Figure Skating Dresses - Free Shipping

Legal

Terms and Conditions

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Last updated: March 11, 2024

 

  1. Scope of Terms

Welcome to www.performskatewear.com (“Perform Skatewear”, “Website” or “Site”) owned and operated by Liza Glore Designs LLC (“Company”, “We”, “Us” or “Our”) in accordance with the laws of the State of Illinois and United States of America.

 

These Terms and Conditions along with our Privacy Policy (collectively referred to as "Agreement" or “Terms”) govern your rights and obligations when you access the Website and/or purchase any products from our site.

 

Please read these Terms carefully as they constitute a legally binding agreement between you (the “Customer”, “User”, “You”, or “Your”) and the Company.

 

By accessing the Website and ordering any product through the site you agree to be bound by these Terms whether or not you create an account on the Website. If you do not agree with these Terms, please do not access the Site or order any product/s.

 

 

  1. Additional Terms

Some products and services offered by the Company through the website may have different terms and conditions than those outlined hereunder. When you make use of those products and services, you agree to abide by such additional terms. Please take note - in the event of any conflict between these terms and conditions and the provisions governing your use of a specific product or service offered by the Company, the latter terms will take precedence with respect to your use of that product or service.

 

 

  1. Definition

“Product” refers to all products listed and sold through the website including ready to wear figure skating dresses, semi-custom figure skating dresses, custom figure skating dresses, athletic wear, rhinestones, and other embellishments.

 

 

  1. Eligibility

You must be at least eighteen years of age to order a product through the Website. If you are under the age of eighteen (18), then your parent/s or legal guardian/s must enter into this agreement on your behalf. Please do not order a product through the website if you do not meet the age eligibility criteria as we cannot enter into legally binding sale agreements with people under the age of eighteen.

Where you enter into this Agreement on behalf of another individual, group or entity, you represent and warrant to the Company that you have the authority to act on behalf of that individual, group or entity and to bind the former to this Agreement.

IF YOU ARE UNDER THE AGE OF THIRTEEN YEARS, YOU MAY NOT ACCESS THIS SITE AND YOU MAY NOT UNDER ANY CIRCUMSTANCES SUBMIT YOUR PERSONAL INFORMATION THROUGH THE SITE.

 

  1. Account Setup and Safety

Although the website enables Customers to purchase products without having to register an account, creating an account enables you to keep record of all your past purchases, track your orders and facilitates future purchases.

 

When you create a Perform Skatewear account, we will request you to provide us with certain personal information. All your personal information is collected, used and shared in accordance with our Privacy Policy. Please take the time to review our privacy policy before registering an account on our website and placing your orders. When you create an account on the website, you agree to provide us with accurate and current information. In the event of any material change in your personal information, you must update your account information by visiting “My Account” page on the Website or alternatively contacting us at: liza@performskatewear.com with the words “Account details” in the subject line.

 

If we discover that you have provided us with incorrect or inaccurate information during your account registration, we reserve the right to immediately terminate your Perform Skatewear account. All accounts are offered by the Company at its sole discretion and we may refuse registration of a Customer account without providing any reason for our decision. It is solely your responsibility to protect your Account username and password. You accept that all activity under your account is your responsibility, whether or not you have authorized it and you will take all necessary steps for maintaining the confidentiality of your username and password. You are obligated to immediately notify us of any unauthorized use of your account. You hereby release the Company from any claim, loss or damage suffered by you as a result of any unauthorized access to your account.

 

 

  1. Terms of Sale

Unless expressly stated otherwise, sale of all products through the website is governed by the terms of sale as outlined herein.

 

Upon receipt of your online order, we will send you an acknowledgement email. Your order is deemed to be in the nature of an offer to purchase the product/s from our Website and our acknowledgement email does not constitute an acceptance of your offer. When we accept your offer, we will send you a confirmation email. Your order request is only deemed accepted by us after you receive the confirmation email from us. We will not process your order before sending you a confirmation email. We do not have any legal or moral obligation to accept any order and we may decline to accept an order in our sole discretion. Please note, by submitting your order through our website you are agreeing to pay for any/all products you ordered (including any taxes and shipping fees as visible at the time you placed your order).

 

Ordering custom made figure skating dresses and apparel-  Unlike ready to wear and semi-custom dresses; custom dresses and apparel are made to Customer specifications. Customers can only place their order after they receive a custom quote from the Company. To request a quote for a custom dress, please contact us by pressing the ‘custom request’ button on our website or alternatively emailing us at liza@performskatewear.com and we will contact you to discuss your specific requirements and offer you a quote. Please note that custom dresses require ongoing cooperation between the customer and our authorized Company representative to ensure the fit, fabric selection and design is to your satisfaction. We cannot be held responsible for any delays and/or failure in delivery caused as a result of your lack of cooperation or delay in communication. Although we try our best to deliver all custom orders around the estimated delivery date, you understand and agree that we are unable to offer any guarantees that your order will be ready and delivered on the estimated date. Please note that we will not accept any cancellations or offer any refunds for orders that may be delivered after the estimated delivery date. If you are concerned about our estimated delivery date please communicate your concern to us before accepting any custom quote. You will be required to pay a non-refundable deposit to confirm your custom dress order with the balance payable upon delivery. 

 

Delivery and Availability - The delivery of any/all products on the website is subject to availability. The Company does not offer any guarantees that products as listed on our website will be available at all times. If for any reason we are unable to fulfil your order, we will try to notify you via email.

 

Once your order is accepted by us, we will deliver the ordered products to the address that you provided us when you placed your order. We do not bear any cost for redelivering the product in case of bounced parcel or for any loss incurred as a result of product being left unattended where you provided an unsecure shipping address. You are hereby advised to provide us a secure shipping address where you or a person authorized by you can receive the delivery of the product.

 

The title and the risk passes to you upon delivery of the product. All orders are delivered by our preferred shipping service provider. You understand and accept that all delivery timeframes are estimates only and we do not offer any guarantees or assume any liability for any delay in delivery whatsoever.

 

Pricing and Payment - All product prices on our website as well as custom orders are quoted in USD. The Company reserves the right to change any product prices, without giving any notice to you. Please be assured that any change in product prices will not impact any confirmed orders. Although we take all reasonable care to ensure the product price as listed on the Website is correct, we cannot offer any guarantees as to the accuracy of this information. If we are of the view that the price listed on the Website was incorrect after you ordered the product, we will contact you and offer you an opportunity to place your order at the correct price.

 

We currently use secure Paypal payment gateway as well as Stripe to accept payments online. We do not hold your credit card or billing information on our records and all financial information is collected and managed by Paypal and/or Stripe Inc. By ordering a product through our Website, you further agree to abide by our payment processor’s terms and conditions. Please review Stripe’s legal policies by clicking here and Paypal’s legal agreement by clicking here.

 

It is solely your responsibility to review your order before authorizing any payments to ensure that you are ordering the right product, color and size. All cancellations, refunds and exchanges will be in accordance with the cancellation, refund and exchange policy as outlined below.

 

 

Cancellation, Returns, Exchange and Refunds Policy

  • Ready to wear dresses - You may cancel your order at any time before we dispatch the product or within 30 days of accepting delivery. Where you cancel your order before we have dispatched the product, you will qualify for Perform Skatewear credit or a full refund payable in accordance with our Refund Policy.

 

If you wish to cancel your order after delivery of the product, please contact us within 30 days from the date of delivery at liza@performskatewear.com with the word “Cancellation” in the subject line.

 

Once we receive your cancellation request, we will contact you. If the product has already been dispatched by the Company, you will be required to return the product to us within 30 days from the date of delivery. Please do not return the product before receiving a confirmation email from the Company. We are unable to offer refunds for any unapproved returns or any cancellation requests received after the 30-day period has lapsed.

 

All returns must be shipped back to our returns address as provided in the confirmation email.

 

To qualify for a refund, the returned product must satisfy all the following requirements:

 

  • The product must be unworn, unwashed, with original retail tag attached to it and in a resaleable condition,
  • Return shipment must be securely packaged to avoid any damage to the product during return shipping,
  • The return shipment must clearly state the order number

 

Please note, we reserve the right to refuse or reduce the refund amount for any returns that do not satisfy the abovementioned requirements.

 

 

  • Semi-custom dresses - You may cancel your order at any time before accepting delivery or up to 30 days after the date of delivery. Please note that we do not offer refunds for semi-custom dress orders that we have started  processing (i.e if we have started the work on your dress). Any cancellation requests received after we start processing your order will only qualify for a Perform Skatewear credit subject to the provisions of this Agreement.

 

To cancel your semi-custom dress order, please contact us at liza@performskatewear.com with the word “Cancellation” in the subject line along with your order number. We will contact you via email to confirm your request.

 

If we have already dispatched the product when we receive your cancellation request, you will be required to return the product to our return address within 30 days from the date of delivery. Please do not return the product before receiving a confirmation email from the Company. We are unable to offer Perform Skatewear credits for any unapproved returns. All confirmed returns must be shipped back to our returns address as provided in the confirmation email.

 

We will offer you a Perform Skatewear credit after we receive the returned product, provided the following requirements are met:

 

  • The product must be unworn, unwashed, with original retail tag attached to it and in resaleable condition,
  • Return shipment must be securely packaged to avoid any damage to the product during return shipping,
  • The return shipment must clearly state the order number,

 

Please note, we reserve the right to refuse Perform Skatewear credits or reduce the amount of Perform Skatewear credits for any returns that do not satisfy the abovementioned requirements. Where you qualify for Perform Skatewear credits, you must redeem the credits within six month from the date of issuance. Where you qualify for a refund we will contact you and process the refund in accordance with our refund policy as outlined in this Agreement.

 

  • Custom Orders- Includes dresses, costumes, and all apparel that are made according to specifications provided by the Customer, such as, individuals, synchronize skate teams, dance, theater, and other organizations with specific manufactured apparel requirements.  
Please note that all custom orders are considered final and you will become liable for the full and final payment for your custom orders at the time you accept delivery of the product. We do not offer any cancellations, returns, exchange or refunds for any custom orders.

 

  • Rhinestones - You may cancel your order at any time within 30 days from the date of delivery by emailing us at liza@performskatewear.com. Upon receipt of your request, we will send you a confirmation email for your cancellation request. If we have already dispatched the product, you will be required to return the product to our return address. Upon receipt of the returned product we will issue you a Perform Skatewear credit provided the returned product satisfies the following requirements:
    • The product is still in its original packaging and has not been opened or used,
    • The product has not been damaged whilst in your possession or during return shipping as a result of poor packaging. Return shipment must be securely packaged to avoid any damage to the product during return shipping,
    • The return shipment must clearly state the order number,

Please note that we reserve the right to reduce or refuse Perform Skatewear credits for returned products that do not satisfy the aforementioned requirements.

 

  • Incorrect or damaged products - Please ensure that the product you received is what you ordered and in good condition. In the unlikely event the product you received is not what you ordered or is in any way damaged at the time of receipt, we will gladly replace it for you or offer you a Perform Skatewear credit once we receive the incorrect or faulty product back from you. We will cover the two-way shipping costs for all such returns.

 

To claim an exchange or Perform Skatewear credit for incorrect or damaged products you must satisfy the following requirements:

 

  • You must notify us of the receipt of damaged or incorrect product within 24 hours from the time of delivery;
  • The product must be unworn, unwashed with original retail tag attached to it in resaleable condition,
  • Return shipment must be securely packaged to avoid any damage to the product during return shipping,
  • The return shipment must clearly state the order number

 

Please note that we reserve the right to refuse any refunds or Perform Skatewear credits if our inspection of the returned product reveals that the product was damaged whilst in your possession.  For the purposes of this provision, incorrect delivery does not refer to any minor variations in colour which may vary slightly based on different digital screens and studio lighting during product shoots.

 

  • Refunds - Where you qualify for a full or partial refund, we will process the refund within 14 days of the receipt of the returned product. All refunds are processed using the same payment method that you used to purchase the product and made to the person who made the original payment. As we rely upon our Payment Processor to process refunds, we cannot offer you any guarantees as to the exact date and time for refunds reaching your account.

 

 

  1. Product Warranty

We offer a 30 day workmanship warranty on all dresses for any faults (product warranty). The product warranty is only available to the customer who originally ordered the product from the Website. This product warranty entitles the customer the right to free repair or replacement (decided by the Company based on the fault) within the applicable warranty period. Please note that product warranty does not cover any style and size alteration requests.

 

The warranty period begins from the date of delivery and is only valid for the 30 day period. We do not offer any other warranties. Please note that shipping costs for returns and replacements of the product under warranty are borne by the customer. If you wish to claim a warranty you must notify the Company of any defects or faults within 2 days from the date when the issue first arose and before the expiration of the warranty period. All claims received after the expiration of the warranty period will be disregarded.

 

To claim the product warranty, the customer will be required to provide us the following information:

 

  • Proof of purchase / order number;
  • A detailed description of the fault/defect;
  • What caused the fault/defect;
  • Date when you first observed the fault/defect

 

In certain circumstances we may require you to send us clear pictures of the defect / issue to enable us to assist you with your claim before you can send the product to our returns address. Where we decide to replace the item, we do not represent or warrant that the product will be replaced for an identical product. Please note that all repaired and replaced products are covered by the same warranty as the product being repaired/replaced.  Where we are unable to repair or replace the product under warranty, we will offer you a full or partial refund in accordance with this Agreement.

 

 

  1. Local and International Orders

The Company currently uses third-party shipping company for shipping products to locations listed on the website. Unless expressly stated otherwise all shipping costs are borne by the User who places the order. Users are able to view the full product price including any applicable taxes and shipping fees before they confirm their order. It is solely your responsibility to review your order before authorizing any payments to ensure that you agree with all costs and charges.

 

  1. Account Termination

If you wish to terminate your Perform Skatewear account, please send us an email at liza@performskatewear.com and we will delete your account.

 

Once your account is deleted, you will no longer be able to log into your account  using your login credentials and/or access any content stored under your account including your past orders.

 

The Company reserves the right to suspend or terminate your account at any time without incurring any liability if we have a reason to believe that:

 

  • You have violated any provisions of this Agreement;
  • Your conduct is harmful to the Company or any of its Users; or
  • We cease our business operations for any reason.

 

 

  1. Perform Skatewear Credits

Redeeming Perform Skatewear Credits – You can only redeem Perform Skatewear for purchasing products offered by the Company through its website at www.PerformSkatewear.com. In the event a product price exceeds or is below the amount of Perform Skatewear Credits you have available, you may become liable or entitled to settle the balance with the Company. PLEASE NOTE THAT YOUR PERFORM SKATEWEAR CREDITS MAY EXPIRE ON THE DATE SPECIFIED BY THE COMPANY.

 

Limitations on use – You may not:

 

  • redeem your Perform Skatewear Credit for cash-back,
  • sell your Perform Skatewear Credits to a third-party,
  • transfer your Perform Skatewear Credits to a third-party,
  • return your Perform Skatewear Credits and/or request refund.

 

You may not use Perform Skatewear Credits for any commercial purposes including but not limited to marketing, advertising or promoting through any third-party digital or print media without the express written consent of the Company. You may not use Perform Skatewear Credits in any manner that implies that the Company endorses or sponsors any person, business product or service without our express consent.

 

 

  1. User Conduct

You agree that you will not:

  • Provide any false information to us during account registration or when placing an order through the website;

 

  • Reformat or frame any portion of the website without express written consent of the Company;

 

  • Create user accounts by automated means or under false or fraudulent pretences;

 

  • Post any content that may be potentially or actually harmful to the Company or any User;

 

  • Post any content or information that is false, inaccurate, misleading or deceptive in nature;

 

  • Take any action that may lead to violation of any applicable laws or regulation;

 

  • Post any content that may be deemed defamatory, libellous, threatening or harassing;

 

  • Post any content that is obscene or contain any material, that we may in our sole discretion deem inappropriate or unlawful;

 

  • Intentionally or unintentionally cause harm or subvert the function of the Website by introducing any viruses or other computer programming routines that may damage, modify, delete or interfere with any system, data or personal information stored on the Website;

 

 

  1. Intellectual Property

Unless expressly stated otherwise, all content available on the Website including without limitation, the text, graphics, logos, trademarks, audio, video, interactive features, software and the like (“Company Content”) are owned by and/or licensed to the Company by our licensors and subject to trademark, copyright and other intellectual property laws and international conventions. All Company Content is provided to you for your personal and noncommercial use only. Any act of copying, selling, reproducing, republishing, modifying, distributing and creating derivative work of any Company Content without our express written consent will constitute an infringement of our intellectual property rights.

 

You agree that you will not remove any copyright, trademarks and any proprietary notices from any Company Content that you do not have rights and licences to use. You understand that any use of Company Content on any website, system or application that is not owned and operated by us is strictly prohibited.

 

 

  1. User Generated Content

User Generated Content refers to any and all content posted or shared on the Website by our Users.

 

User Generated Content includes but is not limited to User profile, images, text posted in any public area of the Website including product ratings and reviews.

 

We do not claim ownership of any User Generated Content, but you do acknowledge that any User Generated Content that you post/submit in public area of the Website is accessible and will be viewed by other web Users. By posting, submitting or contributing text comments, images, rating and reviews on the website, you represent and warrant to us that you have the intellectual property rights and authority to submit such content and that such submission is not contravening anyone’s existing legal rights and/or your obligations towards any third-party. You further grant the Company and its authorized personnel the right to identify you as the author / creator of such User Generated Content by name, username, or email address where appropriate and/or required by law.

 

Where you share / post any content in a public area of the website, you grant us irrevocable, royalty-free and fully paid, nonexclusive worldwide license to use, distribute, reproduce, modify, adapt, publish, display or share your User Generated Content for any marketing, promotional or other business purposes of the Company. You hereby waive any claims to future compensation arising from the Company’s use of your User Generated Content as outlined in this Agreement.

 

 

  1. Use of third-party applications

You understand and agree that Perform Skatewear makes use of third party services (“third-party applications”) to render its services to you. These applications are owned or licensed to, and operated by: The Rocket Science Group, LLC, d/b/a MailChimp, Paypal, Stripe, Inc and Shopify, Inc hereinafter referred to as “Third Party Service Providers”. These Third Party Service Providers have their own terms and conditions and privacy policy that govern the use of such third-party applications and the service that they provide. When you use Perform Skatewear website and order any products through our site, you also agree to abide by the legal terms including but not limited to privacy policies, disclaimers, warranties and limitation of liability of such Third Party Service Providers. You acknowledge and agree that these Third Party Service Providers may change their legal terms or discontinue/modify their services at any time without providing any notice to you. You understand that Perform Skatewear’s use of these Third Party Service Providers does not constitute an endorsement or assumption of liability for their conduct. Your use of such Third Party Applications is at your own risk and you hereby release the Company and the Third Party Service Providers from any and all claims, actions and liability arising from or associated with your use of such Third Party Applications and services made available through Perform Skatewear.

 

 

  1. Modifications

The Company reserves the right to introduce any new features and functionality, amend any provision of this Agreement as well as the right to discontinue the Website in our sole discretion. Any changes in features and functionality of the Website will become effective from the date of implementation. Where we make any amendments to this Agreement, we will notify you by updating the last updated date on the top of this Agreement. Please take the time to review these terms regularly to familiarise yourself of any material changes. You release the Company of any liability arising from your failure to review such modified Terms.

 

 

  1. Disputes Resolution

In the event of any dispute, the Customer and the Company agree to take all reasonable steps for amicable resolution of such dispute. Customer agrees to provide a written summary of the dispute to the Company as soon as the dispute arise along with Customer’s proposed resolution. The Company agrees to respond to the dispute within twenty five (25) days from the date of receipt of dispute summary and either agree to the proposed resolution or propose an alternative resolution in writing to the Customer. If the Customer is satisfied with Company’s proposed resolution, the agreement must be communicated to the Company within seven (7) days from the date of receipt of Company’s response. The Company’s written response shall be deemed in the nature of settlement discussion and shall not be admissible in any further proceeding. If the Customer and the Company are unable to resolve the dispute, they may seek alternative legal remedies in accordance with this Agreement.

 

 

  1. Information Disclaimer

ALL INFORMATION/CONTENT AVAILABLE ON THE WEBSITE IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY. THE COMPANY MAKES NO CLAIMS OR REPRESENTATION AS TO ANY SPECIFIC RESULTS THAT MAY BE ACHIEVED THROUGH THE USE OF THE PRODUCTS.

 

ALTHOUGH WE TAKE ALL REASONABLE STEPS TO ENSURE THAT ALL INFORMATION ON THE SITE IS ACCURATE, WE ARE UNABLE TO OFFER ANY GUARANTEES AS TO THE ACCURACY OF ANY INFORMATION. ACCORDINGLY, ANY DECISION YOU TAKE BASED ON ANY INFORMATION / CONTENT YOU RECEIVE THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.

 

ALL PRODUCT IMAGES ON THE WEBSITE ARE FOR ILLUSTRATIVE PURPOSES ONLY. WHEREVER POSSIBLE WE WILL DISPLAY THE ACTUAL SIZE OF THE PRODUCT. IF YOU HAVE ANY PRODUCT RELATED QUERIES PLEASE CONTACT US AT LIZA@PERFORMSKATEWEAR.COM  BEFORE PLACING YOUR ORDER AND MAKING THE PAYMENT.

 

 

  1. Disclaimer of Warranties and Liabilities

THE WEBSITE AND ALL PRODUCTS ARE PROVIDED BY THE COMPANY TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE NEITHER REPRESENT NOR WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE AND THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT RESTS WITH YOU. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, ACCURACY, TITLE AND NON-INFRINGEMENT.

 

THE COMPANY EXPRESSLY DISCLAIMS LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR HARM SUFFERED BY YOU AS A RESULT OF THE USE OF PRODUCT INCLUDING BUT NOT LIMITED TO LOSS ARISING FROM OR ASSOCIATED WITH ANY INCIDENT OF DRESS FAILURE DURING A COMPETITION. YOU UNDERSTAND AND AGREE THAT YOUR DECISION TO USE THE WEBSITE AND PRODUCTS ORDERED THROUGH THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.

 

 

  1. Limitation of Liability

IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND ANY LIABILITY THAT WE DO HAVE FOR LOSSES YOU SUFFER ARISING FROM ANY CONTRACT SHALL NOT EXCEED ONE HUNDRED USD, AND IS STRICTLY LIMITED TO LOSSES THAT WERE REASONABLY FORESEEABLE. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER ANY CONTRACT THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.

 

THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW REGARDLESS OF WHETHER THE DAMAGE AROSE FROM BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.

 

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND IN THAT EVENT THE TOTAL LIABILITY OF THE COMPANY TO YOU FOR ANY DAMAGE OR LOSS SUFFERED BY YOU SHALL NOT EXCEED FIFTY USD.

 

PLEASE NOTE THAT THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCTS SOLD THROUGH THE WEBSITE OTHER THAN THOSE EXPRESSLY CONTAINED HEREIN. THE COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

 

  1. Governing Law

This Agreement shall be governed and construed by the laws of the State of Illinois, U.S.A without giving effect to any principles of conflict of laws. The User and the Company both agree to bring any action or claim arising out of or related to this Agreement in the court of law with appropriate jurisdiction to rule upon the matter located in the State of Illinois.

 

 

  1. Severability

If applicable law finds any provision of this Agreement to be unlawful, void, or for any reason unenforceable, then such provision will only be limited to the minimum extent necessary and such limitation will not impact the validity and enforceability of the remainder of this Agreement.

 

 

  1. Assignment

The Company reserves the right to assign any of its rights and obligations to any person in its sole discretion and without notice to the User. Users may not assign or otherwise transfer any of their rights under these Terms to any other party without the express written consent of the Company.

 

 

  1. Force Majeure

Neither the Company nor the User will be held liable for failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.