SECTION 22 OF THESE TERMS CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL.
1. Introduction; Conditions; Age Requirements.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THIS SITE. Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms.
We will post a notification on this Site in the event of any material changes to these Terms. Such changes, whether in the form of modifications, additions, or deletions, shall be effective when specified in the relevant notification or, if the change is immaterial, immediately upon appearing on this Site. Please check these Terms periodically for changes. Your continued use of this Site following our posting of any changes to these Terms means that you accept those changes. Without limitation to the foregoing, this provision does not apply in New Jersey.
Age Requirements for General Use: Registration and participation on this Site is restricted to those individuals that are at least the age of majority in their state of residence and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. By registering or participating in services or functions on this Site, you hereby represent that you are the age of majority in your state of residence. If you are not of age, then you may use this Site only if your legal parent or guardian has accepted these Terms on your behalf and consented to your use.
Age Requirements for Purchases: YOU MUST BE AT LEAST THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE AND FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS AND WARRANTIES HEREIN, IN ORDER TO PURCHASE PRODUCTS ON THIS SITE. BY PLACING AN ORDER, YOU REPRESENT AND CERTIFY THAT ARE LEGALLY ABLE TO ENTER INTO ANY AND ALL PURCHASE AGREEMENTS WITH US AND OUR PARTNERS, VENDORS, AGENTS, AND SERVICE PROVIDERS.
Children’s Privacy: We are a general audience site and do not direct any of our content specifically at children under 13 years of age. By using this Site, you affirm that you are at least 13 years of age. IF YOU ARE UNDER 13 YEARS OF AGE, DO NOT USE THIS SITE. We understand and respect the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Site user is not at least 13 years of age, we will promptly delete any personal information in that user’s account
2. Intellectual Property; Site Content.
When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any relevant laws and for any infringement of third-party rights caused by any User Content (defined below) that you provide or transmit to us.
Specifically, the trademarks, trade names, trade dress, logos, domain names, and service marks (collectively, the “Trademarks“) displayed on this Site are the registered and/or unregistered Trademarks of APS, or such third party that may own the displayed Trademarks. Nothing contained on this Site or in these Terms serves to grant to you, by implication or otherwise, any license or right to use any Trademarks displayed on this Site without the written permission of APS or such third party that may own the displayed Trademarks.
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Site (“Content“) are all subject to patent, copyright, trademark and other intellectual property protection. Content may not be copied for commercial use or distribution, nor may Content be modified, processed, or reposted to other websites. Access to and use of this Site are solely for your purchase/use of APS products and/or services for personal use, information, education, entertainment, and communication with APS. You may download, copy or print the Content of this Site for your personal, non-commercial use only. No right, title or interest in any of the Content of this Site is transferred to you as a result of any downloading, copying, printing or use of this Site. Except as expressly provided herein, you may not modify, create derivative works, copy, redistribute, publish, transmit, display or in any way exploit any content or material from this Site without express written permission from us and, if applicable, the respective copyright owner. You acknowledge that you do not acquire any ownership rights by using, downloading or printing copyrighted material.
3. User Comments and Other Submissions.
While APS desires to receive feedback from its customers, please do not send APS any unsolicited creative or original concepts, ideas, materials or products, confidential or proprietary information, or the like (“Submission(s)“). If received, APS is under no obligation to use or compensate you for your Submissions. APS will not respond to you regarding your Submissions, and your Submissions will not be returned to you and will not be treated as confidential information.
4. License to User Content.
This Site may provide you with the opportunity to submit, post, or display content, such as photos, images, text, materials, information, data, opinions, messages, notes, graphics, designs, or any other content (“User Content“). You can do this either by uploading User Content directly to this Site or by sending us User Content through other means. By submitting User Content to this Site or sending us User Content through other means, you represent that: (i) you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity, to the User Content that you submit; (ii) you have permission from all persons appearing in your User Content to grant the rights granted herein; (iii) the use of the your User Content as described herein will not violate any law or the rights of any third party; and (iv) that you are above the age of majority. If your User Content shows a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo or video image for commercial use. Submitting User Content to this Site means that you automatically grant APS, and its third-party service providers (collectively, the “Licensed Parties“) a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, royalty-free, fully-paid license for the Licensed Parties to use that User Content and your image, likeness, username, real name, caption, location or other identifying information in connection with your User Content, for any lawful purpose, including, but not limited to, any commercial advertising/marketing, in any manner or media now or later developed, including, without limitation, the right to display, reproduce, modify, translate, create derivative works, distribute, assign, commercialize, and sub-license that User Content to third parties for their lawful uses and purposes. Subject to existing laws, you waive any moral rights that you or your licensors may have in any User Content.
5. No Endorsement or Liability for User-Generated or Third-Party Content.
Although third-party content and User Content may be posted on this Site, these postings do not constitute APS’s endorsement. APS is not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death in connection with third-party content or the User Content.
6. Third-Party Links.
Third-party links on this Site may direct you to third-party websites (“Third-Party Sites“) that are not affiliated with APS or that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country’s regulatory or product safety requirements. These Third-Party Sites and store locations are only for your convenience and therefore you access them at your own risk. We have not reviewed all of the Third-Party Sites linked to this Site and are not responsible for the content of or any products or services offered on such Third-Party Sites, and APS is therefore not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites (“Third-Party Products“). Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party. Also, access to participating retailers does not constitute an endorsement by us or any of our subsidiaries or affiliates of any retailers, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites or retailers. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction. For avoidance of doubt, if we provide links to social media platforms, such as Facebook or Twitter, and you choose to visit those websites through our links, please note that the personal information you post, transmit or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media sites and are not responsible for any third-party use of your personal information that you have posted, transmitted or otherwise made available there.
7. Copyrights; DMCA; Copyright Agent.
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any material and content anywhere on this Site. Notwithstanding this right, we do not and cannot review all materials submitted to this Site. If notified, we may investigate an allegation that content transmitted to us is in violation of these Terms and determine whether to have the communication removed. However, we are under no obligation to remove content and assume no responsibility or liability arising from or relating to any actions or content transmitted by or between you or any third party within or outside of this Site, including, but not limited to, any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein.
We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
Pursuant to our rights under the Digital Millennium Copyright Act (“DMCA“), 17 U.S.C. § 512, we have designated a copyright agent to receive copyright infringement notices for claims of infringement related to materials found on this Site. Our copyright agent is:
ART PEAK Shop, Inc. Attention: Email: email@example.com Telephone: (131) 0660 7900
To be effective, your infringement notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, including address, telephone number and email address where you may be contacted;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law (e.g. I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”); and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (e.g. “The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”).
Upon receipt of the written notification containing the information as outlined above:
- APS will remove or disable access to the content that is alleged to be infringing;
- APS will forward the written notification to the alleged infringer; and
- APS will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content.
8. DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from APS, the alleged infringer will have the opportunity to respond to APS with a counter notification (“Counter Notification“). To be effective, a Counter Notification must be a written communication provided to APS’s designated copyright agent, and must include the following:
- A physical or electronic signature of the subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
- A statement that under penalty of perjury that the material was removed by mistake or misidentification (e.g. “I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”); and
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber’s address is outside of the United States, or any judicial district in which APS may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent’s receipt of a Counter Notification containing the information as outlined above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
9. Prohibited Uses.
Solely for Personal Use: You may browse this Site and all associated content solely for your personal use and enjoyment. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
Accuracy of Information as Condition to Site Access: To access parts of this Site or some of the resources it offers, you may be asked to provide certain, sometimes personal, information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete.
Restricted Transmission: You agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you may not:
- transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including images and language;
- transmit any message that constitutes, or encourages or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
- transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
- transmit any information, software or other material which contains or delivers a virus or other harmful component;
- use any software, tool, data, device or other mechanism to navigate or search this Site other than a generally available browser;
- use any software, tool, data, device or other mechanism to “scrape” or otherwise compile data on this Site;
- frame or utilize framing techniques to enclose any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
- use any metatags or any other “hidden text” utilizing our name or Trademarks without our express written consent.
Other Restrictions: Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:
- accessing content or data not intended for you or logging onto a server that you are not authorized to access;
- attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
- interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding, ” “spamming, ” “mail bombing,” or “crashing”;
- using this Site to send unsolicited communications, including, without limitation, promotions, or advertisements for products or services;
- forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
- attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site.
Any violation of system or network security may subject you to civil and/or criminal liability.
10. Registration, Accounts and Passwords.
You must treat your username, password, and any other piece of information required as part of our security procedures as confidential, and you must not disclose the foregoing 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 Site 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, including, but not limited to, if you lose your user name or password. You agree to be responsible for any use of this Site or portions of it using your username, password or other security information. 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 or password whether chosen by you or provided by us, at any time if you have violated any provision of these Terms.
11. Site Updates.
APS undertakes no obligation to update, amend or clarify information on this Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Site should be taken to indicate that all information on this Site has been modified or updated. Please remember when reviewing information on this Site that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Site to become inaccurate or incomplete.
12. Shopping Online; Product and Pricing Information.
In order to shop on this Site, simply select the product you want to purchase, the desired quantity, and click “ADD TO BAG.” When you’ve completed shopping, click the “CHECKOUT” button and follow the instructions to checkout and complete your order. Please note that you may change the contents or edit the quantities of items in your shopping cart until you click “PLACE ORDER”, after which your order will be processed. After submitting your order, if accepted, a confirmation page will be displayed and your order number will be provided. You will also receive an email confirmation shortly after your order has been submitted. If your email confirmation does not arrive within 48 hours after you have placed your order, please contact us via e-mail for assistance. You may track your order by using your tracking number included in your shipping confirmation e-mail.
On occasion, information on this Site may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. APS reserves the right to, at any time and without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Site is inaccurate (including after you have submitted your order).
Products offered through this Site are offered subject to availability. While we do our best to ensure that product and pricing information is current and complete, we are not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products and services are quoted in US Dollars. We may, from time to time, offer promotions for shipping and other discounts on purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse, or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
By entering into any transaction through this Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through this Site. If, in our sole discretion, we determine that (i) your means of payment is not valid, (ii) a transaction is not authorized, (iii) your means of payment cannot be processed or verified at the time of any charge, (iv) a charge is disputed for any reason other than failure by us to deliver the product purchased by you, (v) you have abused or misused promotions or promotion codes, or (vi) you have otherwise used this Site to enter into an improper transaction, we reserve the right to immediately terminate any pending transactions, suspend your access to this Site, and terminate all of our obligations hereunder.
If you have any questions or concerns when placing an order or if you wish to inquire about a previously placed order, please email us at firstname.lastname@example.org using your order number.
Usage of Coupon Codes/Discount Codes: Limited one (1) time use per coupon and/or discount code per customer. Discounts will be applied at checkout. Online offers have no cash value and are not redeemable for cash. Not valid on previous purchases or when combined with any promotional offers.
This Site, Content, product information, and any products sold through this Site are intended to comply with United States state and federal laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the United States.
APS reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
13. Returns & Resale of Product.
Please visit our Return Policy for more information on acceptable returns. Additionally, this Site sells products to retail consumers only. You shall not use this Site to purchase products for re-sale or export. APS reserves the right to immediately bar access to this Site and terminate the account of any user who violates this provision.
14. Limitations on Liability.
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (A) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (B) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT/DEVICE THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (C) THAT APS AND OUR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, SHAREHOLDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, “SERVICE PROVIDERS“) WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES RELATED TO YOUR USE OF OR INABILITY TO USE OUR SITE, INCLUDING WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF APS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF APS AND OUR SERVICE PROVIDERS FOR ANY CLAIMS RELATED TO THIS SITE, EXCEED FIFTY ($50) DOLLARS.
BECAUSE SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, APS’S AND ITS SERVICE PROVIDERS’ DAMAGES IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” APS MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE, AND APS MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR DEVICE OR FREE FROM ERROR OR VIRUSES. NO APS EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW, APS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ITS CONTENT. SOME JURISDICTIONS, SUCH AS THE STATE LAW OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
APS RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND APS WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS APS, OUR SUBSIDIARIES AND AFFILIATES, AND OUR AND THEIR SERVICE PROVIDERS FROM AND AGAINST ALL CLAIMS (WHETHER OR NOT SUCH CLAIMS ARE MERELY ALLEGED OR OTHERWISE), LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THIS SITE USING YOUR ACCOUNT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE OR OTHERWISE DISPOSE OF ANY MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
17. Disabling Your Account.
You may disable your account at any time by contacting us at email@example.com. Additionally, we may, in our sole and absolute discretion, disable your account at any time and for any reason, including, but not limited to, if you breach these Terms. Upon disabling of your account, we will retain your data in accordance with our Privacy Notice.
Even if your account is disable and you cease visiting/using the Site, be aware that these Terms, to the extent any provisions by their nature will survive any expiration or termination of these Terms, shall survive.
18. Choice of Law.
These Terms will be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflicts of law rules.
When you visit this Site or send communications to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. Privacy Notice.
For information on how information is collected, used, or disclosed by APS in connection with your use of this Site, please consult our Privacy Notice, which is incorporated into these Terms by reference.
21. Payment Processing.
By agreeing to the Terms, you consent that depending on the type of payment method used, the payment processing services for goods and/or services purchased on this Site are provided by either AP Shop or by ART PEAK LLC. B.V. on behalf of ART PEAK LLC. In the event you choose to pay with credit card and the payment will be processed via a European Acquirer, these terms are an agreement between you and ART PEAK LLC. B.V. at principal address, Prins Bernhardplein 200, 1097 JB Amsterdam, the Netherlands.
Should you have any questions concerning the Terms, or if you desire to contact APS for any reason, please contact us at firstname.lastname@example.org.
Timing of Claims: Any cause of action or claim you may have with respect to this Site (including, but not limited to, the purchase of products/services) must be commenced within one (1) year after the claim or cause of action arises.
Arbitration and Venue: For all disputes arising out of or relating to the Site or these Terms, you submit and consent to the exclusive personal jurisdiction and venue in Allegheny County, Pennsylvania. Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in Allegheny County, Pennsylvania, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court, including in Allegheny County, Pennsylvania. Arbitration under these Terms shall be conducted under the rules then prevailing of the American Arbitration Association in accordance with its Commercial Arbitration Rules and before a single arbitrator. Ultimately, the selected arbitrator must have expertise in the subject matter of the dispute. The expenses of the arbitration charged by the arbitrator shall be borne by the prevailing party or otherwise as appropriately allocated between the parties to the arbitration by the arbitrator in his or her discretion. However, in every other regard each party shall pay for and bear its own costs and legal fees, costs and expenses. The arbitration shall be completed within one hundred twenty (120) days of either giving notice or filing a demand to arbitrate with the American Arbitration Association (whichever shall first occur). To start an arbitration proceeding, use the form on AAA’s website (www.adr.org) or call the AAA at 1-800-778-7879.
Final Arbitration: The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. The testimony, evidence, ruling and all documentation regarding any arbitration shall be considered confidential information. Neither party may use, disclose, or divulge any such information unless otherwise required by law.
Class Action Waiver: To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER VISITORS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. 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 23 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms, together with our Privacy Notice, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Some people who endorse our products may receive consideration for their endorsement.
24. Pennsylvania Use.
This Site is controlled and operated by us from our offices in the Commonwealth of Pennsylvania. We make no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to this Site should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than Pennsylvania. Those who access or use this Site from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions, such as the State of New Jersey, do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above provisions may not apply to you; all other provisions of these Terms remain in full force and effect.
25. Electronic Signatures.
You acknowledge and agree that by agreeing to this Terms electronically that you are expressly agreeing to the terms and conditions set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms and conditions of these Terms. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THIS SITE OR SERVICES OFFERED BY APS. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
- Your Acceptance of these Terms.
- Please read these terms carefully before using this website. Your use of this website constitutes your agreement to be bound by them. If you do not agree to these terms, please do not use this website.
- Protection of Minors, Eligibility, Registered Accounts and Passwords
- This Website as a whole is not directed to individuals under the age of sixteen (16). To sign up for newsletters, participate in sweepstakes/promotions and consent to cookies, we require consent of your parent or other legal representative if you are under the age of sixteen (16).
- If you are under the age of eighteen (18), you may only purchase our products on this Website with approval of your parent or other legal representative who agrees to be bound by these Terms. We may ask you to verify your age and you are required to answer truthfully. If you do need meet the age limits above, we will ask for your parent’s/legal representative’s consent or deny the service.
- You are responsible for the personal protection and security of any password or username that you may use to access this Website, and you agree to:
- create only one registered account on this Website;
- provide accurate, truthful, up to date and complete information when creating your account;
- maintain and promptly update your account information;
- maintain the security of your account by implementing a strong password (we recommend that passwords are a minimum of 8 characters long, contain a mixture of upper and lower case letters and numbers and are changed frequently), keep your password safe, not share your password with others and restrict access to your account and your computer;
- promptly notify APS if you discover or otherwise suspect any security breaches relating to this Website (including to immediately report a lost or stolen password and/or username to APS); and
- take responsibility for all activities that occur under your account and accept all risks of unauthorised access, without prejudice to your statutory rights.
- Without prejudice to Section 14, you are responsible for all direct or indirect damages and liable for all activity conducted on this Website that can be linked or traced back to your username and/or password and occurred, directly or indirectly, as a result of a breach of the requirements under iv. or v.
- Proprietary Rights.
- The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this Website (the “Content“) are the property of APS or an identified third party (e.g., licensors) and may be subject to international patent, copyright, trademark and other intellectual property protection. You may not copy, sell, resell, modify, distribute, reproduce, transmit, publicly display, publicly perform, adapt or edit any of the Content except as specifically set forth in these Terms, but never for any commercial use.
- Access to, and use of, this Website are solely for your purchase of APS products for personal use, information, education, entertainment, and communication with APS. You may download, copy or print the Content of this Website for your personal non-commercial use only. However, systematic retrieval of Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from APS is prohibited.
- No right, title or interest in any of the Content of this Website is transferred to you as a result of any downloading, copying, printing or use of this Website.
- If you breach this section 5 and/or section 6 of the Terms, we reserve the right to immediately suspend or terminate your use of this Website and/or your registered account, and you must, at our option, return or destroy any copies of the Content or materials you have made.
- User Comments and Other Submissions.
- License to Use Submissions.
- No Endorsement or Liability for User-Generated or Third-Party Content.
- Third-Party Links.
- Third-party links on this Website may direct you to third-party websites that are not affiliated with APS and which are not under our control (“Third Party Sites”). To the extent permitted by applicable law, we accept no liability for the content of any such Third Party Sites.
- Third Party Sites may be located in different countries, and those websites and the products sold on those websites may be subject to another country’s laws and/or regulatory or product safety requirements. APS is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions (“Third-Party Products“) made in connection with any Third Party Sites.
- Please review carefully the policies and practices of Third Party Sites and make sure you understand them before you use such sites and/or engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Sites and/or Third Party Products should be directed to the appropriate third party.
- Prohibited Uses.
- In addition to other prohibitions as set forth in these Terms, you are prohibited from using this Website and/or its Content for reasons including, but not limited to, the following:
- for any unlawful purpose;
- to solicit others to perform or participate in any unlawful acts;
- to violate any international, national, federal, or state regulations, rules, laws, instruments or local ordinances;
- to infringe or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability or political persuasion;
- to submit false or misleading information;
- to upload, unless specifically requested by APS upon your consent, any “sensitive” personal information about yourself or another person (including, but not limited to, information that relates to health or medical conditions, information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious beliefs, racial or ethnic origin, or other sensitive matters);
- to upload or transmit viruses or any other type of malicious code that will or may be used in any way to affect the functionality or operation of this Website, other websites, or the Internet;
- to collect or track the personal data of others;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose; and
- to interfere with or circumvent the security features of this Website, other websites, or the Internet.
- In addition to other prohibitions as set forth in these Terms, you are prohibited from using this Website and/or its Content for reasons including, but not limited to, the following:
- Website Updates.
- APS undertakes no obligation to update, amend or clarify information on this Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on this Website should be taken to indicate that all information on this Website has been modified or updated. Please remember when reviewing information on this Website that such information may not represent the complete information available on a subject. In addition, subsequent events or changes in circumstances may cause existing information on this Website to become inaccurate or incomplete.
- On occasion, information on this Website may contain errors, including, without limitation, typographical errors, inaccuracies, or omissions related to product availability, special offers, product promotions, pricing information, product descriptions, or product shipping charges and transit times. Unless as set forth otherwise in our European Terms and Conditions of Sale (the “Terms of Sale”), APS reserves the right to, at any time without prior notice, correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on this Website is inaccurate (including after you have submitted your order).
- Product Information and Availability.
- All European sales processed via this Website are governed by the European Terms and Conditions of Sale. Please read the Terms of Sale carefully before you purchase any products and/or services from APS. By ordering products through our Website, you agree to be bound by and accept the Terms of Sale. We may change or update the Terms of Sale from time to time so please review the Terms of Sale before you make a purchase from this Website.
- All information (including descriptions and pricing) about products, property and services included in or available through this Website, including any links to other sites, is provided in good faith and for information purposes only, and are subject to change at any time without notice at the sole discretion of APS. APS reserves the right to discontinue any product at any time. Any offer for any product or service made on this Website is void where prohibited.
- The products sold through this Website are intended to comply with the United States of America’s laws and regulations. Please note, some products cannot be shipped to certain jurisdictions. Please be aware of specific local laws, regulatory requirements, and product safety requirements.
- APS reserves the right, but is not obligated, to limit the sales of its products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis and subject to applicable laws. We reserve the right to limit the quantities of any products or services that we offer.
- Resale of Product.
- Limitations on Liability
- You acknowledge, by your use of this website, that such use is at your sole risk, and you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this website.
- Access to and use of this Website is at your own risk and we do not warrant that the use of the Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. Subject to applicable laws, we accept no liability for viruses or other computer contaminants. You are recommended to take all appropriate safeguards (such as installing appropriate anti-virus software) and firewalls before downloading information or images from this website.
- APS is liable for damages in the event of personal injury or death, intent or gross negligence.
- We shall, however, not be liable to you for any of the following (whether or not we were advised of, or knew of, the possibility of such losses) whether arising from any claim arising out of or in connection with the use of this Website, including without limitation, under any tort, including negligence, for breach of contract, for misrepresentation (other than fraudulent misrepresentation), intellectual property infringement or under any statute or otherwise:
- Any unforeseeable losses;
- Any loss or damage related to your use of or inability to use our website, including without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure;
- Any losses or damages arising out of changes made to the content of this website by unauthorised third parties; or
- Any delay in, or failure of, performance of our obligations under these terms arising from any cause beyond our reasonable control including any of the following: act of god, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.
- Disclaimer For Warranty.
- Except for cases of fraud or fraudulent misrepresentation, the content provided on this Website is provided “as is” and “with all faults”. APS makes no warranty or representation, either express or implied, as to its use, availability, content accuracy, appropriateness or performance of this Website. APS makes no representation that the content appearing on or downloaded from this website is compatible with your computer or free from error or viruses. No APS employee, agent or representative is authorized to modify or amend this warranty. To the extent allowable by existing applicable law, APS disclaims all other warranties, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, with respect to this website and its content.
- Choice of Law and Forum.
- Notice and Consent to Electronic Communications.
- Privacy and Cookies.
- Payment Processing.
ART PEAK Shop
Hawthorne, CA 90250