Introduction

E1 Decorate On Demand is concerned about privacy issues and want you to be familiar with how we collect, use and disclose information. This Privacy Policy (this “Policy”) describes the types of information we may collect from you or that you may provide when you visit (our “Website”) and discusses our practices for collecting, using, maintaining, protecting and disclosing that information. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. This Policy applies to any personal information, and, in certain applicable instances, other information, collected on our Website and collected through our business operations. We use the information we collect from you to improve our Website and to provide you with a more personalized experience on our Website. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using our Website, you agree to this Policy. This Policy may change from time to time (see CHANGES TO OUR PRIVACY POLICY). Your continued use of our Website after we make changes is deemed to be acceptance of those changes, so please check this Policy periodically for updates.

Information We Collect About You

When we collect information from you, our primary goal is to provide you with an efficient and more personalized experience on our Website. We collect information about you, including Personally Identifiable Information (“PII”), from the information you voluntarily provide to us and through automatic data collection technology. PII is any information that can be used on its own or with other information to personally identify you as an individual. In some jurisdictions, PII may also include technical information such as Internet Protocol (“IP”) addresses. PII that you may voluntarily provide to us includes, without limitation, the following:

• Name
• Email address
• phone Number and
• Address

Information that we collect through automatic data collection technology includes, without limitation, information about your internet connection, IP address, referrers, search terms, page views, operating system and browser type.

If you submit any PII relating to other people to us in connection with our Website, you represent that you have the authority to do so and to permit us to use such PII in accordance with this Policy.

How We May Collect Your Information

We may collect information in several ways, including:

• Directly from you:If you contact us, then we may collect information, including PII, through records and copies of your correspondence with us. We may also collect information, including PII, when you register to use our Website, place orders through our Website, subscribe to services, post material, request further services, report a problem with our Website or respond to our questions via e-mail, survey or feedback forms. If we collect information directly from you, then you may have the option to refuse to provide us with such information. However, if you decline to provide us information, then this may impact your ability to use our Website.
• Offline:You may provide information, including PII, to us when you contact a Website representative.
• Through cookies (or browser cookies):A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow our Website to serve the user with specific information tied to the user and help facilitate ongoing access to our Website. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting, then you may be unable to access certain parts of our Website. This Policy covers the use of cookies by only us. We may use the following types of cookies on our Website:
  • Essential Cookies:These cookies allow you to browse our Website and use certain features. If you disable these essential cookies, then you may be unable to use certain features.
  • Advertising Cookies:These cookies gather information about your use of our Website so that we can improve your experience and provide you with more relevant content and advertising. These cookies are also used to gather feedback on certain marketing materials.
  • Preference Cookies:These cookies allow us to recognize your device so that you do not have to provide us with the same information more than once. If you disable these preference cookies, then our Website may not be able to remember certain choices that you previously made or personalize your browsing experience.
  • Performance Cookies:These cookies collect information about how you use our Website, such as which pages you most frequently visit. We use performance cookies to provide you with a high-quality experience by doing things such as tracking page load, site response times and error messages.
• Through Flash cookies:Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, please see the CHOICES AND ACCESS section of this Policy.
• Through server log files:Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, please see the CHOICES AND ACCESS section of this Policy.
• Through web beacons:Web beacons are small electronic files that permit us, for example, to count the number of users who have visited certain pages of our Website, open a particular e-mail or other related website statistics.
• Through internet tags:Internet tags are smaller than cookies and tell our Website server information such as the IP address and browser type related to your computer.
• Through third parties:Information that we receive from our business partners and third party servicers.

We will rely on consent, which in some cases may be implied, to use technical information that is collected through our use of cookies, Flash cookies, server log files, web beacons or internet tags. You may withdraw consent at any time by contacting us as described in this Policy.

We may also use cookies, Flash cookies, web beacons, server log files and internet tags to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Note that your browser settings may allow you to send a “Do Not Track” signal to websites you visit. If you elect to send a “Do Not Track” signal when you visit our Website, we will not track your visit to our Website. To find out more about “Do Not Track” signals, visit Do Not Track

The information we collect automatically is statistical data and may, depending on applicable law, include PII, and we may maintain it or associate it with PII we collect in other ways. It helps us to improve our Website by enabling us to estimate our audience size and usage patterns, speed up your searches, recognize you when you return to our Website and store information about your preferences.

You may also provide information to be posted on public areas of our Website, or transmitted to other users of our Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of our Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

How We May Use Your Information

To the extent permitted by applicable law, we may use information, including PII that we collect:

• To contact you through email correspondence.
• To provide you with information, products or services that you request from us.
• To present our Website and its contents to you in a fashion customized to match your preferences.
• To personalize your experience on our Website.
• To allow you to participate in surveys, quizzes and other interactive features on our Website.
• To send administrative information to you, for example, information regarding our Website and changes to our terms, conditions, features and policies.
• To notify you of changes to any products or services we offer or provide through our Website.
• To provide you with certain promotional offers.
• To permit you to participate on message boards, chat rooms, personal web pages or profiles, forums and blogs to which you are permitted to post information and materials.
• To carry out obligations and enforce our rights arising from any contract entered into between you and us.
• To pursue our legitimate interests.
• To comply with legal process.
• To respond to request from public and government authorities.
• To enforce our Terms and Conditions
• To protect our operations or those of any of our affiliates.
• To protect our rights, privacy, safety or property, and/or that of our affiliates, you or others.
• To allow us to pursue available remedies or limit the damages that we sustain.
• For any other purpose with your consent.

Disclosure Of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

To the extent permitted by applicable law, your PII may be disclosed:

To identify you to anyone to whom you communicate on our Website. To our subsidiaries and affiliates for the purposes described in this Policy. To contractors, service providers, and other third parties who we use to support our business. By you, on message boards, chat rooms, personal web pages or profiles, forums, blogs or other services to which you are able to post information and materials. If you participate in social sharing (such as if you connect to your social media account), to your friends associated with your social media account, to other users of the social media website, and to your social media account provider, in connection with your social sharing activity. To any third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of any or all portion of our business, assets or equity interests, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding. To comply with any court order, law or legal process, including to respond to any government or regulatory request.

To enforce or apply our Terms and Conditions and other agreements that we may have with you, including for billing and collection purposes. To third parties for their direct marketing purposes. If we believe disclosure is necessary or appropriate to protect the rights, property or safety of us or others.

With your consent. For any other purpose disclosed by us when you provide the information. We will not disclose or sell any PII to any unaffiliated third party for direct marketing purposes without your consent.

Third Party Collection, Use, And Disclosure Of Your Information

Our Website may contain links to various third party websites. These third party websites may collect PII and other related information. This Policy does not address, and we are not responsible for, the privacy, information or other practices of any third party, including any third party operating any site to which our Website contains a link. The inclusion of a link on our Website does not imply endorsement of the linked site by us or any of our subsidiaries or affiliates.

Additionally, some content or applications on our Website are served by third parties. These third parties may use cookies or other tracking technologies to collect information about you when you use our Website. The information they collect may be associated with your PII or they may collect information, including PII, about your online activities over time and across different websites and other online services.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see the CHOICES AND ACCESS section of this Policy.

Choices And Access

We strive to provide you with choices regarding our use and disclosure of PII. We have created mechanisms to provide you with the following control over your information, including your PII:

• You can set your browser to refuse all or some browser cookies or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, please visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of our Website may then be inaccessible or not function properly.
• If at any time you wish to stop receiving communication from us, please just let us know by contacting us using the contact information listed below (see CONTACT INFORMATION).
• In addition, we will not disclose your PII to third parties, including our subsidiaries, for the third party’s direct marketing purposes if we have received and processed a request from you that your PII not be shared with third parties for that purpose. If you would like to submit such a request, please contact us using the contact information listed below (see CONTACT INFORMATION).

You can review and change your PII or other information by logging into our Website and visiting your account profile page. You may also review, correct, update, delete or otherwise limit our use of your PII or other information (such as behavioral tracking) by contacting us using the contact information listed below (see CONTACT INFORMATION). However, please note that we cannot delete your PII except by also deleting your user account and we may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete User Contributions, copies of your User Contributions may remain viewable in archived pages, or may have been copied or stored by other Website users.

Security

When users submit sensitive information via our Website, their information is protected both online and offline. Prevention of unauthorized access or disclosure of data is of the utmost importance. Physical, administrative and technical procedures are employed to safeguard all collected information.

All payment and data transactions occurring over a public network (i.e. the Internet) are encrypted using SSL technology. Specific certifier details can be inspected in your browser during a secure session (see browser-specific help for details). Our Website also uses two-step verification to confirm a particular user’s identity.

Access to PII and data by our employees is limited to those persons or agents of Magnetic Mounting Systems LLC that have a specific business purpose for maintaining and processing such PII. These individuals are made aware of their responsibilities to protect the security of that PII and also uphold the principles of confidentiality and integrity. When these individuals enter our Website and access PII, they are required to go through a security process in which such individual must provide two different authentication factors to verify their identity. This process protects such individual’s credentials and the information such individual may access.

The safety and security of information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. Please do not share your password with anyone. Sharing of account passwords is considered an acceptable use violation and may result in loss of access to our Website. Additionally, we urge you to be prudent about posting information in public areas of our Website where the information may be viewed by any user of our Website.

Unfortunately, new vulnerabilities arise in the realm of technology every day. Although we strive to protect your information, circumstances beyond our control may compromise that goal. As with any website, please be conscious of the data you share. If you are not comfortable providing any information, it is your right to withhold it. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY’S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE ARE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE, EXCEPT AS PROVIDED UNDER APPLICABLE LAWS.

Indemnity

As a condition to accessing or using our Website, you agree to indemnify and hold harmless Embroider1, Inc. D/B/A E1 Decorate On Demand its subsidiaries and affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with third party claims resulting from or otherwise in connection with your access to or use of our Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of the terms and conditions stated in this Policy.

Retention Period

We may retain your PII for the period necessary to fulfil the purposes outlined in this Policy, unless a longer retention period is required or allowed by law or to otherwise fulfil a legal obligation.

Changes To Our Privacy Policy

If we decide to change this Policy, we will post any changes we make on this page with a notice that this Policy has been updated on the home page of our Website. Any changes to this Policy will become effective when we post the revised Policy on our Website. The effective date for this Policy is identified at the top of this page. You are responsible for periodically visiting our Website and this Policy to check for any changes. Your use of our Website following these changes means that you accept the revised Policy.

Children Under The Age Of 16

Our Website is not intended for children under 16 years of age. No one under 16 years of age may provide any PII to or on our Website. We do not knowingly collect PII from children under 16 years of age. If you are under 16 years of age, do not use or provide any information on our Website or through any of its features, register on our Website, make any purchases through the Website, use any interactive or public comment features on our Website or provide any PII to us, including, without limitation, your name, address, telephone number, email address or username you may use. In the event that we learn that we have collected PII from a child under 16 years of age, we will delete such PII as soon as possible. If you believe we might have any PII from or about a child under 16 years of age, then please contact us using the contact information listed below (see CONTACT INFORMATION). Visit the Federal Trade Commission website for more information about the Children’s Online Privacy Protection Act.

E1 Decorate On Demand Return & Exchange Policy

E1 Decorate On Demand is happy to accept the return of most non-personalized, unwashed, unaltered merchandise. However, logo’d merchandise, electronics, and all On Demand custom-made items are not returnable or exchangeable unless there is a manufacturing defect.

Information about which items can be returned is listed in the shopping cart page on our web site, as well as all order e-mail confirmations and shipping packing lists and invoices.

Please review your order before completing your purchase as items on your order may not be returnable, and your order cannot be modified once it is placed.

Our return guarantee applies when a returnable product has been used for the purpose intended and under normal conditions. Other restrictions apply to your return on certain items like electronics, socks, underwear, and other personalized or monogrammed apparel. These types of items cannot be returned or exchanged regardless of the date. These items are listed individually on the website, order email confirmations, and packing lists as non-returnable/exchangeable items. No refund or credit will be given for non-returnable, non-exchangeable merchandise.

Returnable merchandise in its un-washed, un-altered, non-monogrammed non-personalized condition can be returned for full credit if received within 30 days from ship date.

Merchandise cannot be returned or exchanged after 31 days from shipment.

How to Return a Product

You must obtain a Return Authorization Number (RA #) prior to returning any merchandise by mail, FedEx or UPS. You may obtain a RA # by emailing customer service at ineedhelp@e1od.com. Once you have obtained your RA #, please write the number on the outside of your package and return to the return address provided. Merchandise will not be accepted for processing without an RA # on the outside of the box.

Please include a copy of your return form with your merchandise. You may obtain a copy of the return form from customer service.

Items you wish returned should already be indicated as part of the RA # request process when calling customer service. Please do not include additional merchandise that has not already been indicated as a return request. If you need to return additional merchandise you will need to obtain a new RA #.

Upon inclusion of your form with your merchandise, and once you have indicated your RA # on the outside of your package, please send your return via an insured carrier to the return address label provided with your RA #.

Please make sure you ship your package insured and prepaid via FedEx, UPS, USPS or DHL. The shipping charges for the merchandise you return for refund or exchange are your responsibility. E1 Decorate On Demand will not accept responsibility for uninsured or non-receipt verification returned packages.

If E1 Decorate On Demand has made a mistake on your order, we will credit you for insured ground return receipt delivery or issue a call tag to retrieve the items. Issuance of a call tag can only be achieved by emailing customer service at ineedhelp@e1od.com.

Upon receipt of your returned merchandise, E1 Decorate On Demand will process your return refund and credit the method of payment used for purchase.

Acceptance of these Terms and Conditions

Welcome to E1 Decorate On Demand, operated by E1 Decorate On Demand. These terms and conditions are entered into by and between you and the Company. The following terms and conditions, together with any documents expressly incorporated herein by reference (collectively, these “Terms and Conditions”), govern your access to, browsing of and use of E1 Decorate On Demand, including any content, functionality and services offered on or through (the “Website”), whether as a guest or a registered user. Please read these Terms and Conditions carefully before you start to use the Website. By accessing, browsing or using the Website, or by clicking to accept or agree to these Terms and Conditions when this option is made available to you, you accept and acknowledge your assent to, without limitation or qualification, these Terms and Conditions and our Privacy Policy. If you do not agree to these Terms and Conditions or the Privacy Policy, then please do not access, browse or use the Website.

Changes to these Terms and Conditions

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, browsing of and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for

• Making all arrangements necessary for you to have access to the Website and
• ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.

You agree that all information you provide to register with this Website or otherwise, including, without limitation, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.

Online Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms and Conditions. Additional terms and conditions may also apply to specific portions, services or features of the Website. All such additional terms and conditions are hereby incorporated by reference into these Terms and Conditions.

Copyrights

Except for User Content (as defined below) and any other content specifically identified as belonging to a third party, all designs, text, graphics, the selection and arrangement thereof, and all code and software on and in the Website are Copyright 2022, E1 Decorate On Demand Weissler Alhadeff & Sitterson, a full-service law firm All rights reserved. You should assume that the underlying code and everything you see or read on the Website (collectively, the “Information”) is copyrighted unless otherwise noted. The Information may not be used other than in accordance with these Terms and Conditions without the prior written consent of the Company. The redistribution, retransmission, republication, sale or commercial exploitation of the Information is expressly prohibited without the prior written consent of the Company, except that you may view and download one copy of the Information to one computer for your own personal, non-commercial use only, provided that you do not delete or change any copyright, trademark or other proprietary notices. The Company neither warrants nor represents that your use of the Information will not infringe upon the rights of third parties not owned by or affiliated with the Company. You may not use any type of automated method of retrieving data from the Website, nor access, acquire, copy or monitor the Website or the Information, nor in any way reproduce or circumvent the navigational structure or presentation of the Website or the Information. You may not obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website without the prior written consent of the Company.

Trademarks

The trademarks, logos and service marks (collectively, the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of the Company and others. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the prior written consent of the Company or such third party that may own the Trademarks displayed on the Website. The Trademarks displayed on the Website may not be used other than in accordance with these Terms and Conditions. You are also advised that the Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.

Use of the website

As a condition of you accessing, browsing and/or using the Website, you represent and warrant that:

• you are at least eighteen (18) years of age;
• you possess the capacity and legal authority to create a binding legal obligation;
• you will use the Website in accordance with these Terms and Conditions; and
• all information you supply on the Website is true, accurate, current and complete. We retain the right in our sole discretion to deny access to anyone to the Website, at any time or from time to time, and for any reason or for no reason, including, but not limited to, for violation of these Terms and Conditions or the documents referenced herein.

Prohibited Activities and Uses

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. The Information, as well as the infrastructure used to provide such Information, is proprietary to the Company or the Company’s providers. You agree not to:

• use the Website or the Information for any commercial purpose;
• access, monitor or copy any Information using any robot, spider, scraper or other automated means or any manual process for any purpose without the prior written consent of the Company;
• violate the restrictions in any robot exclusion headers on the Website or bypass or circumvent other measures employed to prevent or limit access to the Website;
• take any action that imposes, or may impose, in the Company’s sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;
• deep-link to any portion of the Website for any purpose without the prior written consent of the Company;
• “frame,” “mirror” or otherwise incorporate any part of the Website into any other website without the prior written consent of the Company;
• use the Website in any way that violates any applicable federal, state, local, or international law, rule or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States of America or other countries);
• use the Website for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• use the Website to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms and Conditions;
• use the Website to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including, without limitation, any “junk mail,” “chain letter,” “spam” or any other similar solicitation;
• use the Website to impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); or
• use the Website to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

User Content

Some of the features of the Website, including, but not limited to, message boards, chat rooms, personal web pages or profiles, forums or bulletin boards may allow users to view, display, post, publish, share, store or manage

• ideas, opinions, recommendations, or advice (“User Submissions”), or
• literary, artistic, musical or other content, including, but not limited to, photos and videos (together with User Submissions, collectively, “User Content”). User Content includes all content submitted through your account. By posting or publishing User Content to the Website, you represent and warrant that
  • you have all necessary rights to distribute User Content via the Website, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents and/or permissions to use, in writing, from the copyright or other owner of the User Content, and
  • the User Content does not violate the rights of any third party.

Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Content posted by you or any other user of the Website.

Errors and Omissions

Although the Company uses its best efforts to provide Information that is accurate and up to date at the time it is posted, the Company assumes no liability or responsibility for any errors or omissions in the Information. The Information may contain technical inaccuracies, typographical errors or information that may have become outdated over time. While the Company may revise the Information from time to time, the Company does not undertake, and hereby disclaims, the duty to correct, keep current or update the Information.

THE COMPANY IS PROVIDING THE WEBSITE AND THE INFORMATION ON AN “AS IS” AND “AS AVAILABLE” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, THE INFORMATION OR ANY WEBSITE THAT IS HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF THE INFORMATION, AND HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Content for any or no reason in our sole discretion;
• Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including, without limitation, if we believe that such User Content violates these Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
• Disclose your identity or other information about you to any third party who claims that material you posted violates their rights, including, without limitation, their intellectual property rights or their right to privacy;
• Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; or
• Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions or to assist with our fraud and abuse detection and prevention efforts.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE, INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Disclaimer of Liability

Your access to, browsing of or use of the Website is at your own risk.

NEITHER THE COMPANY NOR ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES OR AFFILIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE OR THE INFORMATION SHALL BE LIABLE FOR ANY DAMAGES, LOSSES OR OTHER LIABILITIES, INCLUDING, WITHOUT LIMITATION,

• DIRECT, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
• LOSS OF OR DAMAGE TO DATA, SOFTWARE OR COMPUTER EQUIPMENT,
• LOSS OF OR DAMAGE TO INCOME OR PROFITS,
• LOSS OF OR DAMAGE TO PROPERTY OR
• CLAIMS OF ANY PERSON OR ENTITY, WHETHER BASED IN LAW OR IN EQUITY OR ON STATUTE, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY REASON ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, BROWSING OF OR USE OF THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM, INCLUDING, WITHOUT LIMITATION, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, VIRUS, TROJAN HORSE, WORM OR OTHER HARMFUL COMPONENT, OR LINE FAILURE, OR ANY DECISION MADE OR ACTION OR INACTION IN RELIANCE ON THE WEBSITE, THE INFORMATION OR ANY WEBSITE HYPERLINKED HERETO OR HEREFROM.

Please note that some jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to you.

Indemnification

As a condition to accessing, browsing or using the Website, you agree to indemnify and hold harmless the Company, its affiliates and its and their respective directors, managers, officers, employees and agents against any and all liabilities, expenses (including, without limitation, attorney’s fees and court costs) and damages arising out of or otherwise in connection with claims resulting from or otherwise in connection with your access to, browsing of or use of the Website, including, without limitation, any claims alleging facts that, if true, would constitute a breach of these Terms and Conditions.

Products and Services

The products and services described on the Website may not be available in all geographic areas. Not all persons or entities are eligible for all of the products or services described. The Company reserves the right to determine, in its sole discretion, the eligibility for any such product or service. The Company may at any time and without notice make changes in, temporarily suspend or permanently discontinue the products or services described on the Website.

Cookies

The Company may set and access cookies on your computer. A cookie is a piece of data stored on the user’s computer tied to information about the user. Cookies allow the Website to serve the user with specific information tied to the user and help facilitate ongoing access to the Website. You may refuse to accept cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Website.

Off-Website Links; Social Media

The third-party websites hyperlinked to or from the Website are not under the control of the Company. The Company has not reviewed any or all of the third-party websites hyperlinked to or from the Website. The Company does not make any representations or warranties regarding, and is not responsible for, the content or accuracy of any third-party websites hyperlinked to or from the Website. The products and services which can be accessed, purchased or obtained through such third-party websites are from persons or entities other than the Company. The Company does not make any representations or warranties of any kind, including warranty of merchantability or warranty of fitness for a particular purpose, with regard to such services and products. If you chose to hyperlink to or from any third-party website hyperlinked to or from the Website, then doing so shall be at your own risk and the Company recommends that you carefully review such third-party websites’ terms and conditions and security and privacy policies, as they may differ from those of the Company.

Information About You and Your Visits to the Website

All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy and agree to it.

Prohibited Jurisdictions

The owner of the website is based in the State of Michigan in the United States. We make no claims that the Website or any of its content is accessible of appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on you own initiative and are responsible for compliance with local laws. Further, the Company does not authorize the downloading or exportation of the Information or any software or technical data from the Website to any jurisdiction which prohibits the downloading or exportation of such Information or data or to any jurisdiction prohibited by United States export control laws.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (as amended, the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Website infringe your copyright, you (or your agent) may send the Company a notice requesting that the material be removed, or access to it be blocked. Such notice must include:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the Website;
• your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement, 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. Notices and counter-notices with respect to the Website should be sent to the Company using the contact information listed below. The Company suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Choice of Law, Jurisdiction and Venue

The Website, the Information, these Terms and Conditions, any suit, claim, action or proceeding arising out of, or with respect to, any of the foregoing, or any judgment entered by any court in respect thereof, shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Website, the Information or these Terms and Conditions, or any judgment entered by any court in respect thereof, shall be brought exclusively in the state courts of Dade County, Florida or, if jurisdiction is appropriate, in the United States District Court for the Southern District of Florida. All parties hereby consent to personal jurisdiction in the State of Florida, acknowledge that venue is proper in the state courts of Dade County, Florida or, if jurisdiction is appropriate, in the United States District Court for the Southern District of Florida, and waive any objections that may exist, now or in the future, with respect to any of the foregoing.

Severability

In the event that any one or more of the provisions contained in these Terms and Conditions shall be declared invalid, void or unenforceable, the remaining provisions of these Terms and Conditions shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.

Entire Agreements

These Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and the Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Overview

• This document contains very important information regarding your rights and obligations, as well as conditions, limitations and exclusions that might apply to you. Please read it carefully. By placing an order for products or services from the website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions of sale (these “Terms”). You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind such organization or company to these Terms.
• You may not order or obtain products or services from this website if you
  • Do not agree to these Terms,
  • ARE PROHIBITED FROM ACCESSING OR USING THE WEBSITE OR ANY OF THE website’s contents, products or services by applicable law.
• 3. These Terms apply to the purchase and sale of products and services through (the “Website”). These Terms are subject to change by Seller (referred to as “us”, “we”, or “our” as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the “Last Updated Date” referenced on the Website. You should review these Terms prior to purchasing any products or services that are available through the Website. Your continued use of the Website after the “Last Updated Date” will constitute your acceptance of and agreement to such changes.
• These Terms are an integral part of the Website Terms and Conditions that apply generally to the use of the Website. You should also carefully review our Privacy Policy before placing an order for products or services through the Website (see Section 9). Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the products and services covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms.

Order Acceptance and Cancellation

You agree that your order is an offer to buy, under these Terms, all products and/or services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products and/or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your number and details of items you have ordered.

Price and Payment Terms

• Prices posted on the Website may be different than prices offered by us at any other online platforms or physical stores. All prices, discounts and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.
• We may offer from time to time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms and conditions for a promotion and these Terms, the promotion terms and conditions will govern.
• Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept cash and most major credit cards for all purchases. You represent and warrant that
  • The credit card information you supply to us is true, correct and complete,
  • You are duly authorized to use such credit card for the purchase,
  • Charges incurred by you will be honored by your credit card company and
  • you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.

Shipment; Delivery; Title and Risk of Loss

• We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order.
• Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays, loss or damage in transit.

Manufacturer’s Warranty and Disclaimers

We do not manufacture or control any of the products or services offered on the Website. The availability of products or services through the Website does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, except as set forth herein, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on the Website are covered by the manufacturer’s warranty as detailed in the product’s description on the Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.

ALL PRODUCTS AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY

• WARRANTY OF MERCHANTABILITY,
• WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR
• WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

Limitation of Liability

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF

• WHETHER SUCH DAMAGES WERE FORESEEABLE,
• WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND
• THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND/OR SERVICES TO WHICH THE CLAIM RELATES.

Notwithstanding the foregoing, the limitation of liability set forth above shall not apply to liability resulting from our gross negligence or wilful misconduct.

Services Not for Resale

You represent and warrant that you are buying services from the Website for your own use only, and not for resale.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website

Force Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), restraints or delays affecting carriers, or telecommunication breakdown or power outage.

Governing Law; Venue; Waiver of Jury Trial

The Website is operated from the State of Florida in the United States. All matters arising out of or relating to these Terms shall be governed by and construed in accordance with the laws of the State of Florida without regard to choice of law rules. Any suit, action or proceeding arising out of, or with respect to, the Website or these Terms, or any judgment entered by any court in respect thereof, shall be brought exclusively in the state courts of Dade County, Florida or, if jurisdiction is appropriate, in the United States District Court for the Southern District of Florida. All parties hereby consent to personal jurisdiction in the State of Florida, acknowledge that venue is proper in the state courts of Dade County, Florida or, if jurisdiction is appropriate, in the United States District Court for the Southern District of Florida, and waive any objections that may exist, now or in the future, with respect to any of the foregoing. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY SUIT, ACTION OR PROCEEDING WITH RESPECT TO THE WEBSITE OR THESE TERMS.

Assignments

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Seller.

No Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

• To You. We may provide any notice to you under these Terms by:
  • Sending a message to the email address you provide or
  • by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
• To Us. To give us notice under these Terms, you must contact us as follows:
  • By personal delivery, overnight courier, or registered or certified mail to Magnetic Mounting Systems We may update the address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Severability

In the event that any one or more of the provisions contained in these Terms shall be declared invalid, void or unenforceable, the remaining provisions of these Terms shall remain in full force and effect, and such invalid, void or unenforceable provision shall be interpreted as closely as possible to the manner in which it was written.

Entire Agreements

Our order confirmation and these Terms, our Website Terms and Conditions and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.