Agreement
Access to and use of this site and the information, materials, products and services available through this site are subject to all applicable laws and regulations and to these Terms and Conditions. By accessing, browsing, and shopping at this site, you accept, without limitation or qualification, these Terms and Conditions, which form a legally binding agreement. If you do not agree, please exit this site.
These Terms and Conditions may be changed by us from time-to-time without specific notice to you. The latest Terms and Conditions will be posted on the Site, and you should always review these Terms and Conditions prior to using any of the Site to ensure that you have a current understanding of the Terms and Conditions under which you are permitted to access this Site.
ACCESS TO THIS SITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
Data Protection Consent
By agreeing to these Terms and Conditions, you agree to the terms of our Privacy Policy, which is expressly incorporated herein. Before using any of our Site, please carefully review our Privacy Policy. All personal data provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Terms of Sale
Any purchases you make on our Site will be governed by our Terms of Sale, which is expressly incorporated herein. (If one of our Site does not provide an opportunity to make a purchase, this link will be inactive for the Site.) Our Terms of Sale contain policies related to various aspects of your purchase of merchandise on our Site, such as shipping, returns, and other matters.
Ownership
Unless otherwise indicated, this Site and the design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, and other matters related to this site, including without limitation User Content as defined below (collectively, “Content”) are protected under applicable intellectual property and other proprietary laws, including without limitation those of the United States. All Content and intellectual property rights therein are the property of Aacadia LLC of businesses or the material is included with the permission of the rights owner and is protected pursuant to applicable copyright and trademark laws.
The posting of any Content on this Site does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through this site. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use these Sites and to display, print, or download portions of these Sites on a temporary basis and for your personal, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
User-Submitted Content and User Conduct
Certain sections of our Site allow users to submit or upload reviews, photographs, or other content (collectively “User Content”) to the Sites or to third party sites. Any User Content is the sole responsibility of the person who made such User Content available on this site. Under no circumstances will we be liable in any way from any User Content available on this site. Such User Content may be posted on or accessed through our Site in our sole discretion.
Since we do not control the User Content posted on this Site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of that User Content. You also agree and understand that by accessing this site, you may encounter User Content that you may consider to be objectionable. We have no responsibility for any User Content, including without limitation any errors or omissions therein. We are not liable for any loss or damage of any kind you claim was incurred as a result of the use of any User Content posted, e-mailed, transmitted or otherwise made available on this, whether by us, individual users of the site, or our third party contractors or licensors.
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and posted by individual visitors to this Site. However, by uploading, posting, transmitting or otherwise making any User Content available on or through this Site, you are granting us, and our, subsidiaries, affiliates, successors and assigns, a nonexclusive, fully-paid, perpetual, irrevocable, worldwide, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, modify, display, distribute, perform, publish, transmit, and create derivative works thereof, in any and all media or form of communication whether now existing or hereafter developed, without notification, compensation, or attribution to you, and without your consent, and the right to use the name that you submit in connection with such content, if we choose to do so.
We reserve the right at all times to disclose any User Content or information as is necessary to satisfy any law, regulation or governmental request. We also reserve the right, but do not assume the obligation, to remove any User Content, in whole or in part, without notice and for any reason, including, without limitation User Content that is objectionable or in breach of these Terms and Conditions in our sole discretion. In addition, we reserve the right, but do not assume the obligation, to terminate your access to and use of any of our Site or to censor, edit or block your transmissions thereto in our sole discretion. You agree that the exercise of us of such discretion shall not convert or transform User Content to Content owned or provided by us, and the user who made such User Content available on the Site will retain ownership thereof as described above.
It is a condition of these Terms and Conditions that you do not:
post or transmit any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, misleading, racially disparaging, or indecent User Content of any kind, including, without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
post or transmit any User Content which violates or infringes upon the rights of others, including User Content which constitutes an invasion of privacy or infringement of publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works thereof, without first obtaining permission from the owner or right holder;
post or transmit any User Content containing private information about, or any photograph depicting, an identifiable person without that person’s permission, or any User Content soliciting any personal or private information from any individual;
post or transmit any User Content which contains a virus or other harmful component; or
post or transmit any User Content which contains advertising, promotions or marketing, or which otherwise has a commercial purpose.
By providing User Content to or for any of our Site, you warrant and represent that you own or otherwise control all of the rights to the User Content that you post; that such User Content is accurate; that use of the User Content you supply does not violate these Terms and Conditions and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from User Content you supply.
Trademarks
Aacadia LLC names, logos, and all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Site, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Aacadia LLC. All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. You are not authorized to display in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured on our Site without the prior written permission of such owners. The use or misuse of trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Hyperlink Disclaimer
This Site may contain links and/or advertisements to other Web sites maintained by unrelated companies. An advertisement of, or link to, an unrelated Web site does not mean that we approve, endorse or accept any responsibility for that Web site, its content or use, or the use of products and services made available through such Web site. Such Web site is not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other Web site which you may access through this site, the content thereof, or the products and/or services made available through such Web site. If you decide to leave our Site and access these other Web sites, you do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such Web sites will apply to you while on such Web site.
Your Feedback
We welcome and encourage your comments, feedback, suggestions, and other communications regarding this Site and the information and services we make available through this Site (collectively, “Feedback”). The Feedback you provide to us through this Site will be and remain our exclusive property. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Feedback that you do not wish to assign to us.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THESE SITES OR THEIR CONTENTS, OR ANY MERCHANDISE AVAILABLE ON THE SITE. THE SITE ARE PROVIDED FOR USE “AS IS” AND ON AN “AS AVAILABLE” BASIS, AND WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE AND ANY SITE WITH WHICH THEY ARE LINKED, AND WITH RESPECT TO ALL MERCHANDISE PURCHASED ON THIS SITE. WE DO NOT WARRANT THAT THIS SITE, OUR SERVERS, OR E-MAIL SENT FROM US, OR MERCHANDISE AVAILABLE ON THE SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH THEY ARE LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
WITHOUT LIMITING THE FOREGOING, CERTAIN MERCHANDISE OFFERED ON THIS SITE MAY BE COVERED BY A PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH MERCHANDISE, AND THE LIMITATIONS AND DISCLAIMERS SET FORTH HEREIN WILL NOT LIMIT OR RESTRICT ANY WARRANTY PROVIDED BY THE MANUFACTURER OF ANY MERCHANDISE AVAILABLE FOR PURCHASE ON THESE SITES.
Exclusion of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR EMPLOYEES, AGENTS, SUPPLIERS, AND CONTRACTORS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR ANY WEB SITE WITH WHICH THEY ARE LINKED, OR ANY MERCHANDISE AVAILABLE ON THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.
OUR LIABILITY IN CONNECTION WITH A CUSTOMER’S PURCHASE IS EXPRESSLY LIMITED TO OUR RETURN POLICY SET FORTH IN OUR TERMS OF SALE, AND ALL CLAIMS FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES ARE HEREBY EXCLUDED.
These Terms and Conditions give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms and Conditions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms and Conditions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Your Obligations
In consideration of your use of the Site, if you register on our Site in order to make a purchase, receive information, or otherwise, you agree to provide true, accurate, current and complete information about yourself.
Your account, including your username and password, are personal to you and may not be used by anyone else. You are responsible for maintaining the confidentiality of your password and username and are fully responsible for all activities that occur under your password or username by you or by anyone else using your username and password, whether or not authorized by you. You agree to immediately inform us of any apparent breaches of security such as loss, theft or unauthorized disclosure or use of your username or password at the following e-mail address, and until we are so notified you will remain liable for any unauthorized use of your account:
You agree to use the Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.
You agree to indemnify, release and hold us harmless as well as our officers, directors, agents, representatives and employees from any claim, liability, loss, expense or demand, including legal fees, related to your violation of these Terms and Conditions or your access or use of this Site (including any information, materials, products or services available through this Site).
Colors
We have done our best to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Correction of Errors and Inaccuracies
The information on the Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have placed your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We apologize for any inconvenience this may cause you.
Intellectual Property Policy
We respect the intellectual property of third parties, and takes matters of alleged intellectual property infringement seriously. If you believe that your own work, or the work of a third party for whom you are authorized to act, is featured on any of the Site or has been otherwise copied or made available on the Site in a manner that constitutes copyright infringement, please send us a notice of the alleged infringement including all of the following information:
An electronic or physical signature of the intellectual property owner, or an agent authorized to act on behalf of the owner;
A description of the work that you claim has been infringed (including the URL, location on a Site, title and/or item number (if applicable) or other identifying characteristics);
Your name, company name, address, telephone number, fax number, and e-mail address (and, if you are not the owner of the intellectual property, the name of the owner);
A statement by you that you have a good-faith belief that the described use of the work is not authorized by the intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner.
Please send the notice of alleged infringement to our agent for notice of claims of intellectual property infringement by any of the following:
AACADIA, LLC, 265 Exchange Drive, Suite 205, Crystal Lake, IL 60014
Jurisdiction Limitations
All references on this Site to information, materials, products and services apply to information, materials, products and services available in the jurisdictions specified with respect to such information only, unless otherwise stated. Nothing in this Site constitutes an offer to buy or sell our products or services in any other jurisdiction.
Minors
This Site are business and commercial sites. As such, they are not intended for children or minors under the age of 13 years without the permission of a parent or guardian. In addition, you must be at least 18 years of age to make a purchase on any of our Site.
Modification and Discontinuation
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this Site (or any portion thereof) and/or the information, materials, products and/or services available through this Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this Site.
Entire Understanding
These Terms and Conditions (together with our Privacy Policy, Terms of Sale and any click-through agreements on the Site) contain the entire understanding between you and us with respect to use of this Site and no representation, statement, inducement oral or written, not contained herein shall bind any party to this Agreement.
Severability and Non-Waiver
Our failure to enforce any provision of these Terms and Conditions will not be deemed a waiver of such provision nor of the right to enforce such provision, and a waiver by us of any right under these Terms and Conditions on any occasion will not in any way constitute a waiver of such right or any other right on any other occasion. In the event any provision of these Terms and Conditions is determined to be invalid, such invalidity will not affect the validity of the remaining portions of these Terms and Conditions, and the parties will substitute for the invalid provision a provision which most closely approximates the intent and economic effect of the invalid provision. These Terms and Conditions will apply in lieu of and notwithstanding any specific legend or statement associated with any particular document or information exchanged.
Law & Jurisdiction
These Terms and Conditions shall be subject to, governed by and construed under the laws of the State of Illinois in the United States of America, without regard to conflict of law principles, except to the extent inconsistent with the EU Directive on the Protection of Consumers in Respect of Distance Contracts (the “Directive”), in which case the provisions of the Directive shall be deemed controlling. Access to, or use of, this Site or information, materials, products and/or services on these Sites may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with any applicable laws of the country from which you are accessing this Site.
You hereby consent and waive all objections to the exclusive jurisdiction of the federal and state of Illinois and venue therein to resolve any controversy or claim of whatever nature arising out of or relating to use of this Site. However, we retain the right to bring legal proceedings in any jurisdiction where we believe that infringement of this agreement is taking place or originating.
Contacting Us
If you have any questions or concerns regarding these Terms and Conditions, please contact us by telephone, email, fax or postal mail:
AACADIA, LLC
265 Exchange Drive, Suite 205, Crystal Lake, IL 60014
