PLEASE READ THIS AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR SITES, MOBILE APPLICATIONS AND AVAILABLE SERVICES.
THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US OR OUR AGENTS AND REPRESENTATIVES (INCLUDING ANY THIRD-PARTY BENEFICIARY OF THESE TERMS) ON AN INDIVIDUAL BASIS ONLY, AND BY USING THE SERVICE AND ENTERING INTO THESE TERMS, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN ANY COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT (INCLUDING AS A CLASS REPRESENTATIVE OR MEMBER OF ANY PUTATIVE CLASS).
If you want to use this Service, carefully read these entire Terms, as they constitute a written agreement between you and us and affect your legal rights and obligations. Each time you access and/or use the Service (other than to read these Terms), you agree to be bound by and comply with these Terms and any Additional Terms (defined below) then posted. Therefore, do not use the Service if you do not agree to it.
TERMS APPLICABLE TO PURCHASES
- Generally
To purchase any products or services we make available in our online store, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence or, if you are a minor, have a valid credit card where an adult has listed you as an authorized user of their card. Before purchasing any products or services, you must provide us with a valid form of payment. If you use a credit card, the credit card number and associated payment information, including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration, and (v) any activation numbers or codes needed to charge your card or otherwise use a valid gift card. By submitting that information to us or our third-party credit card processor, you agree that you authorize us and/or our processor to charge your card at our convenience but within thirty (30) days of credit card authorization. For any product or service you order on the Service, you agree to pay the applicable price (including any sales taxes and surcharges) as of the time you submit the order. The company will automatically bill your credit card or other form of payment submitted as part of the order process for such a price. Please note that we do not provide price protection or refunds in the event of a price drop or promotional offering. The prices displayed on our Service may differ from prices that are available in other locations. or venues.
- Methods of Payment, Credit Card Terms, and Taxes
All payments must be made by Visa, MasterCard, Discover, American Express, or alternative payment forms approved by the Company and available on the Company’s website. We currently do not accept cash, personal or business checks, or any other payment form on the Service, although we may change this policy in the future. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization. You, and not the company, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Company of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Company does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Company or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Company shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase.
- Return Policy and Shipping Policy
All purchase transactions made through the Service are subject to the Company’s return and shipping policies in effect at the time of purchase.
- Order Acceptance Policy
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. Company reserves the right at any time after receipt of your order to accept or decline your order (or otherwise cancel your order) for any reason. The company further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item or refuse to fulfill your order (in whole or in part). Your order will be deemed accepted by the Company upon our delivery of the products or services that you have ordered. We may require additional verifications or information before accepting any order. You agree that if we cancel all or a portion of your order or if we provide you less than the quantity you ordered, your sole and exclusive remedy is either that: (a) we will issue a credit to your credit card account in the amount charged for the canceled portion or the quantity not provided (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order or the quantity not provided. Do not assume that a cancellation or change of an order you have placed with the Company has been effected until you receive a confirmation from the Company via email or the Service. As stated above, you will be responsible for, and your credit card or third-party payment account may be charged for, the payment of all fees associated with orders already processed or shipped before your cancellation/change request was received. We may refuse any order connected with a previous credit card dispute or previous apparent fraudulent activity. We may refuse to accept any order if fraudulent activity is suspected, and we may refuse to process any subsequent order from a customer who has a history of placing fraudulent orders.
- No Responsibility to Sell Mispriced Products or Services
We do our best to describe every item, product, or service offered on this Service as accurately as possible. However, we are human, and therefore, we do not warrant that specifications or pricing on the Service are complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications of any item, product, or service, the Company shall have the right to revoke any stated price and to correct the error, inaccuracy, or omission (including after a purchase has been made) or refuse or cancel any orders in its sole discretion (including any accepted orders). If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. If we accept and process your order where a pricing or specification error is obvious and unmistakable and could reasonably have been recognized by you as a mispricing or misdescription, we may cancel the sale, refund you any sums you have paid, and require the return of any goods provided to you under the order. Additional terms may apply. If a product you purchased from the Company is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, and, if in accordance with our return policy, to receive a refund for such product.
- Modifications to Prices or Billing Terms
The purchase of products and services on the Service is subject to availability. ALL DESCRIPTIONS, IMAGES, REFERENCES, FEATURES, CONTENT, INFORMATION, SPECIFICATIONS, PRODUCTS, AND PRICES DESCRIBED OR DEPICTED IN CONNECTION WITH THE SERVICE ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. WE CANNOT AND DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, INCLUDING PRICES, PRODUCT IMAGES, SPECIFICATIONS, AVAILABILITY AND SERVICES, INCLUDING FOR ANY ITEMS SOLD BY THIRD PARTIES (IF ANY). WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE (INCLUDING AFTER A PURCHASE HAS BEEN MADE). DESCRIPTIVE, TYPOGRAPHIC, AND PHOTOGRAPHIC ERRORS ARE SUBJECT TO CORRECTION, AND WE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH ERRORS. WE RESERVE THE RIGHT TO MODIFY OR CANCEL ORDERS FOR ANY REASON, INCLUDING TYPOGRAPHICAL, PRICING, AND OTHER ERRORS, AT ANY TIME. WE STRIVE TO DISPLAY AS ACCURATELY AS POSSIBLE THE COLORS OF THE PRODUCTS SHOWN ON THE SERVICE; HOWEVER, WE CANNOT AND DO NOT GUARANTEE THAT YOUR MONITOR’S DISPLAY OF ANY COLOR WILL BE ACCURATE. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. PRODUCTS AND SERVICES DISPLAYED ON THE SERVICE MAY NOT BE AVAILABLE AT ALL TIMES AND MAY BE SUBSTITUTED OR DISCONTINUED AT ANY TIME. THE COMPANY RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE SERVICE OR BY E-MAIL DELIVERY TO YOU.
- Offers and Discounts
Restrictions apply for most promotional offers, such as coupons, vouchers, and discounts. See the offer for full terms and conditions applicable thereto. Offers are not valid on previously purchased merchandise. Offers may not be combined with other offers or promotions. Offers are not valid if reproduced and only accepted for a limited time. Please read the details of each offer, as coupons and promotional code restrictions vary. We reserve the right to modify, suspend, impose conditions on, or cancel offers at any time without notice. If you return any items purchased with a discount offer, the discount or value may be subtracted from the return credit. We have no obligation for payment of any tax in conjunction with the distribution or use of any offer. You are required to pay any applicable sales tax related to the use of the offer.
DISPUTE RESOLUTION AND BINDING ARBITRATION
Certain portions of this Section are deemed a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and Company agree that we intend that this Section satisfies the "writing" requirement of the Federal Arbitration Act and any other applicable law. This Section can only be amended by mutual agreement. PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION, AMONG OTHER THINGS.
- First – Try to Resolve Disputes and Excluded Disputes
If any controversy, allegation, or claim arises out of or relates to the Service, any Content, your User-Generated Content, these Terms, or any Additional Terms, any product, service, or advertising (including offers and promotions), then you and we agree to send a written notice to the other that includes a reasonable description of your Claim and any supporting documentation along with a proposed resolution. Your notice of any Claim and all other correspondence for any Claim must include your current mailing address. Our notice of any Claim and all other correspondence for any Claim will be sent to you based on the most recent mailing address in our files. If you fail to provide us with your current address, or the address in our records is incomplete or not current, then we have no obligation to attempt to resolve any Claim before proceeding to arbitration. To provide us notice of a Claim, send the demand via U.S. certified mail to our registered agent: Angie Strader, 2813 Chatswood Drive, Trophy Club, Texas 76262. For a period of sixty (60) days from the date of receipt of notice from the other party, the parties will engage in a dialogue in order to attempt to resolve the matter, though nothing will require either of us to resolve the matter on terms with respect to which either of us, in each of our sole discretion, are not comfortable.
- Binding Arbitration
If we cannot resolve a Dispute (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then, to the fullest extent permitted by applicable law, ANY AND ALL DISPUTES ARISING BETWEEN YOU AND COMPANY MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT - INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FRAUD, ANY OTHER INTENTIONAL TORT OR COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY - AND WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS. The Federal Arbitration Act ("FAA") shall govern the arbitrability of all Disputes, including the No Class Action Matters section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including awards of attorney’s fees and costs, in accordance with governing law, and injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would. The arbitrator shall issue a written award setting forth the arbitrator's complete determination of the dispute and the factual findings and legal conclusions relevant to it. The arbitrator's award may be entered in any court of competent jurisdiction.
- Limited Time to File Claims
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. The parties expressly waive any contrary statute of limitations or time bars, both legal and equitable, to any Dispute.