Last Modified: 6/12/2017
2. Use of the Websites.
2.1 You certify that the information you provide on the Websites is accurate and complete. You will be responsible for the confidentiality of your password and for all statements made and acts or omissions that occur on your account. If you believe someone has used your password or account without your authorization, you must notify 850Genesis immediately. Your account may also be restricted or terminated for any reason, at our sole discretion. We may also change, restrict access to, suspend, or discontinue the Websites, or any portion of the Websites, at any time without notice.
2.2 We sell products for children’s use; however, these products are intended for selling to adults. If you are under the age of majority in your jurisdiction, you may use the Websites only with involvement of a parent or guardian. Individuals may use the Websites to create gift or wish lists for individuals, including children under the age of 13 by making product selections for the child; additional personally identifiable information about the child should not be provided.
2.3 It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any item purchased from the Websites. By placing an order, you represent that the products ordered will be used only in a lawful manner.
2.4 You are prohibited from:
- (a) violating or attempting to violate the security of the Websites;
- (b) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Websites; or
- (c) using or attempting to use any engine, software, tool, agent or other device or mechanism (except the search mechanisms provided by 850Genesis or other third party web browsers) to navigate or search the Websites.
3. Content Submission.
3.1 850Genesis allows users to submit and share comments, feedback, submissions, suggestions, questions, reviews, and other content through the Websites (“Content”).
3.2 By submitting Content, you warrant that (a) you are the sole author and owner of the Content; (b) you are at least 18 years old or if you are under the age of 18, you are at least 13 years old and your submission has been made under the supervision of a parent of legal guardian who agrees to be bound by this Agreement; and (c) use of any Content you supply will not violate any term of this Agreement and will not cause injury to any person or entity.
3.3 On submitting Content to the Websites, you thereby grant, or warrant that the owner of such Content has expressly granted 850Genesis, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. 850Genesis may sublicense its rights under this Section 3.3 through multiple tiers of sublicenses. You should not submit any Content to us that you cannot or do not wish to license to us under this Section 3.3. 850Genesis is and will be under no obligation (a) to maintain any Content in confidence; (b) to pay any compensation for any Content; or (c) to respond to any user Content. You grant 850Genesis the right to use the name that you submit in connection with any Content.
3.4 You represent and warrant that you will not submit the following Content:
- (a) Content that is false, inaccurate, or misleading;
- (b) Content that contains your full name(s), or any other confidential identifiable information of yourself or others;
- (c) Content that violates any local, state, federal, or international laws;
- (d) Content that infringes on the rights of others, including patents, copyrights, trademarks, trade secrets, publicity or privacy rights;
- (e) Content that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity;
- (f) Advertisements, solicitations or spam links to other web sites or individuals, without prior written permission from 850Genesis in its sole and absolute discretion;
- (g) Chain letters or pyramid schemes;
- (h) Content that impersonates another business, person or entity, including 850Genesis, its affiliates, employees and agents;
- (i) Content that contains viruses or other harmful computer code;
- (j) Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- (k) Content that you were compensated or granted any compensation by any third party to submit to the Websites unless except with the prior written consent of 850Genesis in its sole and absolute discretion; or
- (l) Content that violates any policy posted on the Websites, or interferes with the use of the Websites by others.
3.5 Although 850Genesis cannot monitor all Content, you understand that 850Genesis will have the right, but not the obligation, to monitor the Content of the Websites to determine compliance with this Agreement and any other operating rules that may be established by 850Genesis from time to time. 850Genesis will have the right, in its sole discretion, to edit, move, delete, or refuse to post any Content submitted, to or posted on, the Websites for any reason, including violation of this Agreement. Notwithstanding this right of ours, you are solely responsible for any Content you submit and you agree to indemnify 850Genesis and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to any Content you submit.
4. Third Party Sites and Retailers.
4.1 References on Websites to any names, marks, products, or services of third parties, or links to third-party sites or information are not an endorsement, sponsorship, or recommendation of the third party, its information, products, or services. 850Genesis is not responsible for the content of any third party linked site or any link contained in a linked site. Your use of a third-party site linked from a 850Genesis Site is at your own risk and will be governed by such third party’s terms and policies.
5. Order Acceptance; Billing; Auto-Renewal.
5.1 All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of this Agreement and may result in order cancellation. Before accepting an order we may also request additional information from you. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or credit and fraud avoidance concerns. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other payment account, as applicable) in the amount of the charge. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. 850Genesis may request a pre-authorization for some orders placed online with a credit or debit card. This pre-authorization will not be billed to you; however, your card issuer may hold this amount for a short period. Your card issuer determines the length of time the pre-authorization is held. We do this to ensure that the card details are still valid and that you have sufficient funds to complete the transaction.
5.2 By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s).
5.3 850Genesis reserves the right to limit the quantity of items purchased per person, per household or per order for any reason. These restrictions may apply to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address. 850Genesis also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers. For purposes of this Agreement, reselling will be defined as purchasing or intending to purchase any product(s) from 850Genesis for the purpose of engaging in a commercial sale of that same product(s) with a third party.
5.4 Certain Websites may offer subscription services. If you sign up for one of these services, you agree that until and unless you terminate that service, you will be billed on an automatically recurring basis to prevent any disruption to that service, using the payment method information provided to us.
6. Pricing Information.
850Genesis cannot confirm the price of an item until after your order is placed. Pricing errors may occur on the Websites. 850Genesis reserves the right to cancel any orders containing pricing errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from 850Genesis. 850Genesis may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Listed prices do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to your order as a separate charge to be paid by you.
7. Promotional Codes.
Promotional codes are limited in nature and may expire or discontinue with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise offered. They are not redeemable for cash and are subject to cancellation or change at any time for any reason.
8. Shipping And Delivery.
Delivery of items purchased from the Websites to addresses outside the United States is limited. Some items also have restricted delivery within the United States. Delivery times are determined based on the method of shipping chosen when items are purchased and the destination of the items. We make no warranty that any item will be delivered at any time. Our only obligation is to ship the item in the manner you have requested. All purchases are made pursuant to a shipment contract. This means that the risk of loss and title for the purchased items pass to you upon our delivery to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. We do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, we do not take title to the refunded item. Orders cannot be cancelled after they have shipped. You may return or exchange a product purchased from the Websites in accordance with our return and exchange policy found at http://blog.patpat.com/?view=change-and-return/. Certain jurisdictions may provide additional statutory rights. Nothing in this Section 8 is meant to limit your return or cancellation rights under local law that cannot be varied by agreement.
9. Information Provided on the Websites.
850Genesis and our customers post a variety of material on the Websites including merchandise information, product descriptions, reviews and comments (collectively, “Materials”). The Materials that appear on the Websites are for educational and informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you have found on the Websites, you should confirm any facts that are important to your decision. 850Genesis and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness, or completeness of the Materials. 850Genesis is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. Product information contained on the Websites may be different from information contained on the product materials due to manufacturer changes. If you find a product is not as described, your sole remedy is to return it in unused condition (excluding products that are not eligible for return). We have made significant efforts to accurately display the colors of products that appear on the Websites. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will accurately reflect actual product color or finish. The information contained in the Websites is provided for informational purposes only and is not meant to substitute for the advice provided by your doctor or other health care professional. You should not use the information available on or through the Websites (including information that may be provided on the Websites by healthcare or nutrition professionals employed by or contracting with us) for diagnosing or treating a health problem or disease, or prescribing any medication. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use. 850GENESIS, ITS AFFILIATES, AND AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE MATERIALS LOCATED ON ANY OF THE WEBSITES.
10. Export Policy.
You acknowledge that some goods licensed or sold on the Websites are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received and agree to comply with all applicable laws. By purchasing, downloading or using technology or software from the Websites, you agree to abide by the applicable laws, rules and regulations and you agree, represent and warrant that no 850Genesis Materials will be accessed from, downloaded in, released in, carried to transferred to, transshipped through, exported to, or re-exported to any restricted territory (or national resident thereof), any person, entity or organization on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List, or otherwise in violation of law.
11. Intellectual Property.
11.1 All copyrights, trademarks, trade dress, other intellectual property and materials, including page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials (collectively, the “IP”) are owned, controlled or licensed by 850Genesis, one of its affiliates or by third parties who have licensed their materials to 850Genesis and are protected by U.S. and international trademark and copyright laws. You may access, view, download, and print the IP and all other materials displayed on the Websites for your personal, non-commercial use as a shopping resource on the Websites only; provided, however, that you (a) retain all copyright, trademark or other proprietary designations contained on all IP; (b) do not modify or alter the IP in any way; and (c) do not provide or make available the IP to any third party in a commercial manner. No license, right, title, or interest in any materials or software is transferred to you as a result of your use of the Websites or your accessing, viewing, downloading, or printing of the IP. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the IP, the Websites or any related software. All software used on the Websites is the property of 850Genesis or its suppliers and protected by U.S. and international copyright laws, trade secret laws and other legal rights. The IP and software on the Websites may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the IP on this Site is strictly prohibited. The compilation (meaning the collection, arrangement, and assembly) of all IP on the Websites is the exclusive property of 850Genesis and is also protected by U.S. and international copyright laws.
11.2 850GENESIS, 850GENESIS.COM and all 850Genesis names and logos, and all other graphics, logos, page headers, button icons, scripts, and service names included in or made available through any of the Websites are trademarks or trade dress of 850Genesis in the U.S. and other countries. All other marks appearing on the Websites are the property of their respective owners.
You agree to defend, indemnify, and hold harmless 850Genesis and its affiliates, officers, employees, agents, suppliers or licensors from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, arising from or related to your use of the Websites or any breach by you of this Agreement or applicable law.
This Agreement is effective unless and until terminated by either you or 850Genesis. You may terminate this Agreement at any time, provided that you discontinue any further use of the Websites. 850Genesis also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Websites in 850Genesis’ sole and absolute discretion. Provisions of this Agreement that, by their nature, apply after termination of this Agreement, will survive termination, including Sections 3, 9 – 19, 21 and 22.
THE 850 GENESIS SITES ARE IS PROVIDED BY 850GENESIS ON AN “AS IS” AND “AS AVAILABLE” BASIS. 850GENESIS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITES. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, 850GENESIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, 850GENESIS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THE WEBSITES. NO WARRANTY IS MADE REGARDING THE RESULTS OF USE OF THE WEBSITES, OR THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS IN THE WEBSITES WILL BE CORRECTED, OR THAT THE WEBSITES’ FUNCTIONALITY WILL MEET ANY REQUIREMENTS. YOU ARE RESPONSIBLE FOR AND MUST PROVIDE ALL HARDWARE, SOFTWARE, SERVICES AND OTHER COMPONENTS NECESSARY TO ACCESS THE WEBSITES. 850GENESIS MAKES NO REPRESENTATIONS, WARRANTIES, OR ASSURANCES THAT YOUR HARDWARE, SOFTWARE AND OTHER SERVICES AND SYSTEMS WILL BE COMPATIBLE WITH THE WEBSITES. 850GENESIS WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO THE WEBSITES. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITES, THAT YOUR USE OF THE WEBSITES IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO NOT ALLOW SUCH DISCLAIMERS, SO SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
16. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, WILL 850GENESIS OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEBSITES, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF 850GENESIS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT WILL 850GENESIS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEBSITES DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
17. Take Down Procedure.
If any person believes that person’s intellectual property rights have been infringed by someone else on the Websites, that person may contact us by e mailing the following information to us:
- (a) a description of the intellectual property rights and an explanation as to how they have been infringed;
- (b) a description of where the infringing material is located;
- (c) the complaining person’s address, phone number and email address;
- (d) a statement by the complaining person, made under penalty of perjury, that (i) the complaining person has a good-faith belief that the disputed use of material in which that person owns Intellectual Property Rights is not authorized, and (ii) the information provided is accurate, correct, and that the complaining person is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- (e) a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.
The address for submitting a complaint pursuant to this Section 17 and our address for any notices under this Agreement is as follows:
1659 Hunt Club St.
Fort Walton Beach FL, 32547
18. Governing Law, Arbitration.
Any disputes between the parties arising out of or relating to the Agreement (“Disputes”) will be governed by the Federal Arbitration Act, applicable federal law and Florida law regardless of your location and notwithstanding of any conflicts of law principles. Except for Disputes relating to intellectual property rights, any Disputes will be resolved exclusively by final and binding arbitration under the rules and auspices of the American Arbitration Association, in English, with a written decision stating legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses. Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction. If there is more than one Dispute between the parties, all such Disputes may be heard in a single arbitration under this Section 18. Except to the extent required by applicable law that cannot be waived or modified by this Agreement, Disputes under this Agreement may not be consolidated into a single arbitration proceeding with disputes between the Company and other persons, even if those disputes are governed by an arbitration proceeding similar or identical to this Section 18 and even those other persons are similarly situated and their disputes are similar or identical in the nature to a Dispute under this Agreement. Any arbitration hearings or conferences pursuant to this Section 18 will be conducted exclusively by means of conference telephone or other communications technology, as reasonably determined by the arbitrator, by means of which all persons participating in those hearings or conferences can hear each other, and neither the parties, the arbitrator or any attorneys, witnesses or other representatives of the parties will be required to be physically present in any particular place for purposes of any hearing or conference.
You will not assign, transfer or delegate its rights or obligations under this Agreement to any third party without 850Genesis’ prior written consent. For the purposes of this Agreement, any sale or transfer by you of all or substantially all of its stock or assets or by merger or otherwise by operation of law is considered an assignment, requiring 850Genesis’s express written consent. 850Genesis may freely assign this Agreement or transfer any of its interest herein, including to any 850Genesis affiliate, to a purchaser of all or substantially all of 850Genesis’ assets, and to a successor in interest of 850Genesis as part of a corporate reorganization, consolidation or merger. This Agreement and each of the provisions hereof will inure to the benefit of and be binding on each party’s successors, administrators and permitted assigns.
850Genesis may revise this Agreement from time to time and the most current version will always be posted on the Websites. If a revision, in our sole discretion, is material, 850Genesis may, but have no obligation to, notify you, including by postings to relevant 850Genesis blogs, so please check those pages regularly. By continuing to access or use the Websites after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must cease using the Websites and terminate your account using the process provided on the Websites for terminating a customer account.
21. Definitions and Construction.
Capitalized terms in this Agreement have the meanings indicated in this Agreement unless the context otherwise requires, which meaning will be equally applicable to both the singular and plural forms of those terms. In this Agreement, unless a clear contrary intention appears (a) ”Section” refers to sections of this Agreement; (b) ”including” (and with correlative meaning “include”) means including without limiting the generality of any description preceding such term, and (c) any reference to a consent, determination or other exercise of discretion by 850Genesis, unless expressly provided to the contrary, means a determination or exercise of discretion in 850Genesis’ sole and absolute discretion