THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) SPECIFIED HEREIN GOVERN THE USE OF WWW.THESLAMGRAM.COM (“WEBSITE”) AND THE SERVICES PROVIDED THROUGH THE WEBSITE (“WEBSITE SERVICES”) BY THESLAMGRAM, LLC. (“THESLAMGRAM”), WHICH OWNS AND OPERATES THE WEBSITE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE WEBSITE SERVICES, YOU SHALL HAVE AFFIRMED CONSENT TO ALL OF THE TERMS AND CONDITIONS SPECIFIED HEREIN AND YOUR AGREEMENT TO BE BOUND BY THEM. AS SUCH, THESE TERMS AND CONDITIONS REPRESENT A BINDING AGREEMENT BETWEEN YOU AND THESLAMGRAM, LLC.
1. GENERAL
1.1 DEFINITIONS
1.1.1 “CONSUMER” MEANS ANY INDIVIDUAL OR ENTITY THAT VISITS THE WEBSITE. WHERE APPLICABLE, THE TERM “CONSUMER” SHALL ENCOMPASS ALL CUSTOMERS.
1.1.2 “CUSTOMER” MEANS ANY CONSUMER WHO USES THE WEBSITE SERVICES OR PURCHASES PRODUCTS THROUGH THE WEBSITE OR THE WEBSITE SERVICES.
1.1.3 “THESLAMGRAM®” MEANS A PHYSICAL GREETING CARD SENT TO INDIVIDUALS THROUGH THE WEBSITE AND THE WEBSITE SERVICES.
1.1.4 “THESLAMGRAM TRADEMARKS” MEANS ANY TRADEMARKS, TRADENAMES, LOGOS, AND OTHER COMMERCIAL DESIGNS OF THESLAMGRAM OR LICENSED TO THESLAMGRAM, WHETHER OR NOT FORMAL REGISTRATION EXISTS.
1.1.5 “WEBSITE MATERIAL” MEANS ALL OF THE INFORMATION AND CONTENT (IN ANY FORMAT WHATSOEVER) ON THE WEBSITE OR TRANSMITTED VIA THE WEBSITE SERVICES.
1.2 BY ENTERING AND USING THE WEBSITE AND THE WEBSITE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
1.3 ALL PARTIES EXPLICITLY AGREE THAT THE USE OF THE WEBSITE AND WEBSITE SERVICES SHALL BE PURSUANT TO THESE TERMS AND CONDITIONS. THESLAMGRAM SHALL NOT BE BOUND BY ANY ADDITIONAL OR DIFFERENT TERMS PROVIDED BY ANY CONSUMER OR CUSTOMER.
1.4 THE TERMS AND CONDITIONS SHALL BE CONSIDERED AND CONSTRUED AS A BINDING AGREEMENT BETWEEN YOU AND THESLAMGRAM.
1.5 THE TERMS AND CONDITIONS COMPRISES THE ENTIRE AGREEMENT BETWEEN YOU AND THESLAMGRAM, SUPERSEDING ANY PRIOR AGREEMENTS. PLEASE NOTE THAT YOU MAY BE SUBJECT TO ADDITIONAL RULES AND REGULATIONS THAT MAY APPLY WHEN YOU APPLY FOR AND USE THE WEBSITE SERVICES. ANY SUCH ADDITIONAL RULES AND REGULATIONS SHALL BE EXPLICITLY REFERENCED HEREIN AND CONSIDERED AS INCORPORATED WITHIN THE TERMS AND CONDITIONS.
1.6 THESE TERMS AND CONDITIONS CONTAIN DISCLAIMERS (INCLUDING SECTIONS 6, 7, AND 8) AS WELL AS EXCLUSIVE REMEDY PROVISIONS (INCLUDING SECTION 7).
1.7 COMPETENCY TO ENTER AGREEMENT WITH THESLAMGRAM.
1.7.1 THESLAMGRAM IS EXPRESSLY TARGETED TO INDIVIDUAL EIGHTEEN (18) YEARS OF AGE OR OLDER. YOU AFFIRM THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE.
1.7.2 IF YOU ARE LESS THAN EIGHTEEN (18) YEARS OF AGE, YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE.
1.7.3 YOU ADDITIONALLY AFFIRM THAT YOU ARE FULLY ABLE AND COMPETENT TO OTHERWISE ENTER INTO THIS AGREEMENT WITH THESLAMGRAM AND COMPLY WITH THESE TERMS OF SERVICE.
1.7.4 YOU AGREE TO PROVIDE ACCURATE, CURRENT INFORMATION THAT MAY BE REQUESTED OF YOU.
2. MODIFICATIONS TO TERMS AND CONDITIONS.
2.1 BECAUSE THE INTERNET REMAINS A DYNAMIC COMMUNICATIONS FORUM AND THE LAW ON INTERNET AND ONLINE COMMERCE REMAIN JUST AS DYNAMIC, THE PARTIES UNDERSTAND THAT THESLAMGRAM MAY ALTER, AMEND, CHANGE, WAIVE, TERMINATE OR MODIFY ANY TERM IN THIS AGREEMENT AT ANY TIME PROVIDED THAT:
2.1.1 SHOULD THESLAMGRAM ALTER, AMEND, CHANGE, WAIVE, TERMINATE OR MODIFY ANY TERM CONTAINED WITHIN THESE TERMS AND CONDITIONS, IT SHALL PROVIDE NOTICE BY:
(A) POSTING THE NEW TERMS AND CONDITIONS TO THE WEBSITE, PARTICULARLY THESLAMGRAM;
(B) ELECTRONIC MAIL OR OTHER MEANS PURSUANT TO SECTION 9.10 OF THESE TERMS AND CONDITIONS; AND/OR
(C) AS OTHERWISE REQUIRED BY LAW.
2.1.2 UPON NOTICE, ANY CUSTOMER MAY EITHER ELECT TO TERMINATE USE OF THE WEBSITE AND WEBSITE SERVICES, OR TO ACCEPT THE ALTERED, AMENDED, CHANGED, WAIVED, TERMINATED OR MODIFIED TERMS AND CONDITIONS.
2.1.3 SHOULD THE CUSTOMER ACCEPT THE ALTERED, AMENDED, CHANGED, WAIVED, TERMINATED OR MODIFIED TERMS AND CONDITIONS, THE CUSTOMER’S USE OF THE WEBSITE AND WEBSITE SERVICES SHALL PROCEED UNDER THE NEW TERMS AND CONDITIONS;
2.1.4 FURTHER, SHOULD THE CUSTOMER ACCEPT THE ALTERED, AMENDED, CHANGED, WAIVED, TERMINATED OR MODIFIED TERMS AND CONDITIONS, THE CUSTOMER SHALL EXECUTE ANY DOCUMENT PRESENTED TO THE CUSTOMER MEMORIALIZING SUCH ACCEPTANCE. HOWEVER, THE ABSENCE OF SUCH A DOCUMENT SHALL NOT AFFECT THE ENFORCEABILITY OF AND THE SPITE SITE’S RELIANCE UPON CUSTOMER’S ACCEPTANCE.
2.2 APART FROM RECEIVING NOTICE FROM THESLAMGRAM, YOU AGREE TO REVIEW THE TERMS AND CONDITIONS AND THE RELEVANT RULES AND REGULATIONS PERIODICALLY TO BE UPDATED OF ANY SUCH CHANGES.
2.3 THE ACT OF PLACING A WEB PAGE (URL) INTO A TEMPORARY FILE ON YOUR BROWSER SO THAT YOU MAY RETURN TO THAT PAGE AT A FUTURE DATE DIRECTLY, WITHOUT PASSING THROUGH CERTAIN PRECEDING PAGES (“BOOKMARKING”), MAY UNDER CERTAIN CIRCUMSTANCES RESULT IN THE BYPASS OF LINKS TO THE TERMS AND CONDITIONS. YOU HEREBY AGREE THAT ANY USE OF SUCH BOOKMARKS OR BOOKMARKING TO BYPASS ANY WEB PAGES TO ENTER INTO THE WEBSITE AND WEBSITE SERVICES CONSTITUTES ACCEPTANCE OF THE TERMS AND CONDITIONS.
2.4 PLEASE NOTE THAT YOUR CONTINUED USE OF THE WEBSITE AND WEBSITE SERVICES FOLLOWING THE CHANGES OF THE TERMS AND CONDITIONS CONSTITUTES ACCEPTANCE OF ALL SUCH CHANGES.
3. CHARGES, BILLING AND PAYMENTS
3.1 THESLAMGRAM RESERVES THE RIGHT TO CHOOSE THE FORMS OF PAYMENT ACCEPTED FOR THE WEBSITE SERVICES, TO REFUSE SELECT FORMS OF PAYMENT, AND TO REFUSE SERVICE TO ANYONE.
3.2 THESLAMGRAM PRESENTLY ACCEPTS CREDIT CARD PAYMENTS FROM CUSTOMERS. THE SPITE SITE RESERVES THE RIGHT TO ADD OR REMOVE PARTICULAR TYPES OF CREDIT CARDS FROM WHICH IT WILL ACCEPT PAYMENTS. PLEASE CHECK OUR WEBSITE AT TIME OF ORDER FOR THE THEN CURRENT LIST OF TYPES OF CREDIT CARDS FROM WHICH THESLAMGRAM WILL ACCEPT PAYMENTS.
3.3 PRICING. PRICES REMAIN SUBJECT TO CHANGE WITHOUT NOTICE.
3.4 NO MINIMUM ORDER. AT PRESENT, THESLAMGRAM DOES NOT REQUIRE A MINIMUM ORDER.
3.5 INTERNATIONAL ORDERS. CUSTOMER SHALL BE RESPONSIBLE FOR ALL MONEY TRANSFER FEES AND ANY APPLICABLE TAXES AND/OR DUTIES IMPOSED ON ORDERED PRODUCTS.
3.6 INSUFFICIENT FUNDS. PURSUANT TO ITS MERCHANT SERVICE AGREEMENTS, THESLAMGRAM WILL APPLY AN ADDITIONAL FEE OF $25.00 TO ANY PAYMENTS RETURNED OR OTHERWISE NOT ACCEPTED FOR INSUFFICIENT FUNDS.
3.7 TIMELINESS OF PAYMENTS. PAYMENTS MUST BE MADE AT THE TIME OF PURCHASE. YOU (AND YOU ALONE) ARE RESPONSIBLE FOR ALL CHARGES ASSOCIATED WITH CONNECTING TO THESLAMGRAM.
3.8 CHARGEBACKS. SHOULD YOUR BANK IMPLEMENT A CHARGEBACK OCCURRING FROM OR RELATING TO A PAYMENT BY YOU TO THESLAMGRAM, THESLAMGRAM RESERVES THE RIGHT TO TERMINATE ANY PENDING ORDERS IMMEDIATELY, ASSESS ANY FEES INCURRED BY THESLAMGRAM, AND PROCEED WITH COLLECTION OF ANY AMOUNTS DUE.
3.9 REFUNDS AND RETURNS.
3.9.1 THE SALE OF ANY THESLAMGRAM® IS FINAL.
3.9.2 ALL OTHER PRODUCTS OFFERED FOR SALE VIA THE WEBSITE SERVICES MAY BE RETURNED. TO RETURN A PRODUCT, YOU MUST SEND THE PRODUCT UNOPENED, IN ITS ORIGINAL PACKAGING, AND WITH THE ORIGINAL INVOICE TO THESLAMGRAM.
3.9.3 RETURN COSTS.
3.9.3.1 IN ALL CASES, THE CUSTOMER SHALL BE RESPONSIBLE FOR ALL RETURN SHIPPING COSTS.
3.9.3.2 ALL RETURN SHIPPING COSTS MUST BE PREPAID. THESLAMGRAM WILL NOT ACCEPT RETURN SHIPMENTS COD.
3.9.3.3 THESLAMGRAM WILL ALSO CHARGE THE CUSTOMER A 10% RESTOCKING FEE.
3.9.4 DEFECTIVE OR DAMAGED PRODUCTS. IF A PRODUCT IS DEFECTIVE OR DAMAGED UPON COMPLETION OF DELIVERY TO THE CUSTOMER, THESLAMGRAM WILL REPLACE THE ITEM AT NO CHARGE. HOWEVER, THE CUSTOMER SHALL REMAIN RESPONSIBLE FOR RETURN SHIPPING. ADDITIONALLY, THE CUSTOMER MUST RETURN THE DEFECTIVE OR DAMAGED ITEM(S) WITH THEIR ORIGINAL PACKAGING AND INVOICE.
3.9.5 THE CUSTOMER SHALL RETURN ANY ITEMS TO THESLAMGRAM AT THE ADDRESS BELOW.
3.9.6 DISCLAIMER. ALTHOUGH THESLAMGRAM WILL ACCEPT RETURNED PRODUCTS AT ITS ADDRESS, THESLAMGRAM SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR DEFECTIVE OR DAMAGED PRODUCTS MANUFACTURED OR DISTRIBUTED BY ANY PARTY OTHER THAN THESLAMGRAM. MOREOVER, THE ACCEPTANCE OF ANY RETURNED PRODUCTS AT ITS ADDRESS DOES NOT INFER OR IMPLY THAT THESLAMGRAM PURCHASED THE PRODUCT FROM THE MANUFACTURER OR DISTRIBUTOR ON YOUR BEHALF. IN FACT, THESLAMGRAM DID NOT PURCHASE ANY PRODUCT ON YOUR BEHALF. IN ANY CASE, THESLAMGRAM SHALL NOT BE RESPONSIBLE FOR ANY SUMS OF MONIES TO THE CUSTOMER FOR ANY RETURNED PRODUCT EXCEEDING THE VALUE OF THE PRODUCT.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 COPYRIGHT. ALL OF THE INFORMATION AND CONTENT (IN ANY FORMAT WHATSOEVER) ON THE WEBSITE OR TRANSMITTED VIA THE WEBSITE SERVICES, INCLUDING ANY THESLAMGRAM® AND OTHER MERCHANDISE PURCHASED THROUGH THE WEBSITE AND THE WEBSITE SERVICES, (“WEBSITE MATERIAL”) IS EITHER OWNED BY OR LICENSED TO THESLAMGRAM.
4.1.1 ALL WEBSITE MATERIAL IS PROPRIETARY AND CONSTITUTES VALUABLE INTELLECTUAL PROPERTY.
4.1.1.1 ALL WEBSITE MATERIAL IS COPYRIGHTED AND PROTECTED UNDER TREATY PROVISIONS AND WORLDWIDE COPYRIGHT LAWS.
4.1.1.2 THE WEBSITE MATERIAL, INCLUDING THAT WHICH IS TRANSMITTED VIA THE WEBSITE SERVICES, MAY NOT BE REPRODUCED, COPIED, EDITED, PUBLISHED, TRANSMITTED OR UPLOADED IN ANY WAY WITHOUT EXPRESS WRITTEN PERMISSION FROM THESLAMGRAM.
4.1.2 THESLAMGRAM PROHIBITS CONSUMERS AND CUSTOMERS FROM PRINTING AND/OR DOWNLOADING ANY MATERIALS FROM THE WEBSITE AND/OR THROUGH THE WEBSITE SERVICES.
4.1.3 ALL INDIVIDUALS ARE EXPRESSLY PROHIBITED FROM COPYING, SCANNING, OR OTHERWISE REPRODUCING ANY MATERIALS PURCHASED OR RECEIVED FROM THE WEBSITE AND/OR THROUGH THE WEBSITE SERVICES.
4.1.4 CUSTOMERS AND CONSUMERS MAY NOT PROVIDE LINKS TO THE WEBSITE ABSENT EXPRESS WRITTEN PERMISSION FROM THESLAMGRAM.
4.1.5 CONSUMERS MAY NOT FRAME ANY ELEMENTS OF THIS WEBSITE WITH ANY OTHER WEBSITE.
4.2 TRADEMARKS.
4.2.1 NOTHING ON THE WEBSITE SHOULD BE CONSTRUED AS GRANTING, BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT TO USE ANY OF THESLAMGRAM TRADEMARKS DISPLAYED ON THE WEBSITE WITHOUT THE THESLAMGRAM’S PRIOR EXPRESS WRITTEN PERMISSION.
4.2.2 ALL GOODWILL GENERATED FROM THESLAMGRAM TRADEMARKS WILL INURE SOLELY TO ITS BENEFIT AND THAT OF THEIR OWNERS.
4.2.3 ALL OTHER COMPANIES’ NAMES, BRAND NAMES AND PRODUCT NAMES ARE TRADEMARKS OR TRADE NAMES OF THEIR RESPECTIVE OWNERS WHO MAY OR MAY NOT ENDORSE, BE AFFILIATED WITH OR CONNECTED TO THESLAMGRAM.
4.2.4 THESLAMGRAM RESERVES THE RIGHT TO RESTRICT THE USE OF ITS NAME, SYSTEM, AND LOGO.
5. CONSUMER CONDUCT
5.1 THE WEBSITE AND WEBSITE SERVICES SHALL BE USED FOR LAWFUL PURPOSES ONLY.
5.2 YOU AGREE TO PROVIDE THESLAMGRAM WITH TRUE, ACCURATE AND CURRENT INFORMATION AS REQUESTED WHEN PURCHASING PRODUCTS FROM THESLAMGRAM. FAILURE TO DO SO SHALL CONSTITUTE A BREACH OF THESE TERMS AND CONDITIONS.
5.3 THESLAMGRAM RESERVES THE RIGHT TO REFUSE ITS WEBSITE SERVICES TO ANYONE SHOULD IT BELIEVE THAT THE WEBSITE SERVICES HAVE BEEN OR ARE BEING USED FOR ANY UNLAWFUL PURPOSE AND TAKE ANY FURTHER ACTION AS PERMITTED BY LAW.
5.4 THE WEBSITE AND WEBSITE SERVICES SHALL NOT BE USED TO HARASS, INTIMIDATE, OR THREATEN OTHERS OR TO CAUSE PHYSICAL AND/OR MENTAL ANGUISH TO OTHER CUSTOMERS, CONSUMERS, OR THIRD-PARTY RECIPIENTS.
5.5 FURTHER, THE WEBSITE AND WEBSITE SERVICES SHALL NOT BE USED FOR ANY OF THE FOLLOWING:
5.5.1 INTENTIONALLY OR UNINTENTIONALLY VIOLATING ANY APPLICABLE LOCAL, STATE, NATIONAL, OR INTERNATIONAL LAW, OR ANY RULES OR REGULATIONS THEREUNDER;
5.5.2 DISSEMINATING MATERIALS THAT ARE LEWD, OFFENSIVE, INFLAMMATORY, HARASSING, THREATENING, DEFAMATORY, OR OTHERWISE OBJECTIONABLE AS DETERMINED BY THESLAMGRAM IN ITS SOLE DISCRETION;
5.5.3 POSTING OR TRANSMITTING, OR CAUSING TO BE POSTED OR TRANSMITTED, VIA THE WEBSITE OR WEBSITE SERVICES ANY MATERIALS ADVERTISING ANY BUSINESS OTHER THAN THESLAMGRAM;
5.5.4 SEEKING TO OBTAIN PRIVATE FINANCIAL INFORMATION FROM ANY CONSUMER;
5.5.5 TO IMPERSONATE ANY OTHER INDIVIDUAL; AND/OR
5.5.6 ATTEMPTING TO INTERFERE WITH THESLAMGRAM’S SECURITY MEASURES.
5.6 SHOULD ANY CONSUMER BELIEVE THAT ANOTHER INDIVIDUAL HAS VIOLATED ANY OF THE FOREGOING TERMS AND CONDITIONS, THEY SHOULD IMMEDIATELY NOTIFY THESLAMGRAM AT THE CONTACT INFORMATION BELOW.
5.7 UPON LEARNING OF ANY ERROR, OMISSION OR VIOLATION OF THE TERMS AND CONDITIONS BY ANY OTHER THIRD PARTY, A CUSTOMER SHALL IMMEDIATELY NOTIFY THESLAMGRAM AT THE CONTACT INFORMATION BELOW.
5.8 CUSTOMERS ASSUME ALL LIABILITY FOR ANYTHING THEY PURCHASE USING THE WEBSITE AND/OR WEBSITE SERVICES, WHETHER INTENDED FOR THEMSELVES OR FOR A THIRD PARTY.
6. DISCLAIMER OF WARRANTIES
6.1 THE WEBSITE IS PROVIDED TO YOU “AS IS”, “WITH ALL FAULTS”, “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW.
6.2 THESLAMGRAM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:
6.2.1 ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES, SECURITY, TIMELINESS, USEFULNESS AND/OR CONTENT OF:
6.2.1.1 THE WEBSITE/WEBSITE SERVICES; OR
6.2.1.2 THE ABILITY OF THE WEBSITE/WEBSITE SERVICES TO INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR HARDWARE;
6.2.2 ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF TRADE;
6.2.3 ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF (OR ERRORS IN):
6.2.3.1 THE CONTENTS;
6.2.3.2 THE FUNCTIONING OF; OR,
6.2.3.3 THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM THE USE OF THE WEBSITE/WEBSITE SERVICES;
6.2.4 ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
6.2.5 ANY WARRANTIES REGARDING THE RIGHTS AND TITLE OF THESLAMGRAM IN THE WEBSITE/WEBSITE SERVICES, OR ANY WARRANTY THAT THE WEBSITE/WEBSITE SERVICES DOES NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
6.3 WE ARE NOT LIABLE FOR ANY INFORMATION, SOFTWARE OR OTHER PRODUCTS THAT ARE DOWNLOADED FROM THE WEBSITE OR WEBSITE SERVICES BY YOU OR INSTALLED ON YOUR COMPUTER.
6.4 THESE DISCLAIMERS APPLY TO ALL MERCHANDISE ORDERED AND/OR PURCHASED FROM THE WEBSITE AND/OR WEBSITE SERVICES.
7. ADDITIONAL DISCLAIMERS
7.1 THIRD PARTY LINKS AND PRODUCTS.
7.1.1 IN CONNECTION WITH THE WEBSITE AND THE WEBSITE SERVICES, THESLAMGRAM MAY PROVIDE YOU WITH LINKS TO WEBSITES AND OFFERS FOR PRODUCTS AND SERVICES OF THIRD PARTIES.
7.1.2 THESLAMGRAM HAS NO CONTROL OVER SUCH WEBSITES OR OVER SUCH PRODUCTS AND SERVICES.
7.1.3 THESLAMGRAM IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY WEBSITES, (B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY AND OTHER PRACTICES OF SUCH THIRD PARTIES.
7.1.4 THESLAMGRAM SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD PARTY PRODUCTS AND SERVICES INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT OR WHERE SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
7.1.5 SUCH THIRD PARTY WEBSITES MAY SOLICIT PERSONAL INFORMATION AND SEND COOKIES. THE INCLUSION OF A LINK TO A THIRD PARTY WEBSITE ON THIS WEBSITE DOES NOT IMPLY ENDORSEMENT OF THE LINKED THIRD PARTY WEBSITE.
7.1.6 THESLAMGRAM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH WEBSITES OR PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES.
7.1.7 THESLAMGRAM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ITS CONSUMERS FAILING TO ABIDE BY THIRD-PARTY WEBSITES’ POLICIES AND TERMS.
8. LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL THESLAMGRAM, LLC. OR ITS SUBSIDIARIES OR SUPPLIERS OR ITS SUBSIDIARIES’/SUPPLIERS’ OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR VANDALISM OR THEFT OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR THE WEBSITE SERVICES, EVEN IF THESLAMGRAM WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE.
8.2 THESLAMGRAM SHALL BE EXCUSED FOR ANY DELAY OR FAILURE TO PERFORM DUE TO ANY CAUSE BEYOND ITS REASONABLE CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOVERNMENT, NATURAL CATASTROPHES, DELAYS IN ORDERS FROM MANUFACTURERS; INTERNET DISRUPTIONS, OR LOSS OF DATA.
8.3 IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THE WEBSITE SERVICES OR YOU HAVE ANY DISPUTE WITH THESLAMGRAM IN CONNECTION WITH THE SAME OR THESE TERMS AND CONDITIONS, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE AND THE SERVICES.
8.4 THESE DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR RECORDS.
8.4.1 WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE WEBSITE OR WEBSITE SERVICES OR ANY PORTION THEREOF WILL BE FREE OF INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE WEBSITE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR THE WEBSITE SERVICES WILL BE CORRECTED.
8.4.2 IT IS YOUR SOLE RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION VIRUS SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT THE WEBSITE AND WEBSITE SERVICES, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
8.5 THESE DISCLAIMERS OF LIABILITY APPLY TO ALL CLAIMS AND/OR CAUSES OF ACTION, WHETHER FOR OR BASED UPON BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR UNDER ANY OTHER CLAIM OR CAUSE OF ACTION.
8.6 THESLAMGRAM SHALL NOT BE HELD LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED WITH THESE TERMS AND CONDITIONS OR WITH ANY OF THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF WHETHER CAUSED BY THESLAMGRAM, ITS AGENTS, EMPLOYEES, SUBSIDIARIES, REPRESENTATIVES, ASSIGNS OR OTHERWISE.
8.7 THESLAMGRAM SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE USE OF ITEMS PURCHASED THROUGH THIS WEBSITE.
8.7.1 WITHOUT WAIVING THE FOREGOING, UNLESS A CUSTOMER, A CONSUMER SHALL NOT BE ENTITLED TO ANY DAMAGES.
8.7.2 WITHOUT WAIVING THE FOREGOING, A CUSTOMER’S DAMAGES SHALL NOT EXCEED THE VALUE OF ANY PRODUCT PURCHASED THROUGH THE WEBSITE OR WEBSITE SERVICES.
9. GENERAL PROVISIONS
9.1 ENTIRE AGREEMENT. THE PARTIES AGREE THAT THE TERMS AND CONDITIONS CONSTITUTES THE FULL AND COMPLETE UNDERSTANDING AMONG THEM WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDES AND PREEMPTS ANY PRIOR UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS BY OR AMONG THE PARTIES, WRITTEN OR ORAL, WHICH MAY HAVE RELATED TO THE SUBJECT MATTER HEREOF IN ANY WAY.
9.2 SAVINGS CLAUSE. IN THE EVENT THAT ANY PROVISION OF THE TERMS AND CONDITIONS IS HELD TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINING PROVISIONS OF THE TERMS AND CONDITIONS SHALL NEVERTHELESS BE BINDING UPON THE PARTIES WITH THE SAME EFFECT AS THOUGH THE VOID OR UNENFORCEABLE PART HAD BEEN DELETED. FURTHER, ANY PROVISION HELD TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION SHALL BE CONSTRUED, IF POSSIBLE, TO GIVE EFFECT TO THE PARTIES’ INTENT. THE PARTIES AGREE THAT ANY SUCH PROVISION, IN ITS FORM SO MODIFIED BY THE COURT, SHALL THEN BE ENFORCEABLE AND SHALL BE ENFORCED.
9.3 PARAGRAPH AND SECTION HEADINGS. PARAGRAPH AND SECTION HEADINGS ARE FOR CONVENIENCE ONLY AND SHALL NOT BE USED TO CONSTRUE THE TERMS AND CONDITIONS OR OTHERWISE BE GIVEN ANY LEGAL EFFECT.
9.4 REASONABLENESS. THE PARTIES HAVE READ EACH OF THE TERMS IN THE TERMS AND CONDITIONS AND CONSIDER EACH OF THEM, INCLUDING ALL SUBPARTS, TO BE REASONABLE.
9.5 INDEMNIFICATION. ANY CONSUMER OF THE WEBSITE AND/OR WEBSITE SERVICES SHALL INDEMNIFY AND HOLD THESLAMGRAM, THE OWNERS AND OPERATORS OF THESLAMGRAM, AS WELL AS THEIR OFFICERS, AGENTS, DIRECTORS AND EMPLOYEES HARMLESS, AGAINST ANY AND ALL EXPENSES AND/OR LOSSES, INCLUDING REASONABLE ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM THE USE OF THE WEBSITE OR WEBSITE SERVICES, OR FROM INFORMATION SUBMITTED, ELECTRONICALLY RECEIVED, VIEWED, PRINTED, DOWNLOADED, OR TRANSMITTED THROUGH THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY.
9.6 WAIVER. NO WAIVER OF ANY BREACH OF ANY PROVISION OF THIS AGREEMENT SHALL CONSTITUTE A WAIVER OF ANY PRIOR, CONCURRENT OR SUBSEQUENT BREACH OF THE SAME OR ANY OTHER PROVISIONS HEREOF, AND NO WAIVER SHALL BE EFFECTIVE UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF THE WAIVING PARTY.
9.6.1 NO EMPLOYEE, AGENT OR REPRESENTATIVE, INCLUDING WITHOUT LIMITATION A CUSTOMER SERVICE REPRESENTATIVE, OF THESLAMGRAM SHALL BE ENTITLED TO WAIVE ANY TERM OF THE TERMS AND CONDITIONS.
9.7 APPLICABLE LAW. THE TERMS AND CONDITIONS SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF INDIANA AND THE VENUE FOR ANY ACTION, DISPUTE OR PROCEEDING WITH RESPECT TO THIS AGREEMENT SHALL BE MARION COUNTY, INDIANA.
9.8 INCORPORATION CLAUSE. THESE TERMS AND CONDITIONS SHALL INCORPORATE THE TERMS PROVIDED FOR IN THE PRIVACY AND SECURITY POLICY AS WELL AS THE DISCLAIMERS CONTAINED ON ANY THESLAMGRAM® AND OTHER PRODUCTS PURCHASED VIA THE WEBSITE AND/OR WEBSITE SERVICES.
9.9 RIDERS. RIDERS MAY ACCOMPANY THESE TERMS AND CONDITIONS. IF RIDERS HAVE BEEN ATTACHED TO THESE TERMS AND CONDITIONS AND EXECUTED BY BOTH PARTIES, SUCH RIDERS SHALL BE SPECIFICALLY IDENTIFIED BY TITLE BELOW AND TREATED AS INCORPORATED HEREIN BY REFERENCE:
9.9.1 AT THIS TIME THERE ARE NO RIDERS TO THIS AGREEMENT.
9.10 NOTICES. NOTICES BY THESLAMGRAM TO YOU MAY BE GIVEN BY MEANS OF ELECTRONIC MESSAGES THROUGH THE WEBSITE, BY A GENERAL POSTING ON THE WEBSITE, OR BY CONVENTIONAL EMAIL. NOTICES BY YOU TO THE WEBSITE MAY BE GIVEN BY ELECTRONIC MESSAGES, CONVENTIONAL MAIL, TELEPHONE OR FAX, UNLESS OTHERWISE SPECIFIED IN THESE TERMS AND CONDITIONS, AT THE FOLLOWING CONTACTS:
THESLAMGRAM, LLC.
PO BOX 39403
INDIANAPOLIS, INDIANA 46239
U.S.A.
EMAIL:
TELEPHONE:
9.11 RESTRICTED LOCATIONS.
9.11.1 THE WEBSITE AND WEBSITE SERVICES MAY NOT BE ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE RECEIVED IN ANY COUNTRY OR LOCATION IN WHICH DOING SO WOULD, OR COULD BE DEEMED A VIOLATION OF ANY LAW, REGULATION, RULE, ORDINANCE, EDICT OR CUSTOM.
9.11.2 THE WEBSITE MAY NOT BE USED BY AND IS NOT DIRECTED AT ANY COUNTRY OR REGION CURRENTLY EMBARGOED BY THE UNITED STATES. BY DOWNLOADING OR USING SOFTWARE PROVIDED ON THE WEBSITE, YOU AGREE TO THE FOREGOING AND YOU WARRANT THAT YOU ARE NOT LOCATED IN, OR UNDER THE CONTROL OF, OR A NATIONAL OR RESIDENT OF ANY SUCH COUNTRY OR REGION.
