This Agreement governs the Website, and all pages within it, mobile sites, and applications owned or operated by the Company including any of the Company’s content, programs, services, features, activities, and products (collectively the “Services”).
By using, participating in, or accessing the Services you signify your acceptance of the terms of the Agreement. If you do not understand or do not agree with the terms of the Agreement, please do not provide us with personal information and do not access the Website or utilize the Services.
We may modify the Agreementat our discretion and for any reason at any time. Such modifications will be effective immediately upon posting. We encourage you to review the Agreement each time you access use the Services, since you are bound by their terms each time you access or use the Services.
WHO MAY USE THE WEBSITE
Company will not be liable for any damages that may result from misrepresentation of age by a user of the Services. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
In order to provide you with the Services, including to conduct our business and to provide you with the best possible products and services, we may need to provide you with certain communications. By using the Services, and subject to the provisions of the Agreement, you consent to receive any and all such communications. We will communicate with you electronically, including but not limited to e-mail, text, or SMS communications and push notifications, or by posting or sending you notices through the Site and/or the App. These communications are considered part of the Services, which you may not be able to opt-out from receiving.
You agree that all agreements, notices, disclosures, or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We welcome your comments and feedback. All communications and comments submitted to us using the Services are non-confidential. We reserve the right to use any ideas, concepts, comments, techniques, visuals, or suggestions contained in any such communication or comment. We retain rights to all comments, feedback, suggestions and submissions to us using the Services.
INTELLECTUAL PROPERTY RIGHTS
All text, designs, graphics, logos, page headers, button icons, scripts, service names, manuals, technical documentation, product information, user interfaces, visual interfaces, images, photographs, trademarks, sounds, music, and artwork (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement thereof, appearing via the Services are owned, controlled or licensed by or to Company, and are protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
The Content may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Company. All other trademarks not owned by Company that via the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Company. Nothing appearing via the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed via the Services, without the prior written permission of the trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law.
You are granted a limited, non-sub licensable right to access the Services to print the Content for your personal, non-commercial, and informational use only. The foregoing license grant does NOT include the right for you to: 1) publish, publicly perform or display, or distribute to any third party any Content, including reproduction on any computer network, or broadcast or other media; 2) market, sell, or make commercial use of the Services or any Content therein; 3) systematically collect or use any Content or data from the Services, including but not limited to use of data spiders, robots, or comparable data gathering, mining or extraction methods; 4) make derivative use of the Services or any Content therein; or 5) use, frame, or utilize framing techniques to enclose any portion of the Services (including the images, text, or layout/design appearing within the Services ).
Any unauthorized use of the Services or the Content therein terminates any permission or license that we granted you, and may violate applicable laws including copyright laws, trademark laws (including trade dress), and communications statutes and regulations. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Services, so long as the link does not portray Company, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Company logo or other proprietary graphic or trademark as part of the link without express written permission.
SERVICE CONTENT AND PURCHASES
We strive to be as accurate as possible with our product descriptions and pricing information listed via the Services. However, we do not warrant that product descriptions, pricing information, or other content listed via the Services are accurate, complete, reliable, current, consistent, or error-free. While we will use our best efforts to fulfill all orders, we cannot guarantee the availability of any particular product displayed via the Services. We reserve the right to discontinue the sale of any product listed via the Services at any time without notice. If upon receipt of a product offered by Company you find that it is not as described via the Services, your sole remedy is to return it in unused condition, subject to Company’s Return/Exchange policy.
We cannot confirm the price of an item until you order; however, we do not charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order.
Product prices offered via the Services may vary from other advertised prices due to varying conditions in different geographic markets. The prices displayed via the Services are quoted in U.S. Dollars and are valid and effective only within the United States, and such prices do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges. State and local sales or use taxes that may apply to your order.
All items purchased, earned, or otherwise ordered from the Services are made pursuant to the terms of the specific shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
- In any manner that violates any applicable federal, state, local and international law or regulation;
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the terms of the Agreement;
- To gather or attempt to gather personal information belonging to members, users, or member organizations for the purposes of spamming, marketing, selling to third parties, or otherwise sharing beyond the reasonable uses of the Services;
- In any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services; or
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Company or users of the Services, or may expose Company or users of the Services to liability.
You further agree not to:
- Use any robot, spider or other automatic device, process, or means to access the Services for any purpose, including to monitor or copy any of the material on the Services;
- Use any manual process to monitor or copy any of the Content on the Services for any unauthorized purpose without Company’s prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Services;
- Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Services, the server on which any part of the Services is stored, or any server, computer, or database connected to the Services;
- Attack the Services via a denial-of-service attack or a distributed denial-of- service attack; or
- Otherwise attempt to interfere with the proper working of the Services.
FOR YOUR OWN SAFETY AND SECURITY, YOU ARE NOT PERMITTED TO POST YOUR LAST NAME, TELEPHONE NUMBER, STREET ADDRESS OR SIMILAR PERSONAL IDENTIFYING INFORMATION ON PUBLICLY ACCESSIBLE AREAS OF THE WEBSITE. IN ADDITION, OUR POLICY FORBIDS THE POSTING OF ANY CONTENT AND THE CONDUCT OF ANY ACTIVITY THAT, IN OUR SOLE AND ABSOLUTE DISCRETION, IS ILLEGAL, COMMERCIAL, SEXUALLY EXPLICIT, RACIST, VIOLENT, HATEFUL, OFFENSIVE, OR PROMOTES ACTIVITY THAT IS IN ANY WAY ILLEGAL, VIOLENT OR OFFENSIVE. THE COMPANY RESERVES THE RIGHT TO INVESTIGATE, REMOVE ANY CONTENT POSTED IN VIOLATION OF OUR POLICIES, AND TAKE APPROPRIATE LEGAL ACTION AGAINST ANYONE WHO, IN OUR SOLE DISCRETION, VIOLATES OUR POLICIES. SUCH LEGAL ACTION MAY INCLUDE, AMONG OTHER THINGS, REPORTING A VIOLATOR TO THE LEGAL AUTHORITIES.
LINKS TO OTHER WEBSITES AND SERVICES
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS MADE AVAILABLE TO YOU THROUGH THEM ARE PROVIDED BY COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING.
The company is not responsible for any incorrect or inaccurate content posted on the website, whether caused by users of the website or by any of the equipment or programming associated with or utilized in the website. The company takes no responsibility for third party advertisements which are posted on this website by the company or by users of the website, nor does it take any responsibility for the goods or services provided by its advertisers. The company is not responsible for the conduct, whether online or offline, of any user of the website. The company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications among users of the website. The company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the website or combination thereof, including any injury or damage to users or to any person’s computer related to or resulting from participation or downloading materials in connection with the website. Under no circumstances shall the company be responsible for any loss or damage, including personal injury or death, resulting from use of the website or website from any content posted on the website, or from the conduct of any users of the website, whether online or offline. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, A VIRUS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES, YOUR USE OF ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED VIA THE SERVICES OR WEBSITE LINKED TO THE SERVICES.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE OPERATION OF THE SERVICES AND THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOU USE THE SERVICES AT YOUR SOLE RISK.
COMPANY DOES NOT WARRANT THAT PRODUCT DESCRIPTIONS, PHOTOGRAPHS, PRICING, OR OTHER CONTENT REGARDING PRODUCTS DISPLAYED OR OTHERWISE AVAILABLE ON THE SERVICES ARE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE. ALL WEIGHTS AND SIZE DIMENSIONS ARE APPROXIMATE.
LIMITATION ON LIABILITY
In no event will company, its affiliates, or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the services, any websites linked to the services, any content of the services, any services or items obtained or purchased through the services, including any direct, indirect, special incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS
You and Company agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither you nor Company agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor Company agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
To the maximum extent permitted by applicable law, each party shall be responsible for the cost of preparing and presenting its case in arbitration. Company will, however, pay the amount of any arbitration costs and fees charged by the arbitrator;
In the case of face-to-face arbitration proceedings, the proceedings shall be conducted at a location that is reasonably convenient to you; andthe arbitrator’s award shall be in writing.
CHOICE OF LAW
You agree to indemnify and hold the company, its affiliates, and their respective members, managers, directors, officers, employees, agents, attorneys, successors and assigns (each, a “Company Party”), harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any information you provide causes any company party to be liable to any third party.
We make no representation that the Services are appropriate or can legally be used outside the United States. Accessing and using the Services is prohibited in locations where doing so would be illegal. Users that access or use the Services from locations outside the United States do so on their own initiative and are responsible for complying with local laws.
WAIVER AND SEVERABILITY
You may contact the company at:Cotton Links LLC., dba CLCA 1360 South Ritchey Street
Santa Ana, CA 92705
If you have any questions or concerns with respect to the Website, the Company, or this agreement, please feel free to contact us at the address above or by email at firstname.lastname@example.org.
Last updated: 2020
Copyright Cotton Links 2020