TERMS & CONDITIONS
I. GENERAL TERMS
Using the Site.
You can browse the Website but will be required to have an account to carry out certain activities on the Website (eg. ordering products). Creating an account is free and the signup process is set out on the Website. Please note that You are fully responsible and liable for the security of your account password and any/all use or misuse of the same. You agree to notify us immediately of any unauthorized use of your account. We do not assume any responsibility and will not be liable, for any damages arising from or related to your failure to keep your password secure. You cannot transfer or share your account with any one else.
Profile and Account Data.
Copyright and Trade Mark Information.
Links to Third-Party Websites & Content.
This Website may contain links to other websites that are not owned or controlled by us. We are not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website not operated by us does not imply that we endorse or accept any responsibility for the content or use of such websites.
THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.” SPECIFICALLY, BUT WITHOUT LIMITATION, WE DO NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (III) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EXCEPT FOR ANY EXPRESS WARRANTIES GIVEN IN RELATION TO GOODS SOLD ON THE WEBSITE, WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND WE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU AGREE TO INDEMNIFY AND HOLD IN THE 10TH (BrandonCooper LLC) AND ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Because we do not control third party payment processing companies, you agree that you bear all risk and you agree to release us (and our officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) and organizers and creators or hosts and their designees from claims, demands, and damages (actual and consequential) of every kind and nature, now and in the future, arising out of or in any way connected with your use of the Website.
No Trial by Jury.
II. ADDITIONAL TERMS: PURCHASE TERMS
IN THE 10TH’s Role.
Through sections of the Website, we act as a conduit and facilitator of transactions between merchants and consumers who wish to purchase products through the Website.
Catalogue and Product Descriptions.
All features, specifications, products and prices of goods are subject to change at any time without notice and are provided by the applicable merchant advertising goods on the Website. We make no representation as to the completeness, accuracy, or currency of any information on this Website. We reserve the right to make changes in information about price, description, or availability without notice. We have made every effort to display as accurately as possible the colors of the goods that appear on the Website; however, the actual color you will see will depend on your computer, and we cannot guarantee that your computer will accurately display the colour of the item you purchase.
We reserve the right to refuse service (including any order placed through the Website. In the event we or the applicable merchant needs to make a change to or cancel an order, an attempt will be made to notify you by contacting the e-mail and/or billing address/phone number in your account which is currently on file at the time the order was made.
All credit cards must be valid, authentic and you must be authorized to use them. If a charge is not authorized or accepted, we reserve the right to cancel your order without notice and with no further liability or obligation to you. We reserve the right to stop accepting credit cards from one or more issuers at any time and not to process any transactions we suspect might be fraudulent.
Prices and Fees.
Your credit card will be charged once you place an order for a product. Before your credit card is charged, an authorization will be obtained for the amount of your order. Unless otherwise stated, all fees are quoted in US Dollars. You are responsible for paying all fees and applicable taxes associated with goods you order with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. Items in your Shopping Cart will always reflect the most recent price displayed on the item’s product detail page. This price may differ from the price shown for the item when you first placed it in your cart. Placing an item in your cart doesn’t reserve the price shown at that time. It is also possible that an item’s price may decrease between the time you place it in your cart and the time you purchase it.
Tax charges are based on applicable federal, provincial and harmonized sales tax rates based on the delivery address associated with your order. Where required, sales tax will also be applied to the shipping and handling charges.
If you are dissatisfied with a purchase for any reason, you should contact the merchant who provided it to you in the first instance. Merchandise may be refunded based on the terms offered in the return policies of each Merchant so please refer to the merchants’ respective websites for more information.
Shipping and Delivery.
On average, items purchased will be queued up for shipment within two (2) business days of the relevant merchant receiving your order and will be shipped in accordance with that merchant’s shipping terms indicated by the Merchant on the purchase page.
Disputes Relating to Orders.
If a dispute arises in relation to a purchase or order you have placed through the Website, our goal is to provide you with a cost effective means of resolving the dispute quickly. Before resorting to litigation, we strongly encourage you to first contact the merchant responsible for order fulfillment to seek a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner. If a satisfactory result cannot be reached directly with the merchant please contact us to assist in obtaining a refund or other appropriate resolution.
If you have a complaint against us or need any additional information or support in using the Website, please contact us at firstname.lastname@example.org.
If you believe that your work has been copied in a way that constitutes a copyright infringement, please contact us now at email@example.com and we will remove them immediately.