Effective Date 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEB SITE. PLEASE ALSO READ OUR PRIVACY POLICY WHICH ALSO GOVERNS YOUR USE OF THIS WEB SITE.
Products,
Content and Specifications. All features, content, specifications,
products and prices of products and services described or depicted on
this Web Site are subject to change at any time without notice. All
weights, measures and similar descriptions are approximate and are
provided for convenience purposes only. We make all reasonable
efforts to accurately display the attributes of our products,
including the applicable colors; however, the actual color you see
will depend on your computer system and we cannot guarantee that your
computer will accurately display such colors. The inclusion of any
products or services in this Web Site at a particular time does not
imply or warrant that these products or services will be available at
any time. It is your responsibility to ascertain and obey all
applicable local, state, federal and international laws (including
minimum age requirements) in regard to the possession, use and sale
of any item purchased from this Web Site. By placing an order, you
represent that the products ordered will be used only in a lawful
manner.
Shipping
Limitations
When
an order is placed, it will be shipping to an address designated by
the purchaser as long as that shipping address is compliant with the
shipping restrictions contained on this Web Site. All purchases from
this Web Site are made pursuant to a shipment contract. As a result,
risk of loss and title for items purchased from this Web Site pass to
you upon delivery of the items to the carrier. You are responsible
for filing any claims with carriers for damaged and/or lost
shipments.
Accuracy
of Information
We
attempt to ensure that information on this Web Site is complete,
accurate and current. Despite our efforts, the information on this
Web Site may occasionally be inaccurate, incomplete or out of date.
We make no representation as to the completeness, accuracy or
currentness of any information on this Web Site. For example,
products included on the Web Site may be unavailable, may have
different attributes than those listed, or may actually carry a
different price than that stated on the Web Site. In addition, we may
make changes in information about price and availability without
notice. While it is our practice to confirm orders by email, the
receipt of an email order confirmation does not constitute our
acceptance of an order or our confirmation of an offer to sell a
product or service. We reserve the right, without prior notice, to
limit the order quantity on any product or service and/or to refuse
service to any customer. We also may require verification of
information prior to the acceptance and/or shipment of any order.
Use
of this Web Site
The
Web Site design and all text, graphics, information, designs, logos,
content, and other material displayed on or that can be downloaded
from this Web Site are either the property of, or used with
permission by, secretfocusstore
and
are protected by U.S. and International copyright, trademark and
other laws and may not be used except as permitted in these Terms and
Conditions or with the prior written permission of the owner of such
material. You may not modify the information or materials located on
this Web Site in any way or reproduce or publicly display, perform,
or distribute or otherwise use any such materials for any public or
commercial purpose. All software used on this site is the property of
secretfocusstore
or
our software suppliers and is protected by U.S. and International
copyright laws. Any unauthorized use of any such information or
materials may violate copyright laws, trademark laws, laws of privacy
and publicity, and other laws and regulations. You are responsible
for maintaining the confidentiality of your account information and
password and for restricting access to such information and to your
computer. You agree to accept responsibility for all activities that
occur under your account or password.
Electronic
Communications
When
you visit this site or send emails to us, you are communicating with
us electronically. You consent to receive communications from us
electronically. We will communicate with you by email or by posting
notices on this Site. You agree that all agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such communications
be in writing. You agree that we may send email to you for the
purpose of advising you of changes or additions to this site, about
any of our products or services, or for such other purposes as we
deem appropriate.
International
Access
This
Site may be accessed from countries other than the United States. If
you access and use this Site outside the United States you are
responsible for complying with your local laws and regulations.
Linking
to this Web Site
Creating
or maintaining any link from another Web site to any page on this Web
Site without our prior written permission is prohibited. Running or
displaying this Web Site or any material displayed on this Web Site
in frames or through similar means on another Web site without our
prior written permission is prohibited. Any permitted links to this
Web Site must comply with the terms and conditions of our permission
as well as all applicable laws, rule and regulations.
Inappropriate
Material
You
are prohibited from posting or transmitting any unlawful,
threatening, defamatory, libelous, obscene, pornographic or profane
material or any material that could constitute or encourage conduct
that would be considered a criminal offense or give rise to civil
liability, or otherwise violate any law. In addition to any remedies
that we may have at law or in equity, if we reasonably determine that
you have violated or are likely to violate the foregoing
prohibitions, we may take any action we reasonably deem necessary to
cure or prevent the violation, including without limitation, the
immediate removal from this Web Site of the related materials. We
will fully cooperate with any law enforcement authorities or court
order or subpoena requesting or directing us to disclose the identity
of anyone posting such materials.
User
Information
Other
than personally identifiable information, which is subject to this
Web Site’s Privacy Policy, any material, information, suggestions,
ideas, concepts, know-how, techniques, questions, comments or other
communication you transmit or post to this Web Site in any manner
(“User Communications”) is and will be considered
non-confidential and non-proprietary. We shall have no obligation to
use, return, review, or respond to any User Communications. We will
have no liability related to the content of any such User
Communications, whether or not arising under the laws of copyright,
libel, privacy, obscenity, or otherwise. We retain the right to
remove any or all User Communications that includes any material we
deem inappropriate or unacceptable.
Warranty Information
Some items on our website have a manufacturer’s warranty, which is noted in the product description. Manufacturer’s warranties are provided by the manufacturer of the product and not by secretfocusstore. The manufacturer is responsible for all warranty coverage, repair, servicing and defects. To obtain a written warranty for any of these items, send a specific written request to our Customer Service Department.
Disclaimers
YOUR
USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES
PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED “AS IS”
WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR
AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR
SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON
OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY
OF THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE
SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED
WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER
TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. ALL PRODUCTS AND
SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO
ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES,
DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE
BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH
RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR
THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT
DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE,
ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION,
NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO
WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS
WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING
EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT
PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH
PROHIBITIONS.
Limitations
of Liability
We
assume no responsibility, and shall not be liable for, any damages
to, or viruses that may infect, your computer, telecommunication
equipment, or other property caused by or arising from your access
to, use of, or browsing this Web Site or your downloading of any
materials, from this Web Site.
IN
NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS,
ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION,
PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY
FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST
PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE,
INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB
SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR
SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON
WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS
OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE
REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IN THE EVENT OF
ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR
SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY
PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR
THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS
FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES,
IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR
TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN
ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB
SITE.
Revisions
to these Terms and Conditions
We
may revise these Terms and Conditions at any time and from time to
time by updating this posting. You should visit this page from time
to time to review the then current Terms and Conditions because they
are binding on you. Certain provisions of these Terms and Conditions
may be superseded by expressly designated legal notices or terms
located on particular pages at this Web Site.
Choice
of Law; Jurisdiction
These
Terms and Conditions supersede any other agreement between you and us
to the extent necessary to resolve any inconsistency or ambiguity
between them. A printed version of these Terms and Conditions shall
be admissible in judicial and administrative proceedings based upon
or relating to these Terms and Conditions to the same extent and
subject to the same conditions as other business documents and
records originally generated and maintained in printed form.
Indemnification
You
agree to defend, indemnify and hold secretfocusstore
harmless from and against any and all claims, damages, costs and
expenses, including attorneys’ fees, arising from or related to
your use of the Site.
Termination
You
or we may suspend or terminate your account or your use of this Web
Site at any time, for any reason or for no reason. You are personally
liable for any orders that you place or charges that you incur prior
to termination. We reserve the right to change, suspend, or
discontinue all or any aspect of this Web Site at any time without
notice.
Additional
Assistance
If
you do not understand any of the foregoing Terms and Conditions or if
you have any questions or comments, we invite you to call our
Customer Service Department.