This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with unspun and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
ORDER; ACCEPTANCE; AND CANCELLATION You may make an order for products and services on this Website. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. After having received your order, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between unspun and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by emailing our Customer Service Department email@example.com.
PRICES AND PAYMENT TERMS
Prices. All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation email.
Payment Terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order and must be paid in U.S. dollars. We accept American Express, Apple Pay, Diners Club, Discover, Google Pay, JCB, Mastercard, PayPal, Shop Pay, Venmo, and Visa for all purchases. You are responsible for charges incurred by you at the posted prices, including all applicable taxes, if any.
SHIPMENTS; TITLE AND RISK OF LOSS We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
RETURNS AND REFUNDS We will accept return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 365 days of shipment. To return products, you must email our Returns Department at firstname.lastname@example.org to obtain a Return Merchandise Authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number. The terms set forth in this Section extend only to the original purchaser of products and services from the Website. It does not extend to any subsequent or other owner or transferee of the product or any transferee. We will provide a shipping label for all returned items. You bear the risk of loss during shipment.
INAPPROPRIATE AND ILLEGAL CONTENT PROHIBITED You agree not to transmit any inappropriate content on the Website including, but not limited to, libelous, defamatory, obscene, pornographic, abusive, or threatening content; content that advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; content that is misleading or not true; or advertise or otherwise solicits funds for goods or services. We may remove such content from our servers, and we may suspend or revoke your access to the Website, and we reserve the right to investigate, and seek applicable remedies for, violations of applicable law to the fullest extent of the law.
THIRD PARTY WEBSITES We have no control over third parties and make no guarantees about, and assume no responsibility for, the information or services provided by third parties. Additionally, we may provide links to third party websites and businesses and otherwise may provide information on the Website. You acknowledge and agree that we are not responsible for the accuracy, content, or functionality of services or information provided on or by such third party websites or businesses or through such information on the Website, and we do not endorse, nor assume any liability related to your use of, such websites, businesses or information in any way. Nothing on this Website shall be considered an endorsement, representation, or warranty of anything posted by other users on the Website.
PROPER USE OF THE WEBSITE You may not make the services on our Website available to, or use the services for the benefit of anyone other than yourself (or another company). Your account cannot be shared by multiple individuals. You shall not violate or attempt to violate any security features of on the Website, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the services on the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the service, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; (iv) resell the services, products or permit third parties to use the services on the Website without our prior written consent; (v) make unauthorized copies of any content relating to the services and use of the Website; and (vi) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the services on the Website.
OUR INTELLECTUAL PROPERTY
The software, including all files and content contained in the services created by unspun, and accompanying data (collectively “Our IP”) are the property of unspun or are used with permission from third parties. As part of these Terms, we grant you a nonexclusive, nontransferable, and revocable license to use Our IP solely for the purposes for which it is intended. And, specifically, you may not sell, redistribute, download, export, or reproduce Our IP in any way. You also may not decompile, reverse-engineer, disassemble, or otherwise convert Our IP without our permission. This Section does not apply to any component of Our IP that may be offered under an open source license. In the interest of clarity, this Agreement does not transfer from unspun to you any unspun or third party intellectual property. unspun, the unspun logo, the product names associated with our products and services, and all other trademarks, service marks, graphics and logos used in connection with unspun, are trademarks of unspun (or its licensors, where applicable) and no right or license is granted to you.
DISCLAIMER OF WARRANTIES; “AS IS” WE ARE MAKING THE PRODUCT, WEBSITE AND SERVICES AVAILABLE “AS IS” AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS, WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE PRODUCT, WEBSITE AND SERVICE. WE DO NOT WARRANT THAT OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITATION OF LIABILITY THE REMEDIES DESCRIBED ABOVE WITH RESPECT TO RETURNS AND REFUNDS ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY PRODUCTS PURCHASED FROM US. OUR LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR A PRODUCT OR SERVICE THAT YOU HAVE PURCHASED THROUGH THE WEBSITE, OR, IF YOU HAVE NOT PAID ANY SUCH AMOUNTS, ONE HUNDRED DOLLARS ($100). IN ANY EVENT, WE WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, IN CONNECTION WITH OR RELATING TO OUR PRODUCTS, SERVICES, THE WEBSITE OR THESE TERMS, REGARDLESS OF WHETHER OR NOT WE KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION In the event that any third party brings a claim against us related to your actions, content, information, or any other use of the product or service by you, you agree to indemnify, defend, and hold us and our agents harmless from and against any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) relating to such claim. We will notify you promptly of any such claim and will provide you with reasonable assistance, at your expense, in defending any such claim, provided, however, that our failure to so notify you shall not relieve you of your indemnity obligations, but instead shall reduce those obligations by the amount of damages or increased costs and expenses attributable to our failure to give notice. We reserve the right to approve counsel retained by you, to take control of the defense (at our expense) of any claim for which indemnity is required, and to participate in the defense of any claim (at our expense) for which indemnity is required. You may not settle any claim without our prior consent.
FORCE MAJEURE We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
GOVERNING LAW AND JURISDICTION All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.
ASSIGNMENT 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 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
NO WAIVERS The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of unspun.
NO THIRD PARTY BENEFICIARIES These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms, you must contact us as follows: (i) by sending us a message by email to email@example.com or (ii) by personal delivery, overnight courier or registered or certified mail to unspun. We may update the email address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
SEVERABILITY If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.
CONTACT US If you have any questions or comments about our product and services or these Terms, please contact us by firstname.lastname@example.org .