1. Acceptance of Agreement.
As stated above, your use of the Site constitutes your unconditional agreement to be bound by all of the terms and conditions of this Agreement. By accepting this Agreement through your use of the Site, you certify that you are 18 years of age or older. If you do not agree to, or can not comply with, any of the terms or conditions of this Agreement, you should not use the Site. We may amend this Agreement at any time without prior notice to you. The latest Agreement will be posted on the Site. Therefore, you should review this Agreement prior to each time you use the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
2. Intellectual Property Rights.
The content, organization, text, graphics, design, compilation, magnetic translation, digital conversion and other materials that are published on, form a part of, or are otherwise related to the Site (collectively, the “Content”) are intellectual property, including, without limitation, copyrights, trademarks, service marks, trade dress and/or other intellectual property that is owned, controlled or licensed by us or by third parties who have licensed such materials to us, and are protected by U.S. and international copyright laws. Except as allowed by Section 4 below, the copying, distribution, redistribution, use or publication by you of any of the Content or any part of the Site, , is strictly prohibited.
We, our licensors and suppliers reserve all rights in and to the Content and all other text, graphics, information and materials published on the Site. Except for the limited license granted pursuant to this Agreement, you do not acquire any ownership or license rights to the Site or any portion of the Content, other materials viewed through the Site. Our posting of Content on the Site does not constitute a waiver of any right in such information and/or materials.
3. Service Marks.
"ReStockIt.com" and all other marks and associated logos displayed on the Site are our trademarks or service marks. Other product and company names mentioned or displayed on the Site may be trademarks of their respective owners. No trademark or service mark license is granted in connection with the materials contained on, or your use of, the Site.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license to (a) access and use the Site strictly in accordance with this Agreement; (b) use the Site solely for internal, personal, non-commercial purposes; and (c) print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No print out or electronic version of any part of the Site or the Content may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
6. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, copyright notices, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by us. You may also bookmark pages on the Site, and therefore go directly to those pages without visiting our home page (and this Agreement). However, your use of the Site remains subject to this Agreement.
The Site may contain third party advertising and sponsorships. All third party advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in any such advertiser's or sponsor's materials. You acknowledge that any reliance or action upon any such advertiser’s or sponsor’s materials shall be at your sole risk.
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate and truthful information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
9. Acceptance of Orders, Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site at any time and without prior notice to you.
Although we strive to provide you with accurate prices and other information on the Site, there may occasionally be pricing, content, typographical or other errors on the Site. We cannot confirm the price of an item until after you place an order. Therefore, we reserve the right to refuse, cancel or limit any order because an item is mispriced on the Site or for any other reason. We may also require additional information or verification before accepting any order. We will contact you if all or any portion of your order is canceled or if additional information or verification is required. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge. For all purposes, an order shall not be deemed accepted by us and an agreement consummated with respect to the items subject to such order, until such order has been reviewed and approved by us. If an order is shipped and there are any errors with respect to pricing, the goods shipped, or anything else pertaining to the fulfillment of your order, than your sole remedy shall be to receive a full refund of the amount charged to your credit card upon our receipt of the returned products shipped to you.
We also reserve the right, in our sole discretion, (i) to limit the quantity of items purchased per person, per household, per billing and/or shipping address or per order; and (ii) to prohibit sales to dealers. We will notify you if we apply any of these limits.
10. Third Party Content.
Third party content may appear on the Site or may be accessible via links from the Site. All such content and links are provided only as a convenience to you. References on the Site to any products, services, names, trademarks or third party websites (including, without limitation, all links thereto) do not in any way constitute or imply our recommendation, sponsorship or endorsement of such third party, product, service or information. We are not responsible for, and shall have no liability to you with respect to, any such product, service, information or third party web sites (including, without limitation, any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other portion or form of third party content). You understand that the information and opinions in any such third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief. If you choose to link to any third party web site, you do so at your own risk.
11. Unlawful Activity.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
We do not represent or warrant that you may legally purchase, possess, or carry any specific item offered for purchase through the Site according to federal, state or local laws, including, without limitation, knives. By placing an order for any item on the Site, you represent and warrant that you are under no legal restrictions which would prohibit you from ordering, owning, possessing, or transferring such item under applicable federal, state or local law, and will strictly comply with all such laws in connection with your possession, use and/or transfer of such item. You further represent and warrant that you shall only use any item(s) ordered from this Site in accordance with all applicable federal, state or local laws.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, suppliers, attorneys, advertisers, product and service providers, and affiliates (collectively, "Affiliated Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site. You shall cooperate as fully as reasonably required in the defense of any such claim.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ALL OTHER INFORMATION, MERCHANDISE, PRODUCTS, SERVICES, CONTENT, DOCUMENTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH “ALL FAULTS.” TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. NEITHER WE NOR ANY OF OUR AFFILIATED PARTIES HAVE ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE SITE, INCLUDING ANY MERCHANDISE, PRODUCT INFORMATION OR SERVICE. THROUGH YOUR USE OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT SUCH USE IS AT YOUR OWN RISK. THE DISCLAIMER IN THIS SECTION 14 DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF ANY ITEM PURCHASED THROUGH THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, AND WITHOUT LIMITING THE PROVISIONS OF SECTIONS 14 AND 15, ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS EXPRESSLY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT THIS DISCLAIMER IS AN ESSENTIAL PART OF THIS AGREEMENT, WITHOUT WHICH THE SITE WOULD NOT BE PROVIDED.
15. Limitation of Liability.
(a) NEITHER WE NOR ANY OF OUR AFFILIATED PARTIES SHALL BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS FROM THE SITE OR ANY SERVICES OR PRODUCTS OBTAINABLE OR OBTAINED THEREFROM, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE OR ANY FEATURES THEREOF, (C) YOUR USE OF THE SITE, (D) THE CONTENT CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE CONTROL OF A COVERED PARTY.
(b) NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, NEITHER WE NOR ANY OF OUR AFFILIATED PARTIES SHALL BE LIABLE TO YOU 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 WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE SITE AND THE MERCHANDISE, PRODUCTS, SERVICES, CONTENT, DOCUMENTS AND INFORMATION AVAILABLE ON THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
(C) IN NO EVENT SHALL WE AND OUR AFFILIATED PARTIES BE COLLECTIVELY LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF $100. THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY OF OUR AFFILIATED PARTIES.
(D) THE FOREGOING LIMITATIONS OF LIABILITY ARE ESSENTIAL PARTS OF THIS AGREEMENT, WITHOUT WHICH THE SITE WOULD NOT BE PROVIDED.
16. Use of Information.
17. Third-Party Services.
We may allow access to or advertise certain third-party product or service providers ("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 or purchase from 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 NON-INFRINGEMENT. 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.
18. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant 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.
You represent and warrant that if you are purchasing something from us or from Merchants 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.
21. Securities Laws.
The 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 (particularly with respect to product and service offerings), 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," "will" 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 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.
22. Copyrights and Copyright Agents.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material posted on an Internet site infringes their rights under U.S. copyright law. If you believe in good faith that items, information or other materials appearing on the Site infringes your copyright, you (or your agent) may send our Designated Agent a notice requesting that the item, information or material be removed, or access to it blocked. Our Designated Agent can be contacted at: firstname.lastname@example.org. To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3)):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
23. Information and Press Releases.
The Site contains information and press releases about us. 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.
24. Legal Compliance.
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.
25. Refund and Return Policy.
Our Refund and Return Policy, as it may change from time to time, is a part of this Agreement. By using this Site, you also agree to be bound by our Refund and Return Policy. You must review this Refund and Return Policy by clicking here.
This Agreement shall be treated as though it were executed and performed in Hollywood, Florida, and shall be governed by and construed in accordance with the laws of the State of Florida (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, Documents, 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 disclaimer and limitations set forth in Section 14 and Section 15. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement may be assigned by us in our sole discretion. You may not assign your rights or obligations under this Agreement. 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 or any subsequent breaches. Our rights under this Agreement shall survive any termination of this Agreement. This Agreement and all exhibits and schedules attached to this Agreement, if any, represent the entire understanding and agreement between you and us with respect to the subject matter of this Agreement, and supersedes all other negotiations, understandings and representations (if any), whether oral or written, made by and between you and us.
Except with respect to actions by us to collect any amounts owed to us by you, or to collect or recover damages for, or obtain any injunction relating to, Site operations, our intellectual property, and our services, all disputes, controversies or claims arising out of or relating to this Agreement, or the performance or breach thereof, shall be settled exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. §§1-16. The arbitration shall be conducted in Broward County, Florida, U.S.A. Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in any court having competent jurisdiction. The arbitration shall be heard before an arbitrator mutually acceptable to both you and us; provided, that if you and we can not agree on the choice of arbitrator within 10 days after the first party seeking arbitration has given written notice, then the American Arbitration Association shall appoint the arbitrator. The party submitting such dispute shall request and the American Arbitration Association shall (i) direct the arbitrator to follow substantive rules of law and the Federal Rules of Evidence; (ii) allow for the parties to conduct discovery pursuant to the rules then in effect under the Federal Rules of Civil Procedure for a period not to exceed sixty (60) days; (iii) require the testimony to be transcribed; and (iv) require the award to be accompanied by written findings of fact and a statement of reasons for the decision. The arbitrators shall apply the substantive law of the State of Florida, without reference to provisions relating to conflict of laws. The arbitrator shall not have the power to alter, modify, amend, add to, or subtract from any term or provision of this Agreement, nor to rule upon or grant any extension, renewal, or continuance of this Agreement. The arbitrator shall have the authority to grant any legal remedy available had either you or we submitted the dispute to a judicial proceeding. Any provisions of this agreement not found to be in compliance with applicable law may be waived without abating the full force and effect of the underlying agreement to arbitrate.