TERMS AND CONDITIONS APPLICABLE TO THE ACCESS AND USE OF THIS SITE
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY.
THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND
OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT
APPLY TO YOUR PURCHASE OF PRODUCTS ON THIS WEB SITE.
THERE ARE TWO PAGES TO THIS DOCUMENT. PLEASE READ BOTH CAREFULLY.
The web site located at the URL itsforhome.com (this “Site”) is managed
and operated by iOpen, Inc., a California Corporation, with its primary
operations located in Boulder, Colorado (the “iOpen”). By accessing,
browsing and using this Site, you agree that your access, browsing, use
and purchase of the products listed and/or available through this Site
(the “Products”) is subject to the following terms and conditions
(“Terms and Conditions”) as well as all other applicable laws, which
shall be in addition to any other terms or conditions set forth in any
purchase order applicable to the purchase of Products on this Site. In
the event of any conflict between these Terms and Conditions and the
terms and conditions set forth in any other applicable purchase order
or other instrument, these Terms and Conditions shall govern. iOpen
reserves the right to make amend, change, modify, delete from or add
to this Site, including without limitation, changing prices and terms
related to payment, shipping and returns, and these Terms and Conditions
at any time.
You agree that your access, browsing, use and purchase of Products on this
Site shall be subject to these Terms and Conditions as amended as of such time.
As long as you strictly comply with these Terms and Conditions and any such
modifications and you are at least the legal age of majority in your state of
residence and/or that you are duly authorized by your employer to access, browse
and use this Site, iOpen grants you a personal, non-exclusive, non-transferable,
non-sublicensable, limited privilege to enter and use the Site.
PAYMENT TERMS
The following payment terms apply to the purchase of Products on this Site:
(a) Terms of payment for all the purchase of all Products on this Site shall
be as set forth elsewhere in this Site and may be amended or modified in the
sole discretion of iOpen from time to time.
(b) Payment for the purchase of all Products on this Site shall be made by
a credit card and in connection with any purchase of Products on this Site
you shall enter a valid credit card number and associated payment information
as directed elsewhere by this Site. (c) By entering such information, you
hereby authorize iOpen to charge such credit card at its convenience but within
thirty (30) days of credit card authorization for all amounts due and payable
in connection with your purchase of Products on this Site. (d) Credit card
payment is subject to the approval of the financial institution that issued
the credit card and iOpen shall have no liability if such financial institution
refuses to accept or honor such credit card charge for any reason.
(e) iOpen may require additional verifications or information before
accepting any order.
DISCLAIMER REGARDING PRODUCT DESCRIPTIONS AND PRICING
iOpen makes reasonable efforts to ensure the accuracy and completeness of
the content of this Site; however this Site may contain technical inaccuracies
and typographical errors with respect to the descriptions and pricing for
Products or the other content of this Site. iOpen makes no warranties or
representations as to its accuracy and assumes no liability or responsibility
for any errors or omissions in the content of this Site. iOpen provides such
content, including the text, graphics and links, to you "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR FREEDOM FROM COMPUTER VIRUSES.
In the event of any technical inaccuracies or typographical or other errors
related to incorrect pricing, rebate, refund or other information regarding any
Products, iOpen shall have the right to refuse or cancel any orders placed for
such Products. iOpen shall have the right to refuse or cancel any such orders
whether or not the order has been confirmed and your credit card has been charged.
If your credit card has already been charged for the purchase and your order is
canceled, iOpen shall immediately issue a credit to your credit card account in
the amount of the initial charge.
ORDER ACCEPTANCE
Your receipt of an electronic or other form of order confirmation does not signify
iOpen’s acceptance of such order, nor does it constitute confirmation of an offer
to sell the Products described therein. iOpen hereby reserves the right, without
notice to you, at any time after receipt of your order to accept or decline the
same or limit the quantities set forth therein for any reason. iOpen will be deemed
to have accepted your order only upon shipment of the relevant Products.
RISK OF LOSS
You acknowledge that title to the Products passes to you upon iOpen’s delivery of
the Products you purchased on this Site to the common carrier.
SHIPPING AND HANDLING
You acknowledge that the iOpen’s then-current charges for shipping and handling
will be automatically added to all orders and the payment terms set forth in
these Terms and Conditions shall apply to such charges.
SALES AND OTHER TAXES
You acknowledge that iOpen is obligated to withhold sales tax in connection with
the sale and delivery of Products within certain states (for example, Colorado)
and all such taxes shall be automatically added to all orders and the payment
terms set forth in these Terms and Conditions shall apply to such taxes. Unless
you deliver to iOpen a valid tax exemption certificate applicable in the state
where the relevant Products are to be delivered at the time you place an order
for the purchase of Products on this Site, you will be responsible for sales and
all other taxes associated with such order that iOpen does not collect at the
time such order is processed.
COMPLIANCE WITH RETURN POLICIES
You agree to comply with and be bound by the return policies in connection with
returns of products purchased through this Site. This Site’s current return policy
(located in the Customer Service section of this Site) is incorporated herein by
reference and made part of these Terms and Conditions.
USER GENERATED CONTENT
Authorized users of this Site are permitted to post reviews, comments, and other
content in the various forums, comment boards and sections for Product reviews
set forth in this Site, so long as such reviews, comments and other content:
(a) is not illegal, obscene, threatening or defamatory;
(b) does not invade the privacy of any third party;
(c) does not infringe the intellectual property rights of any third party;
(d) is not otherwise injurious to any third party; and
(e) does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity
or otherwise misrepresent the origin of a review, comment or other content.
iOpen shall have no duty to, and shall not, regularly or periodically review
the Site for posted reviews, comments and other content. iOpen shall have
no responsibility and assumes no liability for any reviews, comments or
other content you or any other user posts on this Site.
iOpen may (but shall not be obligated to) delete, qualify or edit any review,
comment or other content, but does not regularly review posted content.
You hereby grant to iOpen and its affiliates a nonexclusive, royalty-free,
perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute,
and display any reviews, comments or other content you post on this Site
throughout the world in any media. In addition, you grant iOpen and its
affiliates and sublicensees the right to use your name in connection with
exercising such rights. You represent and warrant that:
(a) you own or otherwise control all of the rights to the reviews,
comments and other content that you post on this Site; and
(b) the same is accurate. You shall indemnify iOpen and its affiliates
and their respective stockholders, members, directors, managers, officers,
employees, agents and representatives from and against all claims resulting
from any reviews, comments or other content you post to this Site.
ACCOUNTS
You agree that you will not misuse or abuse account access and passwords.
You agree that you will only use your password and that you will take all
reasonable precautions to protect its secrecy.
PRIVACY POLICY
iOpen considers the privacy of the users of this Site to be paramount, and
has developed a privacy policy to protect and inform this Site’s users
("Privacy Policy"). iOpen’s current Privacy Policy is incorporated herein
by reference and made part of these Terms and Conditions.
LINKS
This Site may contain links to other web sites that are owned and operated by
third parties. You acknowledge that iOpen does not endorse and is not responsible
for the operation of or content located on any such web site.
THIRD PARTY CONTENT
Certain content from third party suppliers and vendors may be made available as
part of this Site. iOpen believes that such content is accurate and reliable,
but iOpen does not endorse or guarantee the same.
TECHNICAL SERVICE AND SUPPORT
All requests for technical service and support for products purchased should be
made directly to the manufacturer in accordance with their terms and conditions.
RESTRICTIONS ON USE OF THIS SITE
If you are a minor, you must obtain the permission of your parents or legal
guardians in order to access, use or browse this Site.
By accessing, using or browsing this Site, you agree not to use any device,
software or other tool or process to interfere or attempt to interfere with
the operation of this Site and not to take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
this Site. In addition, you agree not to use any robot, spider or other
software, device, tool or process to monitor or copy the pages or the
material or content of this Site without the prior written consent of
iOpen. iOpen typically grants such consent to operators of standard
Internet search engines that employ customary technology to direct Internet
users to this Site from their search engine websites.
By accessing, using or browsing this Site, you agree that the information
you provide to iOpen via this Site will not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate data or information.
By accessing, using or browsing this Site, you agree that iOpen may
unilaterally terminate your rights of access to this Site without prior
notice in the event that iOpen determines, in its sole discretion, that
(a) you have violated these Terms and Conditions or have otherwise abused,
misused or otherwise sought to damage this Site, iOpen or its other customers;
(b) iOpen receives a bona fide request from law enforcement officials or
officials from other government agencies; (c) iOpen experiences unexpected
technical or security issues or problems; and (d) you have not visited this
Site for an extended period of time. Such termination may entail the (x)
deletion of your password and account designation and all related information
associated the same; and (y) a permanent or indefinite suspension of your
rights to access, use or browse this Site.
COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and
regulations regarding your use of this Site and your purchase of Products
from this Site. iOpen may, in its sole discretion, report actual or perceived
violations to law enforcement or appropriate authorities. If iOpen becomes
aware, through a complaint or otherwise, of any potential or suspected
violation of these Terms and Conditions or the Privacy Policy, iOPen may
(but is not obligated to) conduct an investigation to determine the nature
and extent of the suspected violation and the appropriate enforcement action,
during which investigation iOpen may suspend services to you or any third party
being investigated and/or remove any content the Site. You agree to cooperate
fully with any such investigation. You acknowledge that violations of the
Terms and Conditions or the Privacy Policy could be subject to criminal
or civil penalties.
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