4. Modifications to the Site and Pricing Schedules. CE may in its sole discretion add, delete, modify or amend features and/or services, and fees contained within and featured on the Site.
5. Electronic Communications. When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail 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.
6. Copyright. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are the property of CE or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 8, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
7. Trademarks. Cultural Elements, Cultural Elements.COM, and other CE graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of CE or its affiliates in the U.S. and/or other countries. CE trademarks and trade dress may not be used in connection with any product or service that is not CE’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CE. All other trademarks not owned by CE or its affiliates that may appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CE or its affiliates.
8. License and Site Access; Limited Right to Use. CE grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CE. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of CE. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CE and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CE’s name or trademarks without the express written consent of CE. Any unauthorized use terminates the permission or license granted by CE. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CE so long as the link does not portray CE, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CE logo or other proprietary graphic or trademark as part of the link without express written permission.
9. Your Account. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CE may sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use the Site only with involvement of a parent or guardian. CE and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
10. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
12. Orders & Specifications:
(a) You may place orders for the Goods by placing an order on this website
(b) You represent that information provided by you when placing your order is up-to-date, materially accurate and is sufficient for CE to fulfill your order. You also represents that you have legal capacity to enter into this Agreement.
(c) Any typographical, clerical or other accidental errors or omissions on the Site or in any quotation, price list, acceptance or offer, invoice or other document or information issued by CE shall be subject to correction without any liability on the part of CE.
(d) Illustrations, photographs or descriptions included on the Site are intended as a guide only and shall not be binding on CE.
(e) CE reserves the right to notify you of any mistakes in the description of the goods or errors in pricing prior to shipping the Goods. In such event if you choose to continue with the fulfillment of the order, CE acknowledges that the Goods will be provided in accordance with such revised description or corrected price.
(f) CE reserves the right to make any changes in the specifications of the Goods which are required to conform with any applicable law, safety or other statutory, regulatory, or court-ordered requirements.
(g) Most products have free standard shipping within continental USA. However quoted prices may be exclusive of packaging and delivery, as well as any applicable value added tax, excise, sales or taxes or levies of a similar nature, which you shall be additionally liable to pay to CE.
(h) CE does not guarantee that all of the Goods shall be available for purchase in its inventory at the time of your order. Inventory status information is estimated and may change without notice.
13. Hold Harmless and Indemnification. By using the Site, you agree to indemnify and hold CE and its respective parents, subsidiaries, affiliates and agents, and each of their respective officers, directors, employees and third party providers harmless, including but not limited to reasonable attorneys' fees, from and against any claim or demand, made by any third party due to or arising out of your use of the Site, or the use of the Site by any party using your account, including but not limited to violation of this Agreement or the infringement of any intellectual property or other right of any person or entity.
14. Disclaimer and Limits. THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. OUR MAXIMUM LIABILITY TO YOU UNDER ALL CIRCUMSTANCES WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR ANY GOODS, SERVICES OR INFORMATION.
YOU RECOGNIZE THAT IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE EXCLUDED FROM ANY TRANSACTION BETWEEN YOU AND CE AND SHALL NOT APPLY TO THE GOODS SOLD BY CE. AS STATE ABOVE, CE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES TO YOU.
15. Third-Party Services. We allow access to or advertise third-party merchant sites ("Merchants") from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
16. Third-Party Merchant Policies. All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
17. Payments. Payments shall be made to CE in U.S. Dollars, by credit card, e-check, Paypal or Google Checkout. You represent and warrant that if you are purchasing something from us that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. CE shall not process any orders based on or using an incorrect, expired, or over-charged credit card. If a card issuer refuses to authorize payment, CE will not confirm acceptance of the order, no contract will be formed, and CE will not be liable for delay or non-delivery. CE reserves the right to collect funds for any uncollected transactions owed to it. CE may charge a nominal fee of $10.00 per order should a payment made by credit card is declined, necessitating an alternative mode of payment or exception processing. If you fail to pay any fees or charges when due or if a redelivery fee or restocking fee is imposed, CE may charge such amount directly to the credit card identified in your account information and CE may cancel any purchases made by you on the Site. You agree that you shall bear sole liability for any fees, including attorneys' fees and collection costs, that CE may incur in its efforts to collect any unpaid balances from you. Your right to use the Site and make purchases on the Site is subject to limits established by CE and/or by your credit card issuer
18. Risk of Loss. All shipments of Goods are FCA CE warehouse in New York. We shall arrange for carrier our choice.
19. Securities Laws. This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," "believes," "estimates," "seeks," "plans," "intends" and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
20. Links to Other Web Sites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
21. Copyrights and Copyright Agents. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are the property of Cultural Elements or its content suppliers and are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 8, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
22. Information and Press Releases. The Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
23. Miscellaneous. This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 14. The language in this Agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the State of New York. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. CE also reserves the right to sue you in the province or state of your domicile. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.