicle will be executed in the name of the Winner and the Winner assumes all responsibilities associated with the Vehicle Prize. Winner must also execute any documents necessary to take title to such Vehicle. The Vehicle Prize does not include title, tag, registration fees or applicable taxes, which are the sole responsibility of the Winner. The Winner shall be responsible for all other costs and expenses associated with the Vehicle Prize, including but not limited to personal injuries, property damage and death to third parties, insurance, fuel, tolls, routine maintenance, excess wear & tear or damage to the Vehicle and all applicable taxes. The color of the Vehicle and other available options and features is subject to availability of dealer. Actual Vehicle may vary from promotional images of the Vehicle. There are no additional warranties on the Vehicle except as may be offered by the manufacturer. Winner must be a licensed and insured driver and will be responsible for picking up the Vehicle at a location as specified by the Sponsor. Any cost of transporting Vehicle to another location is the responsibility of the Winner. Delivery of the Vehicle shall be made as soon as practical after the drawing, but in no event more than eight (8) weeks after the Winner executes the Prize Acceptance Release documents (as defined below). SPONSOR AND DEALERS SPECIFICALLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE VEHICLE.
The Grand Prize Winner must complete and execute the Prize Acceptance Release and provide any additional information (such as social security number and W-9) required by the Sponsor and Administrator. Winner is to receive an IRS Form 1099 for the value of the Prize. The Prize Acceptance Release must be returned within five (5) days of written notification; otherwise status as a Grand Prize Winner will be forfeited. Falsification of information on forms completed by Winner will be grounds for ineligibility and/or status/Prize forfeiture. Parents or legal guardians of a winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and twenty-one (21) in Mississippi) may be required to also sign the Prize Acceptance Release in order for the Grand Prize Winner be qualified to receive their Prize. The Prize Acceptance Release is subject to verification by the Sponsor.
All Sweepstakes Prizes offered by Sponsor are: (i) Non-transferable and non-refundable and must be accepted as awarded; (ii) The Release Entities make no warranty, guarantee or representation of any kind concerning any Prize; and disclaim any implied warranty; (iii) No substitution of Prize is offered, no transfer of Prize to a third party is permitted and any non-cash parts of the Prize are not redeemable for cash value, except as determined by Sponsor in its sole discretion, to substitute a Prize or Prize component with another item of comparable or greater value; (iv) Sponsor reserves the right to award a Prize of equal or greater value in the event that any of a published Prize becomes unavailable; (v) Any difference between the stated value of a Prize and the actual value of Prize will not be awarded; (vi) Upon forfeiture for any reason stated in these Official Rules, no compensation will be given except at the sole discretion of Sponsor; (vii) An unclaimed or undeliverable Prize will not be awarded after six (6) months of selection or the notification date; (viii) The Winner’s Entry and acceptance of the Prize offered constitutes permission (except where prohibited) for the Sponsor to use the winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state) for any and all public relations, advertising and/or promotional purposes as determined by Sponsor, in all forms of media and by all manners (now and hereafter known), in perpetuity, without notice, consent, review or approval or further compensation.
IX. RELEASES: Except where prohibited by law, acceptance of a Prize constitutes Winner’s agreement to hold the Release Entities harmless from and against any claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in any part, directly or indirectly, from acceptance, possession, use or misuse of Prize offered, or participation in this Sweepstakes related activities. Release Entities reliance upon Winner’s compliance with these Official Rules, or Winner’s participation in Prize related activities, further constitutes Winner’s agreement that the Release Entities may use Winner’s name, voice, likeness and/or biographical data for advertising and promotional purposes in any and all media worldwide without limitation or additional compensation.
X. INTERNET LIMITATIONS OF LIABILITY: If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the prizes using all non-suspect eligible Entries received as of the termination date. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. The Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to Participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a Winner based on an email address, the winning entry will be declared made by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
XI. GOVERNING LAW/DISPUTES: Each Winner agrees that any and all disputes, claims, causes of action, or controversies ("Claims") arising out of or in connection with the Sweepstakes shall be resolved, upon the election by either the entrant or Sponsor, by arbitration conducted by telephone, online and/or be solely based on written submissions without any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties, pursuant to this provision and the code of procedures of either the National Arbitration Forum ("NAF") or the American Arbitration Association ("AAA"), as selected by the entrant. IF ARBITRATION IS CHOSEN BY ANY PARTY WITH RESPECT TO A CLAIM, NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE THAT CLAIM IN COURT OR HAVE A JURY TRIAL ON THAT CLAIM. FURTHER, NEITHER SPONSOR NOR ENTRANT WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. EXCEPT AS SET FORTH BELOW, THE ARBITRATOR'S DECISION WILL BE FINAL AND BINDING. NOTE THAT OTHER RIGHTS THAT PARTICIPANT WOULD HAVE IF PARTICIPANT WENT TO COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. Unless both the Participant and Sponsor agree otherwise, the arbitrator may not consolidate more than one person's Claims and may not otherwise preside over any form of a representative or class proceeding. The arbitrator's authority to resolve Claims is limited to Claims between Sponsor and the Participant alone, and the arbitrator's authority to make awards is limited to awards to Sponsor and the entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Official Rules and without waiving either party's right to appeal such decision, should any portion of this paragraph be deemed invalid or unenforceable, then the entirety of this arbitration provision (other than this sentence and the paragraph below) shall be null and void.
If arbitration is not used to resolve a Claim, the entrant AGREES THAT THERE WILL NOT BE A JURY TRIAL. PARTICIPANT AND SPONSOR EACH UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY CLAIM OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE SWEEPSTAKES IN ANY WAY. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT. Participant agrees that this Sweepstakes shall be subject to and governed by the laws of Connecticut, without giving any effect to the principals of conflicts of law, and the forum for any dispute shall be in Waterbury, Connecticut.
XII. WINNERS LIST/OFFICIAL RULES REQUEST: For the names of the Winners or a copy of the Official Rules, send a self-addressed, stamped legal size envelope after January 8 2021 and no later than February 19, 2021 to: Compliance/ Win A 2020 Jeep Wrangler! Sweepstakes Winners List, PO Box 468, Stonington, CT 06378.
XIII. SPONSOR: E-Z 4X4, LLC, 95 Johnson Street, Waterbury, CT 06710
XIV. SWEEPSTAKES ADMINISTRATOR: Compliance Sweepstakes Services LLC, PO Box 468, Stonington, CT 06378.
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How do we use your information?
We may use the information we collect from you when you register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When you place orders or access your personal information, we offer the use of a secure server. All sensitive/credit information you supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our databases to be only accessed as stated above.
Do we use "cookies"?
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Netscape Navigator or Internet Explorer) settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. If you turn cookies off, you won't have access to many features that make your site experience more efficient and some of our services will not function properly. However, you can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as described below. The term "outside parties" does not include EZTRUNK. It also does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can you opt-out, remove or modify information you have provided to us?
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In an attempt to provide you with increased value, we may include third party links on our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these linked sites (including if a specific link does not work).
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Terms and Conditions
Please read our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.
Terms and Conditions
Last Updated: 03/28/2018
This website and any mobile application (collectively, this "Site") is owned by [EZ 4 X 4] ("We", "Us" or "[EZ 4 X 4 ]"). We are providing you with access to this Site and our online store (together, our "Services") subject to the following terms and conditions. By browsing, accessing, using, registering for or purchasing merchandise on this Site or otherwise using our Services, you are agreeing to all of the following terms and conditions, including any policies referred to herein (collectively, these "Terms"). So, please read these Terms carefully. We reserve the right to change this Site and these Terms at any time. If you are unwilling to be bound by these Terms, you should not browse, access, use, register for or purchase merchandise from the Site. You represent and warrant that you are at least 18 years old or visiting this Site under the supervision of a parent or guardian.
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.
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.
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.
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.
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):
We have no obligation to monitor any user conduct on this Site, and We reserve the right and have absolute discretion to monitor any user conduct on this Site at any time and for any reason without notice.
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.
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.
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.
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.
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.
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.
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.