By using this Website, purchasing products from the Company or utilizing any service or business offered by Company; you accept these conditions and agree to be bound by the terms of this Agreement. Please read them carefully. You may print up this Agreement at any time by clicking on the link on the Website.
User represents and warrants that User owns or otherwise controls all of the rights to the User Data; that the User Data is accurate; that use of the User Data does not violate this policy and will not cause injury to any person or entity; and that User will indemnify Company for all claims related to the User Data.
By providing your email address to Company, User consents to receive electronic communications from Company. Company will communicate with User by e-mail or by posting notices on this Website. User agrees that all agreements, notices, disclosures and other communications that Company provides to User electronically, satisfies any legal requirement that such communications be in writing. User further agrees that by supplying the User’s email to Company, User consents to receiving email communication from Company.
User’s use of the Website is subject to all applicable laws and regulations. User agrees not to upload, share, post, or otherwise distribute or facilitate distribution of Content (defined below) or User Data that is or is used in a manner that is “Objectionable,” including, without limitation, displaying any Content or posting any User Data that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to third parties, consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam," includes a false e-mail address, impersonates any person or entity or otherwise misleads as to the origin of a card or other content. Company reserves the right, but has no obligation, to remove or edit such Objectionable User Data.
“Content” is defined as including, without limitation, information, materials, products, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds and other material and services that relate to the Website or that can be viewed by Users on the Website including, without limitation, message boards, chat, other original content, text, communications, software, images, sounds, data, User Data, Registration Data or other information.
User is granted a nonexclusive revocable limited license to access and make personal use of the Website and not to download (other than page caching) any Content provided on the Website, except with prior written consent of Company. User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the Website so long as the link does not portray Company, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any of Company’s Intellectual Property Rights, specifically any Company service mark, logo or other proprietary graphic without Company’s express written permission. This license does not include any resale or commercial use of this Website or its contents; any derivative use of this Website or its Contents; or any use of data mining, robots, or similar data gathering and extraction tools. Notwithstanding the foregoing, User may not copy, commercialize, reproduce, modify, republish, upload, post, transmit, or distribute any of the Content from the Website in any form or by any means without prior written permission from Company or the specific content provider. User may not frame or utilize framing techniques to enclose any Intellectual Property Rights of Company without express written consent of Company. User may not use any meta tags or any other "hidden text" using Intellectual Property Rights without the express written consent of Company. User does not acquire ownership rights to any Content. Any unauthorized use of the Content is strictly prohibited and is a violation of Company’s Intellectual Property Rights that may result in criminal or civil penalties and immediately terminates the permission or license granted by Company.
Neither Company nor the Affiliates warrant or represent that User’s use of the Content or any other materials displayed on, or obtained through, the Website will not infringe the rights of third parties.
USE OF MATERIALS
User acknowledges the value of both Company’s Intellectual Property Rights and the intellectual property rights of others. If at any time the User believes its copyright, trademark or other property rights have been infringed by a posting on the Website, the User shall immediately send notification to Company’s “Designated Agent” that is identified below.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), Company’ Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about who repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
4040 West 70th Street, Minneapolis, MN 55435
User acknowledges and agrees that upon receipt of a notice of a claim of copyright infringement, Company may immediately remove the identified materials from the Website without liability to User or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
Company attempts to be as accurate as possible. However, Company does not warrant that product descriptions or other Content of this website is accurate, complete, reliable, current, or error-free. If a product offered by Company itself is not as described, User’s sole remedy is to return the product in unused condition.
THIRD PARTY SITES AND INFORMATION
The Website Content may link User to other sites on the Internet or include third party User Data, commentary, posts, blogs or otherwise include information, documents, software, materials and/or services provided by other parties (“Third Party Content”). Third Party Content may contain information or material that some people may find inappropriate or offensive. User Data and Third Party Content are not under Company’s control and Company has no affiliation, does not endorse or take responsibility for any User Data or Third Party Content and User acknowledges that Company is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the Third Party Content nor is Company responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such Third Party Content does not imply endorsement of, or association with, the Third Party Content by Company.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. USER EXPRESSLY AGREES THAT THE USER’S USE OF THIS WEBSITE IS AT USER’S SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS WEBSITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, THE SERVERS, OR E-MAIL SENT FROM COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USER THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Through User’s use of the Website, User may have the opportunities to engage in commercial transactions with other users and vendors. User acknowledges that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and User.
Although the Website may be accessible worldwide, Company makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, services and/or information made in connection with this Website is void where prohibited.
TERMINATION OF USE
PAYMENT OF FEES
Fees due by the User for using certain services or purchasing products are either set out in a separate agreement or described elsewhere in the Website and are the sole responsibility of the User (“Fee”). Any such agreement is incorporated by reference. If User incurs a Fee, User agrees to pay all Fees. Company will bill all Fees to User’s credit card or other automatic payment option available and provided to Company by User. User agrees to provide Company with accurate and complete billing information, including valid credit card information, User’s name, address and telephone number and to provide Company with any changes in such information within five (5) calendar days of the change. If, for any reason, User’s credit card company refuses to pay the Fee, User agrees that Company may require User to pay any unpaid amount due upon demand (“Default”) by other means acceptable to Company. If legal action is necessary to collect any Fees due, User agrees to reimburse Company for all expenses incurred to recover Fees due, including collection fees, attorney’s fees and other expenses.
Each Account is for User’s personal use only and not on behalf of any other person or entity. Company does not permit (a) any other person to utilize the User’s Content and/or Account or (b) access to the Account to be made available to multiple users on a network. User is responsible for preventing such unauthorized use.
Unless in downloadable format, most product orders placed with Company are delivered via Fed ex, UPS and USPS, within four (4) business days to two (2) weeks of ordering product. Back orders can take up to six (6) weeks depending on type of product ordered. User will pay all shipping charges for items ordered and returned items. Shipping charges are subject to change without prior notification to User.
RISK OF LOSS
All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to User upon our delivery to the carrier.
FURTHER, COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE WEBSITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS WEBSITE INCLUDING, WITHOUT LIMITATION THE PROCESSING OF ORDERS.