Acceptance of Terms.
You understand and agree that temporary interruptions of this Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or services that we may use to provide this Site. You agree that this Site is provided “as is” and that we assume no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or other information.
This Site does not process credit cards or take other payment processing information. Payment processing is handled through third-party services. We are therefore not liable or responsible for your payment interactions on this Site. Charges may be billed in advance of service.
If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for your purchase, you agree that we may, at our option, suspend or terminate your purchase and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorneys fees and other legal expenses.
Third-Party Sites and Information.
This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material, or policies that may be incorrect or found to be objectionable. You understand that we are not responsible for the accuracy, completeness, appropriateness, or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the site or party by us, or any warranty of any kind, either express or implied.
For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States and is the sole property of Company or its Affiliates.
All custom graphics, icons, logos, and service names are registered trademarks, trademarks, or service marks of Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.
Limitations on Use of Content.
Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Privacy & Security.
In order to access some of this Site, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. If you register for an account on this Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password or account.
Disclosure to Third Party Affiliates.
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE WILL BE EFFECTIVE, ACCURATE, OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT ON THIS SITE WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY, TIME WITHOUT NOTICE. THE CONTENT AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT. THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR IN CONNECTION WITH THIS SITE AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CONTENT AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES. WE RESERVE THE SOLE RIGHT TO MODIFY OR DISCONTINUE THIS SITE, INCLUDING ANY OFFERINGS OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SITE SHALL ALSO BE SUBJECT TO THESE TERMS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
Limitation of Liability & Indemnification.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE. FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Termination of Use.
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of this Site with or without notice and for any reason including, without limitation, breach of these Terms. Upon termination and regardless of the reason(s) motivating such termination, your right to use this Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.
Although this Site may be accessible worldwide, we make no representation that this Site is or will be appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction including, but not limited to, the taxation of products purchased over the Internet.
This Site (excluding any Third Party websites) is controlled by us from our offices in Centennial, Colorado and the statutes and laws of the State of Colorado shall be controlling, without regard to the conflicts of laws principles thereof. You agree and hereby submit to the exclusive personal jurisdiction and venue of the courts located in Centennial, Colorado.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to [email protected], if by email, or to our address at 2011 Leeland St Houston, TX 77003 if in hard copy. You agree to allow us to submit notices to you either through the email address provided or to the address we have on record.
No Resale Right.
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site beyond the limited rights granted to you under these Terms.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of this Site arising from any event beyond our reasonable control, whether or not foreseeable by either party including, but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
These Terms constitute the entire agreement and understanding between you and us concerning the subject matter hereof and supersede all prior agreements and understandings between us with respect thereto. If any provision of these Terms is held to be ineffective, unenforceable, or illegal for any reason, we may reform such provision to the extent necessary to make it effective, enforceable, and legal or such provision may be deemed severed and in either case these Terms with such provision reformed or severed shall remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver of such portion of these Terms. These Terms may not be altered, supplemented, or amended by the use of any other document(s) other than as described above. To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.