READ THE TERMS AND CONDITIONS HEREIN CAREFULLY BEFORE CONTINUING OR USING THE SITE OR ANY SERVICES WITHIN THE SITE (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS THE SITE OR OTHERWISE UTILIZE THE SERVICES.
Effective as of July 21, 2017.
The Company grants you permission to view and use this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms, and conditions set forth herein. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to the Company that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and the Company relating to the sale of products or services to you through this Site, the Company will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
PRODUCT ORDERS; PRICING
While the Company will use its best efforts to fulfill all orders, the Company cannot guarantee the availability of any particular product displayed on the Site. The Company reserves the right to discontinue the sale of any product listed on this Site at any time without notice.
The Company makes every effort to ensure the accuracy of the information on the Site. However, pricing errors may occur from time to time. The Company will correct any errors as soon as they are discovered. As a result, the Company reserves the right to not sell or ship any merchandise until an accurate price has been determined.
You may create an account through this Site. You are responsible for maintaining the confidentiality of your account, and you agree to accept responsibility for all activities that occur under your account.
Certain sections of our Site are designed to collect and transmit information securely. This Site has reasonable security measures in place to protect the loss, misuse, and alteration of the information under our control; however, we cannot guarantee and accept no responsibility for any interception or decryption by others. Users are prohibited from violating or attempting to violate the security of the Site.
TRADEMARKS; COPYRIGHT; OWNERSHIP RIGHTS
This Site is the sole and exclusive property of the Company and/or its licensors, affiliates, successors and assigns (“Affiliates”).The trademarks, service marks and logos (collectively the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of the Company, its Affiliates and others. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. Fair use of the Company’s Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. Except as otherwise permitted under copyright law, the copying, reproduction, use, modification, redistribution or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
The Company and its Affiliates retain all right, title and interest (including all copyright, trademark, servicemark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws. Do not edit, publish, transfer, sell, or in any way exploit, any of the Content, either in whole or in part.
If you believe that any content on our Site infringes upon any copyright which you own or control, you may send a notification containing the information required under 17 U.S.C. § 512(c)(3) to our designated copyright agent as set forth as follows:
Bodker Ramsey Andrews Winograd & Wildstein, P.C.
3490 Piedmont Rd NE, Suite 1400
Atlanta, Georgia 30305
Links to Third Party Sites
This Site may contain links to websites owned or operated by parties other than the Company. The Company does not control outside sites and is not responsible for their content. The inclusion of any link does not imply endorsement by the Company of the website. Use of any such linked website is at the user's own risk.
The Company, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. The Company shall not be responsible to you for such suspension or termination.
Disclaimer of Warranties; Exclusion of Liability
THE COMPANY MAKES NO REPRESENTAITON ABOUT THE SUITABILITY OF THE MATERIALS, PRODUCTS, AND SERVICES OFFERED ON THIS SITE FOR ANY PURPOSE. THE SERVICES AND PRODCUTS ARE OFFERED ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITH NO WARRANTY OF ANY KIND –WHETHER EXPRESS, IMPLIED OR STATUTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING, USAGE OR TRADE. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. THE COMPANY SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT OR WHERE THE LAW REQUIRES A DIFFERENT STANDARD, YOU AGREE THA THE COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY, WHETHER CAUSED BY ACCESS TO OR USE OF THE SERVICES OR THE SITE. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, LOST PROFITS, SPECIAL OR CONSEQUENTIAL, ECONOMIC OR OTHER DAMAGES ARISING IN ANY WAY OUT OF THE INSTALLATION OR USE OF THE SERVICES, THE SITE, ANY ON-LINE SERVICES OR INTERNET BROWSER SOFTWARE, INCLUDING LIABILITY ASSOCIATED WITH ANY COMPUTER VIRUSES WHICH MAY INFECT YOUR COMPUTER SYSTEM.
Any claim relating to the Company’s website shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions.
You agree that this agreement and your use of this Site are governed by the laws of the state of South Carolina. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, and agencies and other dispute resolution organizations in Atlanta, Georgia in all disputes arising out of, relating to, or concerning this Site and/or this Agreement.
With the prior agreement of the Company, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this Agreement shall be decided by binding arbitration in accordance with the rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in Daniel Island, South Carolina, USA. Claims may only be brought in your individual capacity and not as a purported representative of any class. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
The Company reserves the right to modify or terminate the services offered, the products offered, and this Site and to terminate your access to the Site, in whole or in part, at any time.
You agree that the Company may at any time and without notice change the terms, conditions and notices under which this Site is offered; however, any change to the terms after your last usage of the Site will not be applied retroactively.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or your use of this Site.