Terms & Conditions
Terms & Conditions Last updated: 1/12/2014
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
By registering and using Outspokentoys.com (referred to as the "Site"), you agree to these Terms & Conditions and the general principles for the Site regardless of whether you have read through all of the applicable terms. OutspokenToys, Inc owns and manages the operation of Outspokentoys.com. As used in these Terms & Conditions, "Site", "us" or "we" refers to Outspokentoys.com, Outspokentoys.com and its subsidiaries and affiliates. WE RECOMMEND THAT YOU READ THESE TERMS & CONDITIONS, AS THEY INCLUDE TERMS SUCH AS LIMITATIONS OF LIABILITY, CHOICE OF FORUM FOR DISPUTES AND OTHER PROVISIONS THAT MAY LIMIT YOUR RIGHTS.
You must accept all of the terms in these Terms & Conditions before you become a registered user of the Site. By accepting these Terms & Conditions, you agree that these Terms & Conditions will apply whenever you use the Site or any service or business offered on the Site. In addition, you will also be subject to any additional terms and guidelines applicable to any such separate service and business (which, if inconsistent with these Terms & Conditions, shall control). If you do not agree with any of these Terms & Conditions, including any linked documents, do not use the Site.
We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions and all linked documents. You can determine when these Terms & Conditions were last revised by referring to the "LAST UPDATED" legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; but any material change to these Terms & Conditions will not be applied retroactively to any claim or dispute between you and us in connection with these Terms & Conditions that arose prior to the applicable "LAST UPDATED" date in which we included such material change.
We may, at any time: modify or discontinue all or any part of the Site; charge, modify or waive fees required to use the Site; or offer opportunities to some or all Site users.
When you visit the Site, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that to the maximum extent permitted by law, all agreements, notices, disclosures and other communications that the site provides to you electronically satisfy any legal requirement that such communications be in writing.
ACCURACY OF INFORMATION PROVIDED BY YOU
You represent and warrant that any information that you provide in connection with your use of the Site is and shall remain true, accurate, and complete, and that you will maintain and update such information as needed. You agree that if any information you provide is false, inaccurate, obsolete or incomplete, we may terminate your use of the Site.
You are required to register with the site in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you, and you may not use, a user name (or email address): that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
Your username and password are for your use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.The site reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
This Site reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site, and to block or prevent future access to and use of the Site if you violate any of these Terms & Conditions. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that we may immediately deactivate or delete your password and username, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and we shall not be required to make such information or files available to you after any such termination. You are required to bring your account current for any open charges due us. Should you be eligible to receive a refund of a credit balance, we will return funds after 30 days to insure all funds due us are collected. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, limitation of liabilities, and all indemnities shall survive such termination.
Account owners may not sell their accounts to another party without the express written consent of Outspokentoys.com
OutspokenToys makes available products and services for purchase through the Site, and we may use third–party suppliers and service providers to enable e–commerce functionality on the Site. If you wish to purchase any product or service made available through the Site (each such purchase, a "Transaction"), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S), DEBIT CARDS or PAYPAL™ ACCOUNT UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to the site the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Descriptions and images of, and references to, third–party products or services available in connection with the Site do not imply OutspokenToys or Outspokentoys Entities' endorsement of such third–party products or services. All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. All DVDs and similar products sold are for private, non–public, home use (where no admission fee is charged) and may not be duplicated. The Site reserves the right, with or without prior notice: to limit the available quantity of or discontinue any product or service; to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all Transaction(s); and/or to refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
When you checkout, the shipping costs are an estimate and the actual shipping costs could be more or less than what the shopping cart estimates. On a weekly basis, we will reconcile your actual shipping charges against your account balance and notify you by email. Debit balances owed the Site are charged to your credit card on file. Credit balances remain in your account for your next purchase.
INTERNATIONAL ORDERING & SHIPPING
We accept payments via Paypal™. We assume NO responsibility for your shipments once they have left our warehouse. We accept no responsibility if your items are opened, damaged, and or confiscated by the customs agents in your country. The customer is responsible for all freight charges, insurance, handling charges and customs fees.
The Site may assess a 25% restocking fee and all applicable freight and handling charges will be debited to your account for refused/returned orders. If the fault is with the Site, the order will be fully credited or reshipped at our expense. For drop shipping, if the mail courier fails to locate your customers address we assume NO liability for failed shipments and you agree to pay all return shipping costs, re-shipping costs, fees and or refunds due to your customers if they cancel the order.
Effective January 1, 2013, UPS has implemented an address verification system. If they are required to change an address to make delivery, they will assess a fee of $12.00. Additionally, if UPS is required to intercept a package in route, they will assess an additional fee of $16.00. These additional fees will be charged to your account/credit card.
Items sold by the Site are sold as adult novelties. There may be items in our inventory that are not legal in your city, county, state and or country. It is your responsibility and obligation to check local, county, state and country laws and ordinances before ordering, we assume no responsibility for items ordered by you that are deemed illegal by your place of origin.
By ordering our products you hereby agree to hold OutspokenToys Inc. and Outspokentoys.com and its affiliates and officers completely harmless for any and all legal matters, fees, and or damages to your business perceived or otherwise, including attorney's fees, that would arise out of any use of our products or services.
By using the Site, you acknowledge you are at least 18 years of age and/or have the legal right to possess adult material in your community.
All goods sold through this site are sold as 'novelty goods'. Customer agrees to hold OutspokenToys, Inc, Outspokentoys.com, and its affiliates, officers, employees and services providers harmless against any claim of injury caused by their use.
The Site strives to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, the Site cannot guarantee that your monitor's display of any color will be accurate. Additionally, colors may vary in production.
AVAILABILITY, ERRORS AND INACCURACIES
If an item is out of stock, it cannot be purchased. The depiction of the product package you order may differ from the product package you receive.
The Site's acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped, or that the availability of an item has been confirmed. The Site makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of the items on the Site may be described inaccurately or be unavailable, and we may experience lags in uploading updates throughout the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of the information, including, product images, specifications, availability and services. The Site reserves the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice. We apologize for any inconvenience.
Any merchandise not in stock will be automatically canceled for drop ship orders and refunded to your wholesale account balance. For bulk wholesale orders, we may forward the canceled items to the next available warehouse. Please be aware that an additional shipping cost may be charged. If the item is not in stock at any other vendor, your wholesale account will be refunded for the out of stock item.
RISK OF LOSS
The risk of loss and title to products purchased on the Site pass to the purchaser upon delivery to the carrier.
Customs departments in each country often have regulations that should be investigated prior to placing orders; these may pertain to duty taxes and-or allowable items. The Site is not responsible for any additional expenses incurred or for the retention of your order by customs if it does not pass inspection and you will not be refunded. You are responsible for all expenses in these circumstances.
Outspokentoys.com will accept Returns of defective or incorrect items only, but as a general guideline:
Faulty goods – Contact us as soon as you have received information of a defective item from your customer, for an RMA. Your customer may need to send the item back to us with a note describing the defect, and the order reference/ invoice number for the original purchase, as well as a copy of the packing slip. We will replace the item for you, or credit your wholesale account balance, depending on your customer's choice.
The DEFECTIVE goods must be in their original condition & original packaging.
The DEFECTIVE goods must be received by us within 30 days from the day you receive your order.
NO UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes. As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Activities including, but not limited to, tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
(a) accessing data not intended for you or logging onto a server or an account that you are not authorized to access;
(b) using the Site for unintended purposes or trying to change the behavior of the Site;
(c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;
(d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting malware to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing";
(e) forging any header or any part of the header information in any email or posting; or
(f) forging communications on behalf of the Site (impersonating the Site) or to the Site (impersonating another user).
Sending unsolicited and unauthorized email on behalf of the Site, including promotions and/or advertising of products or services, is expressly prohibited.
You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by the Site or generally publicly available browsers. Violations of system or network security will result in immediate termination of your wholesale account and may result in civil or criminal liability.
Further, you will not:
(a) post, transmit, or otherwise make available through or in connection with the Site:
Anything that is or may be (i) threatening, harassing, degrading, hateful or intimidating; (ii) defamatory; (iii) fraudulent; (iv) objectionable; or (v) protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express prior consent of the owner of such right;
Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as "hacking," cracking," or "phreaking"; or
Any material, non-public information about a company without the proper authorization to do so;
(b) use the Site to defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others' privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site;
(c) impersonate any person or entity, including without limitation any representative of OutspokenToys; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
(d) restrict or inhibit any other person from using the Site (including without limitation by hacking or defacing any portion of the Site);
(e) use the site to advertise or offer to sell or buy any goods or services without OutspokenToys express prior written consent;
(f) reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
(g) modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site;
(h) remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the site;
(i) frame or mirror any part of the Site without OutspokenToys express prior written consent; or
(j) create a database by systematically downloading and storing Site content.
You acknowledge that any purchased goods licensed or sold on the Site, which may include technology and software, and all software, including all HTML code and controls that are contained on the Site, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. THE COPYING OR REPRODUCTION OF SUCH SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. By purchasing products, downloading or using technology or software from the Site, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of the law.
INTELLECTUAL PROPERTY NOTICE
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software and other material (collectively "Content"), is owned or licensed property of THE SITE or its software and content suppliers and is protected by copyright, trademark, patent or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of the Site and protected by U.S. and international copyright laws.
The Site and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials that appear on the Site. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of The Site's or any third party's intellectual property rights.
LINKS TO THIRD PARTIES' WEBSITES
The Site may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers. The Site is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms and conditions and content of any such website. Before enabling any sharing functions of the Site to communicate with any such website, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information sharing functions of each such third party website. The links and interactive functionality for third party sites on the Site in no way constitute an endorsement by us of these third party websites. Other sites may link to the Site with or without our authorization, and we may block any links to or from the Site. YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES IS AT YOUR OWN RISK.
DISCLAIMERS OF WARRANTIES -- GENERAL
While the Site attempts to ensure your access and use of the Site is safe, we cannot and does not represent or warrant that the Site or its server will be error–free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks) or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS (INCLUDING SOFTWARE), SERVICES AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED BY the Site ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. The Site MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, THE ACCURACY OR COMPLETENESS OF CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR ITS SERVERS, OR THAT EMAILS SENT FROM THE SITE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS PRODUCTS (INCLUDING SOFTWARE), SERVICES OR USER CONTENT OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE SITE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
THE SITE DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION COMES FROM THE PRODUCT MANUFACTURER OR SUPPLIER AND ON OCCASION MANUFACTURERS MAY IMPROVE THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT'S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
On the Site, we may display names, marks, products, advertisements or services of third parties, pop–up texts, or links to third party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third party sites, you do so entirely at your own risk.
Material on this site may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way without prior written permission of the copyright holder. All material is the property of OutspokenToys, Inc and valid trademark and copyright protections will be enforced to the fullest extent.
The Site is facilitated by OutspokenToys, Inc from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THE SITE OR ANY OF ITS RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE SITE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE SITE UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
INDEMNIFICATION AND DEFENSE OF OutspokenToys, Inc.
As a condition of the use of the Site, you agree to defend, indemnify and hold harmless OutspokenToys, Inc, and its respective employees, directors, officers, agents, affiliates, vendors and suppliers from and against any liabilities, losses, investigations or inquiries, claims, suits, damages, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) (each, a "Claim") arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
Except as explicitly stated otherwise, any notices you send to the Site shall be sent by email to [email protected] In the case of notices the Site sends to you, notices may be posted on the Site or sent to the email address listed in your profile in your account. Notice shall be deemed given 24 hours after the notice is posted on the Site or an electronic message is sent, unless (i) the sending party is notified that the message did not reach the recipient or, (ii) in the case of mailing, three (3) days after the date of mailing.
RULES FOR PROMOTIONS
Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the two web sites GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such sites.
ENFORCEMENT OF TERMS & CONDITIONS
BY ACCESSING AND USING THE SITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS SUBJECT TO THESE TERMS & CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. The laws of the State of California, without regard to California's choice–of–law principles, govern all matters arising out of or related to these Terms & Conditions. You agree that the exclusive forum and venue for any legal action arising out of or related to these Terms & Conditions shall be the United States District Court for the District of California, and you submit to the personal jurisdiction of that court. If neither subject matter nor diversity jurisdiction exists in the United States District Court for the District of California, then the exclusive forum and venue for any such action shall be the courts of the State of California located in Los Angeles County, and submit to the personal jurisdiction of that court.
These Terms & Conditions, including policies incorporated herein, constitute the entire agreement between you and the Site with respect to the Site. These Terms & Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Site with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No waiver will be applicable other than in the specific instance in which it is given. No failure to exercise, partial exercise of, or delay in exercising any right or remedy, or failure to require the satisfaction of any condition under, these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. Nothing in these Terms & Conditions creates a relationship of agent and principal, partners, joint venturers or employer–employee between the parties, and no act or obligation of either party will in any way bind the other. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms & Conditions without our express prior written consent. We may also provide notice of changes to these Terms & Conditions by displaying such notices or by providing links to such notices. You agree that a printed version of these Terms & Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
If you have any concerns about your use of the Site, please contact us at [email protected] with a detailed description, and we will try to resolve it.