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Terms & Conditions:
Effective Date: 2011
Last Modified Date: 11/16/2011
Onestop Internet, Inc. ("Onestop") operates this web site ("Web Site")
pursuant to contractual agreements with BB Dakota ("Company"),
the designer and manufacturer of products sold on this Web Site. Onestop and Company
are not affiliates of one another and have no relationship with one another other
than through these agreements. Nevertheless, Onestop and Company may be referred
to in these Terms and Conditions as "we" or "us". These Terms
and Conditions apply to all visitors, users, and others who access the Web Site
("you").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR
USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS
AND CONDITIONS AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN
OUR PRIVACY POLICY. IF YOU DO NOT ACCEPT THESE
TERMS AND CONDITIONS OR THE TERMS OF OUR PRIVACY POLICY, DO NOT USE THIS WEB SITE.
All features, content, specifications, products and prices of products and services
described or depicted on this Web Site are subject to change at any time without
notice. All measurements, weights, colors and similar descriptions are approximate
and are provided for convenience purposes only. We make all reasonable efforts to
accurately display the attributes of our products, including the applicable colors;
however, the actual color you see will depend on your computer system and we cannot
guarantee that your computer will accurately display such colors. The inclusion
of any products or services in this Web 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 Web Site. By placing an order, you
represent that the products ordered will be used only in a lawful manner.
- SHIPPING LIMITATIONS
When an order is placed, it will be shipped to an address designated by the purchaser
as long as that shipping address is compliant with the shipping restrictions contained
in this Web Site. All purchases from this Web Site are made pursuant to a shipment
contract. As a result, risk of loss and title for items purchased from this Web
Site pass to you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost shipments.
- ACCURACY OF INFORMATION
We attempt to ensure that information on this Web Site is complete, accurate and
current. Despite our efforts, the information on this Web Site may occasionally
be incomplete, inaccurate or out of date. We make no representation as to the completeness,
accuracy or currentness of any information on this Web Site. For example, products
included on the Web Site may be unavailable, may have different attributes than
those listed, or may actually carry a different price than that stated on the Web
Site. In addition, we may make changes in information about price and availability
without notice. While it is our practice to confirm orders by email, the receipt
of an email order confirmation does not constitute our acceptance of an order or
our confirmation of an offer to sell a product or service. We reserve the right,
without prior notice, to limit the order quantity on any product or service and/or
to refuse service to any customer. We also may require verification of information
prior to the acceptance and/or shipment of any order.
- USE OF THIS WEB SITE
- RULES
You agree not to engage in any of the following prohibited activities: (i) copying,
distributing, or disclosing any part of the Web Site in any medium, including without
limitation by any automated or non-automated "scraping" (ii) using any
automated system, including without limitation "robots," "spiders,"
"offline readers," etc., to access the Web Site in a manner that sends
more request messages to the our servers than a human can reasonably produce in
the same period of time by using a conventional on-line web browser (except that
we grant the operators of public search engines revocable permission to use spiders
to copy materials from the Web Site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials); (iii) transmitting spam, chain letters,
or other unsolicited email; (iv) attempting to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers running
the Web Site; (v) taking any action that imposes, or may impose at our sole discretion
an unreasonable or disproportionately large load on our infrastructure; (vi) uploading
invalid data, viruses, worms, or other software agents through the Web Site; (vii)
collecting or harvesting any personally identifiable information, including account
names, from the Web Site; (viii) using the Web Site for any commercial solicitation
purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation
with a person or entity, conducting fraud, hiding or attempting to hide your identity;
(x) interfering with the proper working of the Web Site; (xi) accessing any content
on the Web Site through any technology or means other than those provided or authorized
by the Web Site; or (xii) bypassing the measures we may use to prevent or restrict
access to the Web Site, including without limitation features that prevent or restrict
use or copying of any content or enforce limitations on use of the Web Site or the
content therein.
We may, without prior notice, change the Web Site, or stop providing the Web Site
or features of the Web Site, to you or to users generally.
You may use the Web Site only if you can form a binding contract with us, and only
in compliance with this Agreement and all applicable local, state, national, and
international laws, rules and regulations. Any use or access to the Web Site by
anyone under 13 is strictly prohibited and in violation of this Agreement. The Web
Site is not available to any users previously removed from the Web Site by us.
You may never use another user's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. We encourage you to use "strong" passwords (passwords that use a combination
of upper and lower case letters, numbers and symbols) with your account. You must
notify us immediately of any breach of security or unauthorized use of your account.
We will not be liable for any losses caused by any unauthorized use of your account.
- OUR PROPRIETARY RIGHTS
The design of this Web Site and all text, graphics, software, photographs, information,
designs, logos, content, and other material displayed on or that can be downloaded
from this Web Site are either the property of, or used with permission by, Company
and/or Onestop and are protected by U.S. and international copyright, trademark
and other laws, treaties and conventions and may not be used except as permitted
by these Terms and Conditions or with the prior written permission of the owner
of such material. You may not modify the information or materials located on this
Web Site in any way or reproduce, copy, download, stream or publicly display, perform,
or distribute or otherwise use any such materials for any public or commercial purpose.
All software used on this site is the property of Company and/or Onestop or our
software suppliers and is protected by U.S. and international copyright laws, treaties
and conventions. Any unauthorized use of any such information or materials may violate
copyright laws, trademark laws, laws of privacy and publicity, and other laws and
regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this
Web Site are registered and unregistered trademarks, trade names and service marks
in the U.S. and other countries of Company or our affiliates. Other trademarks,
trade names and service marks used or displayed on this Web Site are the registered
and unregistered trademarks, trade names and service marks of their respective owners.
Nothing contained on this Web Site grants or should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any trademarks,
trade names, service marks or logos displayed on this Web Site without our written
permission or the written permission of such third party owner.
Subject to the terms and conditions of these Terms and Conditions, you are hereby
granted a non-exclusive, limited, non-transferable, freely revocable license to
use the Web Site for your personal, noncommercial use only and as permitted by the
features of the Web Site. We reserve all rights not expressly granted herein in
the Web Site. We may terminate this license at any time for any reason or no reason.
- ELECTRONIC COMMUNICATIONS AND NOTICE
When you visit this Web 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 email or by posting notices on this Site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing. You agree that we may send email to you for the purpose of advising
you of changes or additions to this site, about any of our products or services,
or for such other purposes as we deem appropriate.
- INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site
may contain products or references to products that are not available outside of
the United States. Any such references do not imply that such products will be made
available outside the United States. If you access and use this Site outside the
United States you are responsible for complying with your local laws and regulations.
You understand that by using the Web Site you consent to having your personally
identifiable information collected, used, transferred to and processed in the United
States.
- LINKING TO THIS WEB SITE
Creating or maintaining any link from another Web site to any page on this Web Site
without our prior written permission is prohibited. Running or displaying this Web
Site or any material displayed on this Web Site in frames or through similar means
on another Web site without our prior written permission is prohibited. Any permitted
links to this Web Site must comply with the terms and conditions of our permission
as well as all applicable laws, rule and regulations.
- THIRD PARTY LINKS
From time to time, this Web Site may contain links to Web sites that are not owned,
operated or controlled by us or our affiliates. All such links are provided solely
as a convenience to you. If you use these links, you will leave this Web Site. Neither
we nor any of our affiliates are responsible for any content, materials or other
information located on or accessible from any other Web site. Neither we nor any
of our affiliates endorse, guarantee, or make any representations or warranties
regarding any other Web site, or any content, materials or other information located
or accessible from such Web sites, or the results that you may obtain from using
such Web sites. If you decide to access any other Web site linked to or from this
Web Site, you do so entirely at your own risk.
- USER CONTENT
Any material, information, suggestions, ideas, concepts, know-how, techniques, questions,
comments, photos, videos or other content you transmit or post to this Web Site
in any manner ("User Content") is and will be considered non-confidential and non-proprietary.
We may, but are not obligated to, monitor or review any User Content. We shall have
no obligation to use, return, review, or respond to any User Content, and we will
have no liability related to such User Content, whether or not arising under the
laws of copyright, libel, privacy, obscenity, or otherwise. We retain the right
to remove any or all User Content that includes any material we deem inappropriate
or unacceptable in our sole and absolute discretion.
In addition to the foregoing, you may not post or transmit in connection with this
Web Site any User Content that:
- you do not have the right to post, including proprietary material of any third party;
- would constitute political campaign activity within the meaning of the Internal
Revenue Code and IRS regulations and/or policies;
- consists of unsolicited messages, chain letters or unsolicited commercial e-mail;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is abusive, vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this Web Site;
- threatens or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, malicious, threatening or offensive;
- seeks to exploit or harm children by exposing them to inappropriate content, asking
for personally identifiable information or otherwise;
- infringes any Intellectual Property Rights (defined below) or other right of any
entity or person, including violating anyone's rights of publicity or privacy;
- impersonates or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
- advertises any commercial endeavor (e.g., offering for sale products or services)
or otherwise engages in any commercial activity (e.g., conducting raffles or contests,
displaying sponsorship banners, and/or soliciting goods or services) except as may
be specifically authorized on this Site;
- solicits funds, advertisers or sponsors;
- includes programs which contain viruses, worms and/or Trojan horses or any other
computer code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a screen to scroll faster than other
users are able to type, or otherwise act in a way which affects the ability of other
people to engage in real time activities via this Site;
- includes MP3 format files;
- amounts to a "pyramid" or similar scheme;
- disobeys any policy or regulations established from time to time regarding use of
this Web Site or any networks connected to this Web Site;
- contains hyper-links to other sites that contain content that falls within the descriptions
set forth above; or
- contains any information or content that you know is not correct and current.
For the purposes of these Terms and Conditions, "Intellectual Property Rights" means
all patent rights, copyright rights, mask work rights, moral rights, rights of publicity,
trademark, trade dress and service mark rights, goodwill, trade secret rights and
other intellectual property rights as may now exist or hereafter come into existence,
and all applications therefore and registrations, renewals and extensions thereof,
under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
- You have the written consent of each and every identifiable natural person in the
User Content to use such person's name or likeness in the manner contemplated by
the Web Site and these Terms and Conditions, and each such person has released you
from any liability that may arise in relation to such use.
- Your User Content and our use thereof as contemplated by these Terms and Conditions
and the Web Site will not violate any law or infringe any rights of any third party,
including but not limited to any Intellectual Property Rights and privacy or publicity
rights.
- We may exercise the rights to your User Content granted under these Terms and Conditions
without liability for payment of any guild fees, residuals, payments, fees, or royalties
payable under any collective bargaining agreement or otherwise.
We take no responsibility and assume no liability for any User Content that you
or any other third party posts or sends over the Web Site. You shall be solely responsible
for your User Content and the consequences of posting or publishing it, and you
agree that we are only acting as a passive conduit for your online distribution
and publication of your User Content. You understand and agree that you may be exposed
to User Content that is inaccurate, objectionable, inappropriate for children, or
otherwise unsuited to your purpose, and you agree that we shall not be liable for
any damages you allege to incur as a result of User Content.
- USER CONTENT LICENSE GRANT
You hereby grant to us (and our successors and affiliates) a royalty-free, perpetual,
irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, perform, and
display all content, remarks, suggestions, ideas, graphics, photos, or any other
User Content you communicate through this Web Site, and to incorporate any User
Content in other works in any form, media, or technology now known or later developed.
We will not be required to treat any User Content as confidential, and may use any
User Content in our business (including, without limitation, for products or advertising)
without incurring any liability for royalties or any other consideration of any
kind, and will not incur any liability as a result of any similarities that may
appear in our future business operations.
You also hereby grant each user of the Web Site a non-exclusive license to access
your User Content through the Web Site, and to use, reproduce, distribute, display
and perform such User Content as permitted through the functionality of the Web
Site and under these Terms and Conditions.
- TESTIMONIALS
We actively encourage and request that you submit testimonials relating to your
personal experiences with Company apparel or this Web Site (a "Testimonial"). You
agree that we are under no obligation to use your Testimonial. By submitting a Testimonial
you hereby consent, without further consideration, to the use of your likeness,
voice, name (limited only to your first name, first initial of last name, city and
state) and/or any statements made in such Testimonial in the dramatization, publication,
display, copying, reproduction, performance and/or distribution, throughout the
world, by or on our behalf of any image or photograph you submitted in a Testimonial
in connection with the creation of marketing/sales print advertising, or Web site
content including, without limitation, this Web Site, or an audiovisual work to
be used by us or a third party authorized by us, either as a complete unit or in
segments or in any derivative form, in any way we deem appropriate and for any purpose
whatsoever in any medium including, without limitation, the Internet. You specifically
agree that any Testimonial may be reproduced orally using a third party. You waive
any rights of privacy and publicity, moral or other rights you may have in any such
Testimonial. This Testimonial consent supersedes and replaces any and all prior
or contemporaneous agreements, understandings or arrangements, whether oral or written,
previously made between the parties regarding, and constitutes the entire understanding
of the parties with respect to, any Testimonial. This Testimonial consent may not
be modified, changed, altered or amended except by written agreement of both parties.
We reserve the right to use persons other than the person submitting the Testimonial
to vocalize or act out a Testimonial or to create its own Testimonial based on adaptations
or compendiums of Testimonials.
- DMCA NOTICE
Since we respect artist and content owner rights, it is our policy to respond to
alleged infringement notices that comply with the Digital Millennium Copyright Act
of 1998 ("DMCA").
If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible via the Web Site, please notify our copyright
agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you
must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the
copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is
located on the Web Site;
- Information reasonably sufficient to permit us to contact you, such as your address,
telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate,
and that you are the copyright owner or are authorized to act on behalf of the owner.
If you believe that your copyrighted work has been copied in a way that constitutes
copyright infringement and is accessible via the Web Site, please notify our copyright
agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you
must provide the following information in writing:
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Attn:
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DMCA Notice
Onestop Internet, Inc.
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Address:
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2332 E. Pacifica Place
Rancho Dominguez, CA 90220
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Telephone:
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310.894.7000
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Email:
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legal@onestop.com
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UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING,
YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING
MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES. Please note that this procedure
is exclusively for notifying us and our affiliates that your copyrighted material
has been infringed. The preceding requirements are intended to comply with our rights
and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute
legal advice. It may be advisable to contact an attorney regarding your rights and
obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, we have adopted a policy of
terminating, in appropriate circumstances, users who are deemed to be repeat infringers.
We may also in our sole discretion limit access to the Web Site and/or terminate
the accounts of any users who infringe any Intellectual Property Rights of others,
whether or not there is any repeat infringement.
- PURCHASES
All information that you provide in connection with a purchase or transaction or
other monetary transaction interaction with the Web Site must be accurate, complete,
and current. You agree to pay all charges incurred by users of your credit card,
debit card, or other payment method used in connection with a purchase or transaction
or other monetary transaction interaction with the Web Site at the prices in effect
when such charges are incurred. You will pay any applicable taxes, if any, relating
to any such purchases, transactions or other monetary transaction interactions.
All products purchased from or via the Web Site are transported and delivered to
you by an independent carrier not affiliated with, or controlled by, us. Title to
products purchased on the Web Site, as well as the risk of loss for such products,
passes to you when we deliver these items to the carrier.
For more information on our billing and product purchase policies, please see our
Refund Policy, Customer Service
page and Help/FAQ page.
- DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN
CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY
KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES
WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH
THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT
OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME
ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH
THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE
MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES
LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT
OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION,
IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION.
WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL
TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES
DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR
ANY SUCH PROHIBITIONS.
- LIMITATIONS OF LIABILITY
We assume no responsibility, and shall not be liable for, any damages to, or viruses
that may infect, your computer, telecommunication equipment, or other property caused
by or arising from your access to, use of, or browsing this Web Site or your downloading
of any materials, from this Web Site.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS,
AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, ATTORNEYS, RETAIL
PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS
WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO
USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE,
OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES,
WHETHER BASED IN WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER
OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF
LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL
LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE
PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE
THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER
OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY,
OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE
RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
THE WEB SITE IS CONTROLLED AND OPERATED FROM ITS FACILITIES IN THE UNITED STATES.
WE MAKE NO REPRESENTATIONS THAT THE WEB SITE IS APPROPRIATE OR AVAILABLE FOR USE
IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEB SITE FROM OTHER JURISDICTIONS
DO SO AT THEIR OWN VOLITION AND ARE ENTIRELY RESPONSIBLE FOR COMPLIANCE WITH ALL
APPLICABLE UNITED STATES AND LOCAL LAWS AND REGULATIONS, INCLUDING BUT NOT LIMITED
TO EXPORT AND IMPORT REGULATIONS. YOU MAY NOT USE THE WEB SITE IF YOU ARE A RESIDENT
OF A COUNTRY EMBARGOED BY THE UNITED STATES, OR ARE A FOREIGN PERSON OR ENTITY BLOCKED
OR DENIED BY THE UNITED STATES GOVERNMENT. UNLESS OTHERWISE EXPLICITLY STATED, ALL
MATERIALS FOUND ON THE WEB SITE ARE SOLELY DIRECTED TO INDIVIDUALS, COMPANIES, OR
OTHER ENTITIES LOCATED IN THE UNITED STATES.
- SECURITY
We care about the integrity and security of your personal information. However,
we cannot guarantee that unauthorized third parties will never be able to defeat
our security measures or use your personal information for improper purposes. You
acknowledge that you provide your personal information at your own risk.
- PRIVACY
We care about the privacy of our users. You understand that by using the Web Site
you consent to the collection, use and disclosure of your personally identifiable
information and non-personally identifiable data as set forth in our
Privacy Policy, and to have your personally identifiable information collected,
used, transferred to and processed in the United States.
- REVISIONS TO THESE TERMS AND CONDITIONS
We may revise these Terms and Conditions at any time and from time to time by updating
this posting. You should visit this page from time to time to review the then current
Terms and Conditions because they are binding on you. Certain provisions of these
Terms and Conditions may be superseded by expressly designated legal notices or
terms located on particular pages at this Web Site. If you do not agree to any of
these terms or any future terms, do not use or access (or continue to access) the
Web Site.
- CHOICE OF LAW; JURISDICTION
These Terms and Conditions supersede any other agreement between you and us to the
extent necessary to resolve any inconsistency or ambiguity between them. These Terms
and Conditions will be governed by and construed in accordance with the State and
Federal laws of the State of California, without giving effect to any principles
of conflicts of laws. A printed version of these Terms and Conditions shall be admissible
in judicial and administrative proceedings based upon or relating to these Terms
and Conditions to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. The application
of the United Nations Convention on Contracts for the International Sale of Goods
is expressly excluded.
- INDEMNIFICATION
You agree to defend, indemnify and hold Company and Onestop, and our respective
directors, officers, employees and agents, harmless from and against any and all
claims, damages, costs and expenses, including attorneys' fees, arising from or
related to (a) your use of this Web Site, including any User Content, data or information
transmitted by received by you; (b) any unacceptable use of this Web Site, including
any statement, data or content made, transmitted or republished by you which is
prohibited by these Terms and Conditions; (c) your violation of any third-party
right, including without limitation any right of privacy or Intellectual Property
Rights; and (d) any other party's access and use of the Web Site with your unique
username, password or other appropriate security code.
- TERMINATION
You or we may suspend or terminate your account or your use of this Web Site at
any time, for any reason or for no reason. You are personally liable for any orders
that you place or charges that you incur prior to termination. We reserve the right
to change, suspend, or discontinue all or any aspect of this Web Site at any time
without notice.
- ASSIGNMENT
These Terms and Conditions, and any rights and licenses granted hereunder, may not
be transferred or assigned by you, but may be assigned by us without restriction.
Any attempted transfer or assignment in violation hereof shall be null and void.
- NO WAIVER
No waiver of any term of these Terms and Conditions shall be deemed a further or
continuing waiver of such term or any other term, and our failure to assert any
right or provision under these Terms and Conditions shall not constitute a waiver
of such right or provision.
- ADDITIONAL ASSISTANCE
If you do not understand any of the foregoing Terms and Conditions or if you have
any questions or comments, we invite you to call our Customer
Service Department.
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