Usage Terms and Conditions
LEGAL NOTICES/TERMS AND CONDITION OF WEBSITE USE
(USER AGREEMENT)
1. Important Notice
This Website is provided by Tattoo Detox. Your use of this Website is subject to these Terms and Conditions of Website Use (the "User Agreement"). Please read this User Agreement and the other information referred or linked to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website. Your use of the TattooDetox.com ™ Web site constitutes your agreement with the terms and conditions outlined below, with any other terms and conditions stated herein, and with any applicable laws. These terms are subject to change without prior notice.
PLEASE NOTE: YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH ALL OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS USER AGREEMENT, THEN YOU MAY NOT USE THIS WEBSITE.
2. Copyright and Trademark
All contents are protected by U.S. and international copyright, © 2008 TattooDetox.com ™. All rights reserved. All software and other technology components of this Web site are protected by U.S. and international copyright, © 2007-2008, TATTOO DETOX or its affiliates and suppliers. All rights reserved. PAUL WALL, THE PEOPLES’ CHAMP are trademarks or service marks of Paul Wall Enterprises, Ltd. Paul Wall Enterprises, Ltd., reserves all of its rights with regard to those marks and any other Paul Wall Enterprises, Ltd., trademarks or service marks appearing herein. This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
3. Site Use
This site and its contents are provided solely for personal, noncommercial use, including the online purchase of the merchandise depicted, and for no other purpose. Any downloading or copying of the materials herein is permitted for such personal, noncommercial use only. No right, title or interest in such materials is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.
4. Product Images
We have attempted to accurately depict the colors of the products offered on this site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
5. Pricing
We make every attempt to avoid errors in pricing and product information, but we are human. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.
6. Links to Other Sites
Tattoo Detox makes no representations or warranties about any other Web site you may access through this Web site. If there is a link to another Web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you.
7. Disclaimer
Unless specifically noted, this site, its content or the information available on or through it is provided on an "as is" basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that Tattoo Detox and third party service providers shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site.
Please note that the above disclaimer does not apply to products you may purchase through this site. Return rights concerning such products are governed by terms provided elsewhere in this site and by applicable law.
8. Counterfeit Warning
Tattoo Detox merchandise is available exclusively from TattooDetox.com ™. Buyers should be wary of purported TattooDetox.com ™ merchandise sold through unauthorized channels. Beware of counterfeits.
9. Jurisdiction, Venue, and Alternative Dispute Resolution
Any controversy or claim relating to this Website, the Content, or this Legal Notice, or Private Policy, or Refund Policy, or Contest Rules not otherwise resolved between you and Tattoo Detox will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), administered in accordance with the AAA's Supplementary Procedures for Consumer-Related Disputes. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Houston, Texas, and judgment on the arbitration award may be entered into any court having jurisdiction of it. Any claim or cause of action that you may have with respect to this Website, the Content, or Legal Notice, or Private Policy, or Refund Policy, or Contest Rules must be commenced within one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Tattoo Detox relating to your access to, or use of, this Website or any Content in accordance with this paragraph will be instituted in state or federal court in Houston, Harris County, Texas. Accordingly, you consent to the personal jurisdiction of the courts in Harris County, Texas with respect to all matters relating to your access to or use of this Website and the Content and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflicts of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Tattoo Detox to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to this Website, any Content, Tattoo Detox’s operations, and/or Tattoo Detox’s products or services caused by your act or failure to act.
10. User Communications
Any message you send to us via e-mail, postcard, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain Tattoo Detox's property, and Tattoo Detox shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and e-mails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
11. Online Shopping
This Website and other Tattoo Detox websites offers online capabilities to purchase the products as described in the website. You must be 18 years of age or older to make any such purchases. Check our online stores for more information on delivery, returns, and other sales policies. As to products and services featured on this Website, as stated previously, please note that we make every effort to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions, and details that you see on your computer monitor will vary depending on your equipment, so we cannot guarantee that your equipment will accurately display the details of our products.
A. No Purchases by Minors
By ordering a product or service online from TattooDetox.com, you represent to Tattoo Detox that you are 18 years of age or older. If a child under the age of 18 orders a product or service from TattooDetox.com without parental or guardian permission, then the parent or guardian may return the product or service for a refund according to the posted returns and exchanges policy that relate to that order.
B. Taxes
You are responsible for paying all sales, use, and other similar taxes relating to any of your online purchases of products or services from Tattoo Detox.
C. Postage and Handling; Insurance
You are also responsible for paying all postage and handling charges relating to your online purchases, and for insuring your purchases.
D. Returns and Warranties
Please review the information available at our online stores regarding our return policies and warranty information.
12. Community Areas; Code of Conduct
Tattoo Detox may elect to offer community features on this Website, such as message or bulletin boards, forums, and chat rooms. In such events, Tattoo Detox will not assume any obligation to monitor, filter, censor, edit, or regulate information or content provided by you or third parties on this Website, although Tattoo Detox reserves the right to do so in its sole discretion. Tattoo Detox does not endorse, warrant the accuracy or reliability of, or assume any liability in connection with any such information or content provided by users or other third parties.
As to any information or content that you upload or post to this Website, you represent and warrant to Tattoo Detox that you have the right and authorization to do so without the consent of any third party. You also agree not to upload or post to this Website: (a) infringing, defamatory, obscene, pornographic, threatening, abusive, violent, illegal, rude, harassing, or otherwise improper content, (b) viruses or other harmful items, or (c) content with a commercial purpose (such as offers to sell products or services or attempts to solicit funds or advertise products or services).
Tattoo Detox reserves the right, in its sole discretion, to adopt additional rules in any community area and to condition access to any such community features by any individual or group in accordance with age, geographic, or other criteria, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time. Tattoo Detox also reserves the right (but does not assume any obligation), in its sole discretion, to delete any postings on this Website that violate this User Agreement and to deny access by any user to this Website.
13. Banners, Advertisements, Information and Promotions
We reserve the right to post banners, advertisements, promotions, information and similar content throughout this Website. Any interactions, correspondence, and business dealings that you have with any advertisers and other third parties (including via Linked Sites) are solely between you and the third party (including, without limitation, issues related to the content of third party advertisements, payments, delivery of services, goods, warranties, and the like). Tattoo Detox disclaims all liability in connection with therewith.
14. Investigations; Cooperation with Law Enforcement; Termination
Tattoo Detox reserves the right, without any limitation whatsoever, to: (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
15. Private Policy
Tattoo Detox must collect certain information in order to operate this Website and to fulfill your requests or enable participation in certain online activities. But Tattoo Detox respects the privacy of its visitors, and is especially mindful of protecting the privacy of young children visiting our site. Please click on the Private Policy menu option review our Private Policy.
16. General Provisions
A. Indemnity
You agree to indemnify, defend, and hold harmless TattooDetox.com and Grills by Paul Wall, LLC. (which includes Grills by Paul Wall’s affiliates and subsidiaries) and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorneys' fees) on account of any claim, suit, action, demand, or proceeding made or brought against any such party, or on account of the investigation, defense, or settlement thereof, arising in connection with your use of this Website.
B. Revisions to this Website and this User Agreement
Tattoo Detox may, in its sole discretion, make changes to any aspect of this Website, including, without limitation, any Content, any activities available on this Website, and any products or services offered through this Website. Tattoo Detox may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.
C. Operation of Website; Availability of Products and Services
Tattoo Detox controls and operates this Website from its headquarters in Houston, Texas in the United States of America, and Tattoo Detox makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws. Although Tattoo Detox products and services are available in many parts of the world, this Website may describe products and services that are available only in the United States of America (or only parts of it) and are not available worldwide.
D. Severability
If any provision of this User Agreement is deemed unlawful, void, or unenforceable for any reason, then that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.
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