| Products, Content and Specifications. All features,
content, specifications, products and prices of products
and services described or depicted on this Web site,
Mymeteorshower.com (this "Web Site"), are
subject to change at any time without notice. Certain
weights, measures and similar descriptions are approximate
and are provided for convenience purposes only. We
make all reasonable efforts to accurately display
the attributes of our products, including the applicable
colors; however, the actual color you see will depend
on your computer system, and we cannot guarantee that
your computer will accurately display such colors.
The inclusion of any products or services on this
Web Site at a particular time does not imply or warrant
that these products or services will be available
at any time. It is your responsibility to ascertain
and obey all applicable local, state, federal and
international laws (including minimum age requirements)
in regard to the possession, use and sale of any item
purchased from this Web Site. By placing an order,
you represent that the products ordered will be used
only in a lawful manner. |
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| Shipping Limitations. When an order is placed, it
will be shipping to an address designated by the purchaser
as long as that shipping address is compliant with
the shipping restrictions contained on this Web Site.
All purchases from this Web Site are made pursuant
to a shipment contract. As a result, risk of loss
and title for items purchased from this Web Site pass
to you upon delivery of the items to the carrier.
You are responsible for filing any claims with carriers
for damaged and/or lost shipments. |
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| Accuracy of Information. We attempt to ensure that
information on this Web Site is complete, accurate
and current. Despite our efforts, the information
on this Web Site may occasionally be inaccurate, incomplete
or out of date. We make no representation as to the
completeness, accuracy or current ness of any information
on this Web Site. For example, products included on
this Web Site may be unavailable, may have different
attributes than those listed, or may actually carry
a different price than that stated on this Web Site.
In addition, we may make changes in information about
price and availability without notice. While it is
our practice to confirm orders by email, the receipt
of an email order confirmation does not constitute
our acceptance of an order or our confirmation of
an offer to sell a product or service. We reserve
the right, without prior notice, to limit the order
quantity on any product or service and/or to refuse
service to any customer. We also may require verification
of information prior to the acceptance and/or shipment
of any order. |
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| Use of this Web Site. The design of this Web Site
and all text, graphics, information, content, and
other material displayed on or that can be downloaded
from this Web Site are protected by copyright, trademark
and other laws and may not be used except as permitted
in these Terms and Conditions or with prior written
permission of the owner of such material. All rights
reserved. You may not modify the information or materials
displayed on or that can be downloaded from this Web
Site in any way or reproduce or publicly display,
perform, or distribute or otherwise use any such information
or materials for any public or commercial purpose.
Any unauthorized use of any such information or materials
may violate copyright laws, trademark laws, laws of
privacy and publicity, and other laws and regulations. |
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| Trademarks. Certain trademarks, trade names, service
marks and logos used or displayed on this Web Site
are registered and unregistered trademarks, trade
names and service marks of Meteor Shower and its affiliates.
Other trademarks, trade names and service marks used
or displayed on this Web Site are the registered and
unregistered trademarks, trade names and service marks
of their respective owners. Nothing contained on this
Web Site grants or should be construed as granting,
by implication, estoppel, or otherwise, any license
or right to use any trademarks, trade names, service
marks or logos displayed on this Web Site without
the written permission of Meteor Shower. |
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| Linking to this Web Site. Creating or maintaining
any link from another Web site to any page on this
Web Site without our prior written permission is prohibited.
Running or displaying this Web Site or any information
or material displayed on this Web Site in frames or
through similar means on another Web site without
our prior written permission is prohibited. Any permitted
links to this Web Site must comply will all applicable
laws, rule and regulations. |
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| Inappropriate Material. You are prohibited from
posting or transmitting any unlawful, threatening,
defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or
encourage conduct that would be considered a criminal
offense or give rise to civil liability, or otherwise
violate any law. In addition to any remedies that
we may have at law or in equity, if we determine,
in our sole discretion, that you have violated or
are likely to violate the foregoing prohibitions,
we may take any action we deem necessary to cure or
prevent the violation, including without limitation,
the immediate removal of the related materials from
this Web Site. We will fully cooperate with any law
enforcement authorities or court order or subpoena
requesting or directing us to disclose the identity
of anyone posting such materials. |
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| User Information. Other than personally identifiable
information, which is subject to this Web Site's Privacy
Policy, any material, information, suggestions, ideas,
concepts, know-how, techniques, questions, comments
or other communication you transmit or post to this
Web Site in any manner ("User Communications")
is and will be considered non-confidential and non-proprietary.
We and our respective affiliates and our or their
designees may use any or all User Communications for
any purpose whatsoever, including, without limitation,
reproduction, transmission, disclosure, publication,
broadcast, development, manufacturing and/or marketing
in any manner whatsoever for any or all commercial
or non-commercial purposes. We may, but are not obligated
to, monitor or review any User Communications. We
will have no obligation to use, return, review, or
respond to any User Communications. We will have no
liability related to the content of any such User
Communications, whether or not arising under the laws
of copyright, libel, privacy, obscenity, or otherwise.
We retain the right to remove any or all User Communications
that includes any material we deem inappropriate or
unacceptable. |
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| DISCLAIMERS. YOUR USE OF THIS SITE IS AT YOUR RISK.
THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON
OR THROUGH THIS WEB SITE ARE PROVIDED "AS IS"
WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER
METEOR SHOWER NOR ANY OF THEIR RESPECTIVE AFFILIATES
WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION,
MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS
WEB SITE. THE INFORMATION, MATERIALS AND SERVICES
PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF
DATE, AND NEITHER METEOR SHOWER NOR ANY OF THEIR RESPECTIVE
AFFILIATES, MAKES ANY COMMITMENT OR ASSUMES ANY DUTY
TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
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| ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH
THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES
OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND
SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, METEOR SHOWER HEREBY DISCLAIM ALL
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO
THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL
LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT
ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT
MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE
WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES
TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT.
THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
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| LIMITATIONS OF LIABILITY. Meteor Shower will not
assume any responsibility, and will not be liable
for, any damages to, or viruses that may infect, your
computer, telecommunication equipment, or other property
caused by or arising from your access to, use of,
or browsing this Web Site, or your downloading of
any information or materials from this Web Site. IN
NO EVENT WILL METEOR SHOWER, OR ANY OF THEIR RESPECTIVE
AFFILIATES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING
FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS
WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES
CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED
ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY
AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO
NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. |
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| IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR
ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO
CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM
WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED
ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE
REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS
OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH
MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK
A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN
ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED
ON THIS WEB SITE. |
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| Revisions to these Terms and Conditions. These Terms
and Conditions may be revised at any time and from
time to time by updating this posting. You should
visit this page from time to time to review the then
current Terms and Conditions because they are binding
on you. Certain provisions of these Terms and Conditions
may be superseded by legal notices or terms located
on particular pages of this Web Site. |
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| Choice of Law; Jurisdiction. These Terms and Conditions
supersede any other agreement between you and Meteor
Shower to the extent necessary to resolve any inconsistency
or ambiguity between them. |
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| Termination. You or we may suspend or terminate
your account or your use of this Web Site at any time,
for any reason or for no reason. You are personally
liable for any orders placed or charges incurred through
your account prior to termination. We reserve the
right to change, suspend, or discontinue all or any
aspect of this Web Site at any time without notice. |
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