terms & conditions

INTRODUCTION

Welcome to junodesign.shop (collectively, with the mobile version, if applicable, the “Website”), owned and operated by Juno Design LLC.  Your access to and use of this Website & ecommerce, and all services on or through the Website, is subject to, and expressly conditioned upon, your acceptance of all terms and conditions contained in these Terms of Use.  It is your obligation to review and understand these Terms of Use before accessing the Website and before placing any orders for products or services (or contacting us) through the Website.  We reserve the right to alter, suspend or terminate the Website at any time without notice to you.  You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website.  Any changes to these Terms of Use will be effective immediately upon our posting them to this Website, unless otherwise stated, so you should check back with these Terms of Use on a regular basis.

 

The use of any data we collect about you is governed by, and subject to, the Privacy Policy contained at Juno Design’s Privacy Policy and this Privacy Policy is incorporated herein. Your use or accessing of the Website constitutes your agreement to the terms of our Privacy Policy.

 

  1.  DEFINITIONS.

 For the purposes of this Terms of Use, the following definitions apply:

 “Affiliates” refers to companies and divisions under the ownership of the Company or that own the Company.

 “Company” means Juno Design LLC. (also “we” or “us”).

 “Content” includes all Text, Graphics, design and Programming used on the Website.

 “Graphics” includes all logos, buttons, and other graphical elements on the Website, including the color combinations and the page layout of the Website, with the exception of trademarks and intellectual property belonging to third-parties and displayed with permission.

 “Programming” includes, but is not limited to, both client-side code (including but not limited to HTML, JavaScript, etc.) and server-side code (including but not limited to Active Server Pages, VBScript, databases, etc.) used on the Website.

 “Text” includes all text on every page of the Website, whether editorial, navigational, or instructional. The term Text also includes patient and other educational material and information which appears on the Website.

 “You” or “your” (whether or not capitalized) refers to the person accessing the Website and agreeing to this Terms of Use.

 

 

  1. USE OF THE WEBSITE & TERMINATION OF ACCESS

 

This Website is a commercial website to allow user to purchase products from the Company and/or have questions about our products answered.  Thus, the Website has e-commerce functions.  The Website may only be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on the Website. Except as provided herein, you are not permitted to download (other than page caching), copy or change any portion of the Website, unless you have our express written consent.  Provided you comply with these Terms of Use, you are granted a limited license to view and use a single copy of the Website solely for your personal, non-commercial use and only as an aid to shopping on the Website or obtaining information provided on the Website.

 

Use of this Website is a privilege intended solely for individuals over the age of 13.  This Website does not target, nor knowingly accept any business from, anyone age 13 or younger.  Individuals under the age of 18 may only access the Website under the supervision of a parent or legal guardian who is at least 18 years of age, and who agrees to be bound by, and responsible for, the action taken at the Website.

 

Users who violate these Terms of Use may be denied access to the Website and/or the Company’s services and products, and we reserve the right to suspend your use of the Website for any reason at any time in our sole discretion.

 

We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date, and we make no representation as to the completeness, accuracy or currency of any information on the Website.

 

 

  1. ACCOUNT REGISTRATION

 

Certain functions of the Website may either now or in the future require registration or providing us with your personal information.  These functions may include, but are not limited to, using the “Contact Us” feature or in connection with ordering products or making other inquiries.  In such cases, you may only create and use an account for your own personal use.  If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information you provided to us for record keeping, administrative, legal and technical purposes. By registering for an account, you grant us permission to send emails, surveys, offers, promotions and other marketing material to you via email, including both commercial and transactional/relationship content. You may unsubscribe to such emails at any time.

 

 

  1. SWEEPSTAKES, CONTENTS AND PROMOTIONS

 

 Sweepstakes, contests, or other promotions made available through the Website or otherwise may be governed by specific rules that are separate from this Terms of Use. By participating in any such sweepstakes, contest, or promotions, you agree to participate subject to those rules. Our Privacy Policy will govern any information you submit in connection with such activities, unless otherwise stated.

 

 

  1. RESTRICTIONS ON USE OF THE WEBSITE

 

The information displayed on the Website may not be used for any purpose except in connection with your direct use of the Website as permitted by this Terms of Use, and may not be excerpted, summarized, duplicated or otherwise removed from the Website except with our explicit, written permission. You may not collect or use any portion of the content of this Website in any derivative way, or download, or copy or sell information or other matter for use of any other party. You may not gather information and data on the Website from mining, robots or other extraction tools.

 

In addition, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Website for any purpose or in any manner that is prohibited by this Terms of Use or by applicable law. You also may not interfere with the proper operation of the Website including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Website or its servers or network, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Website or the use of the Website by any users. You agree that you will not circumvent or attempt to circumvent any security or access control technology implemented on the Website, or the servers and network associated with the Website. Any unauthorized use terminates the permission or license granted by us, in addition to all rights at law or in equity. In addition, you specifically agree not to use this Website to do any of the following:

 

Email or transmit content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another’s privacy, or otherwise unlawful;

Impersonate or misrepresent your connection to any other entity or person or otherwise manipulate identifiers to disguise the origin of the content; Email or transmit content that infringes on the intellectual property or the right of any entity or person; Violate any applicable local, state, national or international law;

Email or transmit material that includes viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications; and/or

Disrupt the normal flow of communications or affect the ability of others to engage in activities via this Website.

 

  1. PRODUCT INFORMATION, SPECIFICATIONS AND ORDERING PRODUCT INFORMATION

 

All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. All prices and denominations are listed, and concomitant transactions are conducted, in United States Dollars. Certain weights, measures and similar descriptions may be approximate and are provided for convenience purposes only. Pictures of products on the Website and our catalogues are representative of actual products.  However, some merchandise may have slightly different cosmetic appearances.  The “List” price featured on the Website or our catalogue is our estimation of a retail price for the product at issue.  We attempt to ensure that information on the Website is complete, accurate and current. Despite our efforts, the information on this Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Website. For example, products included on this Website may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Website.  .  All trademarks denoted by the ® are registered trademarks and are the sole property of the owners of such trademarks, many of whom are other than Juno Design LLC.

 

TYPOGRAPHICAL ERRORS

We make every reasonable effort to ensure the accuracy of all information included on this Website and in our catalogs and any other marketing or promotional solicitations. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we have the right to refuse or cancel any orders placed for product listed at the incorrect price. We have the right to refuse or cancel any such orders whether or not 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, we will immediately issue a credit to your credit card account in the amount of the charge.

 

LISTINGS; ORDER ACCEPTANCE POLICY

Listings on the Website are not an offer to sell goods or services; rather, they are advertisements to receive offers. All orders are subject to review and acceptance by us. As all prices are subject to change, your order may not be accepted or we may have to communicate price changes or availability issues to you after you place your order.

 

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

 

The “List” Price information is our buying staff’s good faith estimation of the price of each product at the introduction of that product. We make no representations or warranties as to the completeness or accuracy of the information. We have no liability for any errors or omissions in the information or these materials. We encourage you to do your own comparative research to see the value offered by our prices.

 

PRODUCT ORDERS; QUANTITY LIMITS AND DEALER LIMITS

We reserve the right, at our sole discretion, to limit the number of items purchased per person, per household, or per order.  These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers.  The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will continue to be available.

 

CREDIT CARD/DEBIT CARD AUTHORIZATIONS

An authorization on a credit or debit card is a hold against your bank’s credit card spending limit. When the goods are shipped, a charge for the total amount of the order shipped will be sent to your credit card bank. Your bank should release the authorization when the charge is received. A charge is the only time a transfer of funds is completed; an authorization is not a transfer of funds.

 

PROCESSING TIMES

Your order is reviewed by our Credit Department to ensure that the order is accurate, the payment method is valid, and you are authorized to use this payment method. Once your order has passed the rigorous review by our Credit Department, and has otherwise been accepted, it is sent to our warehouse for shipping.

 

If the item(s) on your order are in-stock, we will ship them as soon as possible from our warehouse or from one of our distribution warehouses. If one or more items on your order are out of stock, they will not be shipped until we have received and processed the backordered inventory in our warehouse. It is our policy that orders are billed complete the day the first item is shipped.

 

OUR SATISFACTION GUARANTEE AND RETURN POLICY

Your satisfaction is our goal. Every product we sell is backed by our 365-day Satisfaction Guarantee.

 

If a product you purchase fails to meet your needs, simply contact us for a return label and return form.  Returns received within 60 days from the date of order are eligible for replacement, exchange or refund.  Returns received after 60 days (and within the 365-day Satisfaction Guarantee period) may be returned for a store credit towards future purchases. CLICK HERE for detailed return instructions.

 

This is a summary only; you should review our complete Return Policy and Procedure in our FAQs or CLICK HERE.

 

 

  1. INFORMATION YOU PROVIDE TO US VIA THIS WEBSITE

 

If you choose to provide any personal information via this Website, the information will be used only for certain purposes, as described in our Privacy Policy. Additionally, we may collect or share certain information based on your usage of the Website, as described in our Privacy Policy.

 

In order to facilitate communications between you and us, this Website offers you the ability to contact us. Although we strive to protect and secure our online communications, and use the security measures detailed in our Privacy Policy to protect your information, please note that no data transmitted over the Internet can be guaranteed to be completely secure and no security measures are perfect or impenetrable. We shall have no liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email.

 

 

  1. LIMITATIONS ON INFORMATION SUBMITTED

 

We do not seek to receive any confidential or proprietary information or trade secrets of third-parties through the Website, and we seek only the minimum necessary information to conduct our research. Accordingly, please do not send to us any personally identifiable information unless specifically and explicitly requested.

 

 

  1. OWNERSHIP OF SUBMISSIONS

 

By sending us information (“Submissions”), you grant us an irrevocable and unrestricted worldwide license to use, modify, reproduce, adapt, transmit, sell, license and sub-license, create derivative works from, publicly display, perform and distribute your Submissions for any purpose whatsoever (commercial or otherwise), in any form, media or technology, whether now known or hereafter developed, alone or as part of other works, with no additional payment, reward or other compensation to you (unless explicitly set forth to the contrary), subject to the Privacy Policy. We will not publicize any information that could be used to identify you personally in connection with the Submission to protect your privacy.

 

You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory. This section will survive termination of this Terms of Use for any reason.

 

 

  1. COMPLIANCE WITH LAW

 

We reserve the right to cooperate with any law enforcement authorities or court orders requesting or directing us to disclose the identity of anyone believed to be violating the Terms of Use or law. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we may unilaterally choose to comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto, subject to applicable laws. You agree to waive and indemnify and hold us harmless from and against any and all claims whatsoever resulting from, or in connection with, any action by us regarding any investigations either by us or law enforcement authorities.

 

 

  1. INTELLECTUAL PROPERTY RIGHTS

 

The Company owns any and all intellectual property rights relating to the Federally Registered “Juno Design” trademark (name and design/logo), Registration No.: 3748634, as well as the https://junodesign.shop Website, and the Juno Design, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the “look and feel” of the Company’s brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the “Intellectual Property”).  Your use of the Website does not grant you any rights or licenses relating to the Intellectual Property, including but not limited to any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein, except as expressly provided for in these Terms of Use.  None of the Intellectual Property may be used, reproduced, published, transmitted, distributed, displayed, performed, exhibited, modified, used to create derivative works, sold, re-sold or used in any sale, or exploited for in any way, in whole or in part, except as provided for herein and unless you obtain our prior written consent. You may not reproduce, modify, display, sell, or distribute the Intellectual Property, or use it in any other way for public or commercial purposes.  The foregoing limitations include, but are not limited to, copying or adapting the HTML code used to generate web pages on the Website, as well as any Graphics or Programming. All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.

 

 

  1. PROCEDURE FOR MAKING AND RESPONDING TO CLAIMS OF COPYRIGHT INFRINGEMENT

 

We will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third-parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third-parties should be sent to our designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Website, please notify us by contacting the Designated Agent.

 

In order to give effective notification of a claim of copyright infringement by a third-party under the DMCA, you must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works are covered by a single notification, a representative list of such works that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material on the Website; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of claims of copyright infringement can be reached at:

 

Juno Design LLC. / Juno Design

3301 NE 32 Ave Suite 302

Fort Lauderdale, FL 33308

[email protected]

786-992-9699

Attention: Copyright

 

With a copy to:

The Law Offices of Max Levine P.A

300 SW 1st Avenue, #155, Fort Lauderdale, FL 33301
[email protected]

 

If a valid notification of alleged copyright infringement is received, we will remove or disable access to the material identified in the notice as being infringing or as being the subject of infringing activity, and take reasonable steps to notify the alleged infringer that it has removed or disabled access to this material. Please note that under the DMCA, an alleged infringer has the right to submit a counter-notice to have the allegedly-infringing material re-published on the Website. Should that occur you will receive notification from us.

 

Additionally, a claimant who makes a misrepresentation concerning copyright infringement may be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer who is injured by such misrepresentation as a result of reliance upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing or in replacing the removed material or ceasing to disable access to it.

 

 

  1. DISCLAIMER OF WARRANTIES & LIMITATIONS OF LIABILITY

 

Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access the Website. Your use of the Website, and the obligations and liabilities of us in respect of your use of the Website, is expressly limited as follows:

 

DISCLAIMER OF WARRANTIES

 THE WEBSITE, AND ALL CONTENT, MATERIALS, INFORMATION AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY WARRANTY WHATSOEVER. THE COMPANY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. YOUR USE OF THIS WEBSITE AND ITS SERVICES, AND/OR RELIANCE ON ANY OF ITS CONTENT IS AT YOUR OWN RISK.

 

THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED, ACCURATE OR ERROR-FREE. YOU, AND NOT THE COMPANY, ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT THAT THERE IS ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ITS CONTENT. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATION WHATSOEVER REGARDING THE USE, OR THE RESULT OF USE, OF THE CONTENT OF THIS WEBSITE RELATED TO ACCURACY, RELIABILITY OR OTHERWISE. THE CONTENT OF THIS WEBSITE MAY INCLUDE ERRORS (INCLUDING, WITHOUT LIMITATION, TECHNICAL OR TYPOGRAPHICAL ERRORS), AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THIS WEBSITE AT ANY TIME WITH OR WITHOUT NOTICE.

 

NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE DESIGN OR MAINTENANCE OF THIS WEBSITE SHALL BE HELD LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY DAMAGE, LOSS, INJURY, OR MALFUNCTION ASSOCIATED WITH YOUR USE OF THIS WEBSITE.

 

LIMITATION OF LIABILITY

 IN NO EVENT SHALL THE COMPANY AND/OR ITS SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD-PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES, (INCLUDING LOST PROFITS AND DAMAGES) WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THIS PARAGRAPH MAY NOT APPLY TO YOU. IF THE FOREGOING LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE MAXIMUM LIABILITY OF THE COMPANY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE ONE HUNDRED U.S. DOLLARS.

 

RELEASE AND INDEMNIFICATION

 You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release the Company, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with your use of this Website.

 

You agree to indemnify and hold the Company and its subsidiaries, Affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees and costs of suit, made by any third-party due to or arising out of (1) your use of this Website, (2) information that you submit, transmit, or otherwise make available via this Website or otherwise, including but not limited to Submissions, or (3) your breach of this Terms of Use.

 

You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys’ fees and costs of suit, arising out of your breach of these Terms of Use.

 

EXCLUSIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  THEREFORE SOME OF THE EXCLUSIONS AND/OR LIMITATIONS STATED ABOVE MAY NOT APPLY TO YOU.

 

 

  1. GENERAL INFORMATION

ENTIRE AGREEMENT

These Terms of Use, together with the Privacy Policy, constitute the entire agreement between you and the Company governing your use of this Website, superseding any prior agreements between you and the Company with respect to this Website. You also may be subject to additional terms and conditions that may apply when you use or purchase certain services of the Company.

 

WAIVER AND SEVERABILITY

The failure of the Company to enforce any right of the provisions in the Terms of Use or Privacy Policy shall not constitute a waiver of such right or provision.  If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, it shall not affect any other provision of the Terms of Use or Privacy Policy, and the Terms of Use or Privacy Policy shall be construed without regard to the invalid, illegal, or unenforceable provision.

 

CHOICE OF LAW; JURISDICTION; VENUE

Your use of this Website and any dispute arising out of or in connection with this Website shall be governed by the laws of the State of New York without giving effect to any conflict of laws provisions. By accessing this Website, you agree that any action or proceeding arising out of or in connection with this Website shall be brought solely in a state or federal court of competent jurisdiction located within the State of New York, and you agree to submit to the personal and exclusive jurisdiction of the courts located in New York.

 

You hereby waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any court located in the State of New York, and any objection to venue within the State of New York with respect to such proceeding.

 

You agree that the application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed and shall not be applicable to your use of the Website or any services in connection therewith.

 

ATTORNEYS’ FEES AND COSTS

You agree that you shall be liable, and shall compensate the Company, for all costs and fees, including but not limited to our reasonable attorneys’ fees and costs, incurred by the Company in connection with any dispute or legal action arising out of or relating to your violation or breach of any obligation under these Terms of Use or your use of the Website or any services in connection therewith.

 

VIRUSES AND TRANSMISSION OF SENSITIVE INFORMATION

We cannot and do not guarantee or warrant that the materials contained on this Website will be free of viruses, worms or other code or related hazards that may have destructive properties (collectively “viruses”). It is your responsibility to ensure that you have sufficient procedures, firewalls, checkpoints, and safeguards within your computer system to satisfy your particular requirements to protect against viruses. The Company does not assume any responsibility or risk for your use of the Internet, nor do we assume any responsibility for any products or services of, or hyperlinks to, third-parties.

 

MISCELLANEOUS

We do not represent that materials on the Website are appropriate or available for use in your location. Persons who choose to access the Website do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

The Company’s failure to enforce any of its rights under these Terms of Use at any time does not constitute a waiver of those rights or any other rights of Company.  Any such waiver or claimed waiver must be in writing and signed by an officer of the Company.