Terms & Conditions
OWNERSHIP / RESTRICTIONS ON USE
The Website is owned and operated by Rudy Peirce. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to Rudy Peirce and www.rudypeirce.com, its affiliates and/or third-party licensors. The Content is protected by Canadian, United States and international copyright and trademark laws.
Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Rudy Peirce and www.rudypeirce.com. You may download, print and reproduce the Content for your own non-commercial, informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL Source of such Content.
Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Rudy Peirce. To obtain written consent for such reproduction, please contact us at: firstname.lastname@example.org
REGISTRATION AND PASSWORDS
To access certain portions of the Website and/or to request sample products online, you may be asked to complete an online registration form. In consideration for your use of this Website and the services provided on it, you agree to provide true, current, complete and accurate information as requested on any registration form to which this Website may direct you, and to update that registration information as soon as possible after any information on such registration form changes.
Upon registration, you will choose a username and password. You alone are responsible for keeping that password and username confidential, and for any and all activity that occurs on this Website under such password or username. You agree to immediately notify www.rudypeirce.com of any unauthorized use of your password or username or any other breach of security.
It is our goal to provide increased value to you, our visitors. Therefore, the Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from www.rudypeirce.com and that www.rudypeirce.com has no control over the content of such websites. Consequently, Rudy Peirce and www.rudypeirce.com cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness and/or completeness of the information contained on such websites.
The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.
As a condition of your continued access to and use of this Website, you agree to abide by all applicable federal, provincial, state, territorial and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:
a) upload, post, e-mail or otherwise transmit any material that: i) constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; ii) infringes any patent, trade-mark, trade secret, copyright or other proprietary or privacy rights of any party; iii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable; or , iv) contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment; b) harvest or otherwise collect or store any information (including personally identifiable information) about other users of the Website, including e-mail addresses, without the express consent of such users; c) for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website; d) attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means; f) interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies or procedures of such networks; and , g) use, download or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.
DISCLAIMER / LIMITATION OF LIABILITY
Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.
ACCORDINGLY, THIS WEBSITE, INCLUDING THE CONTENT AND SERVICES PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. RUDY PEIRCE and www.rudypeirce.com, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RUDY PEIRCE and www.rudypeirce.com DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL RUDY PEIRCE and www.rudypeirce.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY CONTENT, SERVICES OR ANY PRODUCT SAMPLE OBTAINED THROUGH THE WEBSITE, EVEN IF RUDY PEIRCE and www.rudypeirce.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SAMPLE PRODUCTS AND SERVICES DISPLAYED ON THE WEBSITE MAY NOT BE AVAILABLE AT ALL TIMES AND PRODUCTS AND SERVICES MAY BE CHANGED, AND SUBSTITUTED OR DISCONTINUED AT ANY TIME. WHILE WE ATTEMPT TO PROVIDE AN ACCURATE DESCRIPTION OF ITEMS AVAILABLE ON THE SITE, WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY OR CURRENCY OF SUCH DESCRIPTIONS.
ALL OTHER TERMS AND CONDITIONS GOVERNING ANY PRODUCT ON THE WEBSITE ARE PROVIDED WHEN YOU REQUEST CONTACT OR SERVICE. RUDY PEIRCE and www.rudypeirce.com MAKES NO WARRANTIES REGARDING ANY PRODUCTS AND/OR SERVICES. YOU EXPRESSLY RELEASE AND HOLD RUDY PEIRCE and www.rudypeirce.com HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF ANY PRODUCT OR SERVICE.
In particular, you agree to indemnify and hold harmless Rudy Peirce and www.rudypeirce.com, its affiliates, members, officers, employees, agents, sponsors, and licensors for any injury, including but not limited to bodily harm or death, to you or any third party that may result from the use of or reliance on any Content or product shipped to you by www.rudypeirce.com. Rudy Peirce and www.rudypeirce.com recommends that users exercise their own skill and care with respect to the use of any Content and should obtain any expert advice they consider necessary.
From time to time we may offer and/or co-sponsor contests or promotions on the Website. Each of these activities shall be governed by specific rules accessible from the pages of the Website offering the promotion or when you submit your entry.
CHANGES AND TERMINATION
“www.rudypeirce.com” are trademarks of Rudy Peirce. Other marks, graphics, typefaces, trademarks and logos appearing on the Website are trademarks or trade dress of Rudy Peirce and www.rudypeirce.com. All other trademarks appearing on the Website are property of their respective owners. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent.
LIMITATIONS ON QUANTITY
RUDY PEIRCE and www.rudypeirce.com does not offer additional discounts on large orders of a single item/service or on large orders of many individual items/services. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, www.rudypeirce.com may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if www.rudypeirce.com, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL RUDY PEIRCE and www.rudypeirce.com OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF RUDY PEIRCE and www.rudypeirce.com HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND RUDY PEIRCE and www.rudypeirce.com. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RUDY PEIRCE and www.rudypeirce.com. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Rudy Peirce and www.rudypeirce.com and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
These Terms and Conditions and any and all other legal notices or statements posted on the Website constitute the entire agreement between you and Rudy Peirce and www.rudypeirce.com, with respect to the use of the Website, including the Content.
Notices to you may be made via e-mail or regular mail, or in cases of changes to these Terms and Conditions or to the services offered by the Website, by posting notices or links to such notices on the Website itself. If you have any questions or comments regarding these Terms and Conditions, please contact us at email@example.com