Website Terms & Conditions
This
website is operated by TransFURmations. Throughout this statement and this
website, the terms “we”, “us” and “our” refer to the operator of this
website.
We offer this website, including all information, tools and
services available from this site to you, the user, conditioned upon your
acceptance of all terms, conditions, policies and notices stated here.
By
visiting our site and/or purchasing something from us, you engage in our
“Service” and agree to be bound by the following terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies
referenced herein and/or available by hyperlink. These Terms of Service apply to
all users of the site, including without limitation users who are browsers,
vendors, customers, merchants, and/ or contributors of content.
Please
read these Terms of Service carefully before accessing or using our website. By
accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement,
then you may not access the website or use any services. If these Terms of
Service are considered an offer, acceptance is expressly limited to these Terms
of Service.
Any new features or tools which are added to the current store
shall also be subject to the Terms of Service. You can review the most current
version of the Terms of Service at any time on this page. We reserve the right
to update, change or replace any part of these Terms of Service by posting
updates and/or changes to our website. It is your responsibility to check this
page periodically for changes. Your continued use of or access to the website
following the posting of any changes constitutes acceptance of those
changes.
Section 1 – General Conditions
We reserve the right to
refuse service to anyone for any reason at any time.
You understand that
your content (not including credit card information), may be transferred
unencrypted and involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices. Credit card information is not transferred to our website, but may be
transferred to a third party PCI-compliant payment processor such as PayPal,
DPS, SecurePay and others. Credit card information is always encrypted during
transfer to any payment processor.
You agree not to reproduce, duplicate,
copy, sell, resell or exploit any portion of the Service, use of the Service, or
access to the Service or any contact on the website through which the service is
provided, without express written permission by us.
You must pay all fees
and charges by the due date unless otherwise arranged.
The headings used
in this agreement are included for convenience only and will not limit or
otherwise affect these Terms.
Section 2 – Client
Responsibilities
As a client, you are responsible for ensuring that any
content uploaded or managed via our services complies with applicable laws and
regulations. You are also responsible for maintaining current and accurate
account information and contact details, ensuring compatibility of your software
and hardware with our services, and safeguarding your own backups. Failure to
meet these responsibilities may affect service provision or resolution of
issues.
Section 3 – Online Store Terms
By agreeing to these
Terms of Service, you represent that you are at least the age of majority in
your state or province of residence, or that you are the age of majority in your
state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products
for any illegal or unauthorized purpose nor may you, in the use of the Service,
violate any laws in your jurisdiction (including but not limited to copyright
laws).
You must not transmit any worms or viruses or any code of a
destructive nature.
A breach or violation of any of the Terms will result
in an immediate termination of your Services.
Section 4 – Accuracy,
Completeness and Timeliness Of Information
We are not responsible if
information made available on this site is not accurate, complete or current.
The material on this site is provided for general information only and should
not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own
risk.
This site may contain certain historical information. Historical
information, necessarily, is not current and is provided for your reference
only. We reserve the right to modify the contents of this site at any time, but
we have no obligation to update any information on our site. You agree that it
is your responsibility to monitor changes to our site.
Section 5 –
Modifications to the Service or Prices
Prices for our products and
services are subject to change without notice.
We reserve the right to
modify or discontinue the Service (or any part or content thereof) without
notice at any time.
We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the
Service.
Section 6– Products or Services (if applicable)
For
details on returns and refunds for eligible products or services, please review
our Refund Policy found elsewhere on this website. Refunds are subject to the
terms outlined in the policy and may vary depending on product or service
type.
We have made every effort to display as accurately as possible the
colors and images of our products that appear at the store. We cannot guarantee
that your computer monitor’s display of any color will be accurate.
We
reserve the right, but are not obligated, to limit the sales of our products or
Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of
any products or services that we offer. All descriptions of products or product
pricing are subject to change at anytime without notice, at the sole discretion
of us. We reserve the right to discontinue any product at any time. Any offer
for any product or service made on this site is void where prohibited.
We
do not warrant that the quality of any products, services, information, or other
material purchased or obtained by you will meet your expectations, or that any
errors in the Service will be corrected.
Section 7 – Accuracy of Billing
and Account Information
We reserve the right to refuse any order you
place with us. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include
orders placed by or under the same customer account, the same credit card,
and/or orders that use the same billing and/or shipping address. In the event
that we make a change to or cancel an order, we may attempt to notify you by
contacting the e-mail and/or billing address/phone number provided at the time
the order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers or
distributors.
You agree to provide current, complete and accurate purchase
and account information for all purchases made at our store. You agree to
promptly update your account and other information, so that we can complete your
transactions and contact you as needed.
Section 8 – Optional Tools
We may provide you with access to third-party tools over which we
neither monitor nor have any control nor input.
You acknowledge and agree
that we provide access to such tools ”as is” and “as available” without any
warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to
your use of optional third-party tools.
Any use by you of optional tools
offered through the site is entirely at your own risk and discretion and you
should ensure that you are familiar with and approve of the terms on which tools
are provided by the relevant third-party provider(s).
We may also, in the
future, offer new services and/or features through the website (including, the
release of new tools and resources). Such new features and/or services shall
also be subject to these Terms of Service.
Section 9 – Third Party Links
Certain content, products and services available via our Service may
include materials from third-parties.
Third-party links on this site may
direct you to third-party websites that are not affiliated with us. We are not
responsible for examining or evaluating the content or accuracy and we do not
warrant and will not have any liability or responsibility for any third-party
materials or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the
purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review
carefully the third-party’s policies and practices and make sure you understand
them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the
third-party.
Section 10 – User Comments, Feedback and other Submissions
If, at our request, you send certain specific submissions (for example
contest entries) or without a request from us you send creative ideas,
suggestions, proposals, plans, or other materials, whether online, by email, by
postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at
any time, without restriction, edit, copy, publish, distribute, translate and
otherwise use in any medium any comments that you forward to us. We are and
shall be under no obligation (1) to maintain any comments in confidence; (2) to
pay compensation for any comments; or (3) to respond to any comments.
We
may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening, libelous,
defamatory, pornographic, obscene or otherwise objectionable or violates any
party’s intellectual property or these Terms of Service.
You agree that
your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary
right. You further agree that your comments will not contain libelous or
otherwise unlawful, abusive or obscene material, or contain any computer virus
or other malware that could in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, pretend to be
someone other than yourself, or otherwise mislead us or third-parties as to the
origin of any comments. You are solely responsible for any comments you make and
their accuracy. We take no responsibility and assume no liability for any
comments posted by you or any third-party.
Section 11 – Personal
Information
Our Privacy Policy governs the submission and handling of
your personal information. You can review the Privacy Policy here. Please ensure
that you read and understand how your information is managed.
Section 12
– Errors, Inaccuracies and Omissions
Occasionally there may be
information on our site or in the Service that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, and to
change or update information or cancel orders if any information in the Service
or on any related website is inaccurate at any time without prior notice
(including after you have submitted your order).
We undertake no
obligation to update, amend or clarify information in the Service or on any
related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
Section
13 – Prohibited Uses
In addition to other prohibitions as set forth in
the Terms of Service, you are prohibited from using the site or its content: (a)
for any unlawful purpose; (b) to solicit others to perform or participate in any
unlawful acts; (c) to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances; (d) to infringe upon or violate
our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or
discriminate based on gender, sexual orientation, religion, ethnicity, race,
age, national origin, or disability; (f) to submit false or misleading
information; (g) to upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the functionality or
operation of the Service or of any related website, other websites, or the
Internet; (h) to collect or track the personal information of others; (i) to
spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website for
violating any of the prohibited uses.
Section 14 – Disclaimer of
Warranties, Limitation of Liability
We do not guarantee, represent or
warrant that your use of our service will be uninterrupted, timely, secure or
error-free.
We do not warrant that the results that may be obtained from
the use of the service will be accurate or reliable.
You agree that from
time to time we may remove the service for indefinite periods of time or cancel
the service at any time, without notice to you.
You expressly agree that
your use of, or inability to use, the service is at your sole risk. The service
and all products and services delivered to you through the service are (except
as expressly stated by us) provided ‘as is’ and ‘as available’ for your use,
without any representation, warranties or conditions of any kind, either express
or implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and
non-infringement.
We shall not be liable for any loss or damage, whether
direct, indirect, incidental, punitive, or consequential, arising from the use
of or reliance on third-party software, software bugs, software limitations,
hardware faults, or defects affecting the performance or availability of our
services. It is the user’s responsibility to ensure that any tools, software, or
platforms used meet their requirements.
In no case shall we, our
directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim,
or any direct, indirect, incidental, punitive, special, or consequential damages
of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise, arising
from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any
product, including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of the service
or any content (or product) posted, transmitted, or otherwise made available via
the service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for
consequential or incidental damages, in such states or jurisdictions, our
liability shall be limited to the maximum extent permitted by
law.
Section 15 – Indemnification
You agree to indemnify, defend
and hold harmless us and our parent, subsidiaries, affiliates, partners,
officers, directors, agents, contractors, licensors, service providers,
subcontractors, suppliers, interns and employees, harmless from any claim or
demand, including reasonable attorneys’ fees, made by any third-party due to or
arising out of your breach of these Terms of Service or the documents they
incorporate by reference, or your violation of any law or the rights of a
third-party.
Section 16 – Severability
In the event that any
provision of these Terms of Service is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be
deemed to be severed from these Terms of Service, such determination shall not
affect the validity and enforceability of any other remaining
provisions.
Section 17 – Termination
The obligations and
liabilities of the parties incurred prior to the termination date shall survive
the termination of this agreement for all purposes.
These Terms of
Service are effective unless and until terminated by either you or us. You may
terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site. We may terminate
these Terms of Service at any time by notifying you that we no longer wish to
provide our Services to you.
If in our sole judgment you fail, or we
suspect that you have failed, to comply with any term or provision of these
Terms of Service, we also may terminate this agreement at any time without
notice and you will remain liable for all amounts due up to and including the
date of termination; and/or accordingly may deny you access to our Services (or
any part thereof).
Section 18 – Entire Agreement
The failure of
us to exercise or enforce any right or provision of these Terms of Service shall
not constitute a waiver of such right or provision.
These Terms of
Service and any policies or operating rules posted by us on this site or in
respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions
of the Terms of Service).
Any ambiguities in the interpretation of these
Terms of Service shall not be construed against the drafting
party.
Section 19 – Governing Law
These Terms of Service and any
separate agreements whereby we provide you Services shall be governed by and
construed in accordance with the laws of the country that the operator of this
website resides in.
Section 20 – Dispute Resolution
In the event
of a dispute arising from these Terms of Service or the use of our services,
both parties agree to first attempt to resolve the issue through informal
discussions. If a resolution cannot be reached, disputes shall be submitted to
mediation or arbitration in accordance with the rules of the relevant governing
body in the jurisdiction specified above. Legal proceedings shall only be
pursued if all other methods fail.
Section 21 – Changes to Terms of
Service
You can review the most current version of the Terms of Service
at any time at this page.
We reserve the right, at our sole discretion, to
update, change or replace any part of these Terms of Service by posting updates
and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the
Service following the posting of any changes to these Terms of Service
constitutes acceptance of those changes.
Section 22 – Force Majeure
We shall not be held liable for any delay or failure in performance
caused by circumstances beyond our reasonable control, including but not limited
to acts of God, natural disasters, wars, strikes, pandemics, failures of
telecommunications or utilities, or any other event beyond our control. During
such events, we reserve the right to suspend or modify services as
needed.
Section 23 – Contact Information
Questions about the
Terms of Service should be sent to us through the contact information on this
website.