AGREEMENT BETWEEN USER AND iFlasks.com
Important Notice
Your use of the iFlasks.com Web site constitutes your agreement with the terms and conditions outlined below, with any other terms and conditions stated herein, and with any applicable laws. These terms are subject to change without prior notice. Buying from iFlasks.com you consent to agree to our Return Policy and Shipping Policy.
Copyright and Trademark
All contents are protected by U.S. and international copyright, © 2006 iFlasks.com. All rights reserved. All software and other technology components of this Web site are protected by U.S. and international copyright, © 1999-2008 iFlasks.com
This site may also contain trade names and trademarks of other companies that are the property of their respective owners.
Site Use
This site and its contents are provided solely for personal, noncommercial use, including the online purchase of the merchandise depicted, and for no other purpose. Any downloading or copying of the materials herein is permitted for such personal, noncommercial use only. No right, title or interest in such materials is transferred to you upon such copying or downloading, and such materials may not be transferred, linked, reproduced, retransmitted or otherwise distributed or displayed, in whole or in part.
Product Images
We have attempted to accurately depict the colors of the products offered on this site. However, because the color you see is dependent on your computer monitor, we cannot guarantee that the color you see will be accurate. The products also may appear larger or smaller than their actual size depending on your monitor. Some photographs have been enlarged to show detail.
Pricing
We make every attempt to avoid errors in pricing and product information, but we are human. If a mistake does occur, we reserve the right to correct it, and in our sole discretion, to refuse or cancel any order placed for that item at the incorrect price. All prices listed on this site are in U.S. dollars.
Links to Other Sites
iFlasks makes no representations or warranties about any other Web site you may access through this Web site. If there is a link to another Web site, such link does not constitute an endorsement of that site or the products or services contained therein and is provided solely as a convenience to you.
Disclaimer
Unless specifically noted, this site, its content or the information available on or through it is provided on an "as is" basis without warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. You acknowledge that you use this site at your own risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of this site, and that iFlasks and its affiliates and third party service providers shall not be liable for any damages special, indirect or consequential of any kind related to your use of this site.
Please note that the above disclaimer does not apply to products you may purchase through this site. Warranties and return rights concerning such products are governed by terms provided elsewhere in this site and by applicable law.
Choice of Law
If any disputes arise between us regarding your use of this Web site, such disputes shall be resolved according to the laws of the State of California.
User Communications
Any message you send to us via e-mail, postcard, letter, voice mail or other transmission relating to your use of this site, other than an actual order of merchandise, shall be and remain iFlasks property, and iFlasks shall not be limited in any way in its use, promotional, commercial or otherwise. However, we will not use your full name in any such promotional use without your permission. You agree that no such messages will violate the rights of any third party or contain any libelous or otherwise unlawful materials. We save certain messages and e-mails on file for promotional and marketing purposes, but we are not required to and do not retain every such message.
iFlasks.com does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, iFlasks.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. iFlasks.com DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. iFlask.com DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL iFlask.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF iFlasks.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNIFICATION.
You agree to indemnify, defend, and hold harmless iFlasks.com, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
APPLICABLE LAWS.
Your use of this Site shall be governed in all respects by the laws of the state of Ohio, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of iFlasks.com products) shall be in the state or federal courts located in Hamilton County, Ohio. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of iFlasks.com products) must be commenced within one (1) year after the claim or cause of action arises. iFlasks.com's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. iFlasks.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
iFlasks.com makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Ohio do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Ohio.
ARBITRATION.
By using this Site, you agree that iFlasks.com, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
GENERAL.
iFlasks.com may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.