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Terms of Use
1. General. These Terms of Use ("Terms") are entered into by and between you and Y-Ola.com ("Merchant") in consideration of your use of and access to any of Merchant's Internet electronic storefronts. BY ACCESSING AND USING THE SITE, YOU ACCEPT, AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not agree to be bound by these Terms, please do not use the Site. The Site provides information regarding various products and services and the opportunity to obtain additional information regarding those products and services or to purchase them. To the extent any product offered on the Site or any area within the Site contains specific terms and conditions concerning its use, those specific terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the specific terms, the specific terms shall prevail.
2. Changes in Terms. Merchant shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You are responsible for reviewing the Site periodically for any modification to these Terms that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modification by Merchant to these Terms. ANY ACCESS OR USE OF THE SITE BY YOU AFTER NOTICE OR POSTING OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than Merchant shall be valid or enforceable against Merchant unless expressly agreed to by Merchant in a writing signed by a duly authorized officer of Merchant.
3. Termination. These Terms are effective until terminated by Merchant. Merchant may terminate these Terms without notice and at any time. Merchant shall also have the right without notice and at any time to terminate the Site or any portion thereof, or any products or services offered through the Site, or to terminate any individual's right to access or use the Site or any portion thereof. In the event of termination, you are no longer authorized to access the Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
4. Compliance with Laws. You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and your purchase of any items on the Site. You must be at least 18 years old to purchase products or services on the Site, unless you have a credit card co-signed by your parent or legal guardian.
5. Content; Copyright and Trademarks. The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain substantive or typographical errors, omissions or may be out of date. Merchant may change, delete or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Merchant in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights owned by Merchant or by third parties that have licensed their use to Merchant. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Merchant does not grant to you or any person any right to use, reproduce, copy, duplicate, modify, transmit, display, publish, sell, license, create derivative works from, publicly perform, or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Merchant, is strictly prohibited.
6. Linked Third Party Sites. Links to other Internet sites operated by third parties, including suppliers or vendors, do not constitute sponsorship, endorsement or approval by Merchant of the content, policies or practices of such linked site. Linked site are not operated, controlled or maintained by Merchant, and Merchant is not responsible for the availability, content, security, policies or practices of linked site, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
7. Prices; Orders; Shipment. All prices displayed on the Site are valid as quoted, except in case of error. Shipping and handling fees, applicable sales/use taxes and the like are, unless specified, included within the displayed price as applicable for the particular destination. Merchant reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the Site without incurring any obligation to you. Products displayed on the Site are available while supplies last. Descriptions of, or references to, products or services on the Site do not imply endorsement of that product or service, or constitute a warranty, by Merchant. The receipt by you of an order confirmation does not constitute Merchant's acceptance of an order. Prior to Merchant's acceptance of an order, verification of information may be required. Merchant reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Merchant, for any reason. Merchant reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Merchant shall have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Merchant shall promptly issue a credit to your credit card account in the amount of the incorrect price. All items purchased from Merchant will be shipped by common carrier. Risk of loss and title for products passes to you upon our delivery of the products to the carrier.
8. Disclaimer and Limitation of Liability as to the Site and Content. MERCHANT MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE CONTENT, THE SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION AND MATERIALS. MERCHANT ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK AND ALL CONTENT PROVIDED ON THE SITE IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL MERCHANT, ITS SUPPLIERS OR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF MERCHANT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Disclaimer and Limitation of Liability as to Products and Services. We want you to be completely satisfied with your purchase. If for any reason you are not entirely pleased with a product you purchased on the Site, please see the guarantee and return policy for the specific Site. Certain products may be packaged with a manufacturer's or supplier's warranty and service information detailing specific terms and conditions. Manufacturers' or suppliers' warranties may vary from product to product. EXCEPT WITH RESPECT TO THE TERMS OF MERCHANT'S RETURNS POLICY, ALL PRODUCTS AND SERVICES SOLD BY MERCHANT ON THE SITE ARE SOLD "AS IS" WITHOUT ANY REPRESENTATION OR WARRANTY, AND EXCEPT AS EXPRESSLY STATED HEREIN, MERCHANT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ACCURACY. ALL PRODUCTS AND SERVICES SOLD BY MERCHANT ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS OR SUPPLIERS, IF ANY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL MERCHANT, ITS SUPPLIERS OR AFFILIATES, OR HEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST REVENUES OR PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF MERCHANT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MERCHANT'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
10. Indemnification. You agree to defend, indemnify and hold harmless Merchant, Merchant's vendors, their affiliates and related entities and their respective directors, officers, employees and agents from and against all claims, losses, damages, liabilities and costs (including but not limited to reasonable attorneys' fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.
11. Submissions. Except as otherwise expressly provided herein or in any Privacy Policy posted on any of the Site, any communication or material you transmit to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Merchant, Merchant's vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Merchant, Merchant's vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services using information contained in such communication.
12. Miscellaneous. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Merchant of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Merchant shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
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