Terms of service

Terms and Conditions These Terms and Conditions ("Terms") are entered into by and between you and The Best Accessory. In consideration of your use of this Internet site or The Best Accessory’s mobile services, The Best Accessory’s telephone ordering and voice response unit services, The Best Accessory’s software applications (i.e., widgets) downloaded to your desktop or other device, and other websites and services on which these Terms are posted or expressly referenced, including those of companies The Best Accessory owns (collectively, "The Best Accessory Services"), and the promises and obligations herein, and intending to be legally bound, you and The Best Accessory hereby agree as follows: Your use of the The Best Accessory Services is subject to these Terms, which incorporate the separately posted Privacy Policy. If any of the The Best Accessory Services, such as The Best Accessory’s widgets or The Best Accessory’s website, set forth separate or additional terms and conditions of use, privacy statement, or other policy ("Separate Terms"), then those Separate Terms as modified from time to time shall apply in connection with your use of that The Best Accessory Service. To the extent there is a direct conflict between such Separate Terms and these Terms, the Separate Terms shall govern. BY USING THE THE BEST ACCESSORY SERVICES, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms or policies, do not use the The Best Accessory Services. These Terms only govern your use of websites or services of The Best Accessory and companies that The Best Accessory owns. These Terms do not govern your use of any websites or services of any of The Best Accessory’s other affiliates. Among other things, the The Best Accessory Services provide information concerning various products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided by the The Best Accessory Services in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within or feature offered by the The Best Accessory Services contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall govern. Compliance with Laws You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the The Best Accessory Services and your purchase of products or services through them. You must be at least 18 years old to use the The Best Accessory Services. Electronic Communications When you visit the Sites or send e-mails or other electronic communications to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically. We will communicate with you by e-mail or other electronic communications 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. Content The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by The Best Accessory on or through the The Best Accessory Services, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content". The Content may contain errors, omissions, or typographical errors or may be out of date. The Best Accessory may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on The Best Accessory in any way except to the extent it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by The Best Accessory or by third parties that have licensed their use to The Best Accessory. You may view and use the Content only for your personal information and for shopping and ordering on or through the The Best Accessory Services, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, The Best Accessory does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the The Best Accessory Services, including without limitation by transferring, downloading, or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by The Best Accessory, is strictly prohibited. Notice and Procedure for Making Claims of Intellectual Property Infringement If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated, please provide the The Best Accessory copyright agent the written information specified below: • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; • A description of the copyrighted work or other intellectual property that you claim has been infringed; • A description of where the material that you claim is infringing is located on a The Best Accessory website, including the The Best Accessory item number, if applicable; • Your address, telephone number, facsimile number, and email address; • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; • A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner. The The Best Accessory Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows: E-mail: thebestaccessory1@gmail.com Meriden, CT 06450 We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of The Best Accessory or others. License and Site Access The Best Accessory grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of The Best Accessory. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of The Best Accessory. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of The Best Accessory without our express written consent. You may not use any meta tags or any other "hidden text" utilizing The Best Accessory’s name or trademarks without the express written consent of The Best Accessory. Any unauthorized use terminates the permission or license granted by The Best Accessory. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil and/or criminal penalties. Monitoring The Best Accessory shall have the right, but not the obligation, to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with these Terms and any operating rules established by The Best Accessory, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, The Best Accessory shall have the right, but not the obligation, to remove any material that The Best Accessory, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following: • Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability; • Personal attacks - language that is threatening, intimidating, defamatory, libelous, or encourages others to cause injury or property damage to any person; • Invasion of privacy - phone numbers, email addresses, physical addresses or other personal information; • Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers; • Advertising - solicitations of any kind, all spam including comments or links that are repeatedly posted; or • Copyright/Plagiarism - comments that appear to violate copyright laws. Linked Third Party Sites Links to other Internet sites operated by third parties, including The Best Accessory vendors, do not constitute sponsorship, endorsement, or approval by The Best Accessory of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by The Best Accessory, and The Best Accessory is not responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk. Prices; Orders All prices displayed in the The Best Accessory Services are quoted in U.S. dollars. The Best Accessory may restrict delivery to addresses within the United States. The Best Accessory will add shipping and handling fees and applicable sales/use tax. The Best Accessory reserves the right without prior notice to discontinue or change specifications and prices on products and services offered through the The Best Accessory Services without incurring any obligation to you. Products and services offered on this site are available while supplies last. Descriptions of, or references to, products or services offered by the The Best Accessory Services do not imply endorsement of that product or service, or constitute a warranty, by The Best Accessory. The receipt by you of an order confirmation does not constitute The Best Accessory’s acceptance of an order. Prior to The Best Accessory’s acceptance of an order, verification of information and approval of the order may be required. The Best Accessory reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from The Best Accessory, for any reason. The Best Accessory reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. The websites of The Best Accessory and companies The Best Accessory owns may be accessed from countries other than the United States. The Sites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use any of our websites outside the United States you are responsible for complying with your local laws and regulations. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, The Best Accessory shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, The Best Accessory shall promptly issue a credit to your credit card account in the amount of the incorrect price. The risk of loss and title for all products purchased by you and shipped by The Best Accessory pass to you upon The Best Accessory’s delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of The Best Accessory’s vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment. Disclaimer and Limitation of Liability as to the The Best Accessory.com Site and Content THE BEST ACCESSORY MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE THE BEST ACCESSORY SERVICES OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. THE BEST ACCESSORY ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE THE BEST ACCESSORY SERVICES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE THE BEST ACCESSORY SERVICES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH THE THE BEST ACCESSORY SERVICES IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE THE BEST ACCESSORY SERVICES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL THE BEST ACCESSORY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE THE BEST ACCESSORY SERVICES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF THE BEST ACCESSORY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION PROHIBITS THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS, IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY THE JURISDICTION. Disclaimer and Limitation of Liability as to Products and Services The Best Accessory wants you to be completely satisfied with your purchase through the The Best Accessory Services. If for any reason you are not entirely pleased with a product you purchased through the The Best Accessory Services, simply return it within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product. The Best Accessory attempts to be as accurate as possible. However, The Best Accessory does not warrant that content of the Sites is accurate, complete, reliable, current, or error-free. ALL PRODUCTS AND SERVICES SOLD BY THE BEST ACCESSORY ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, THE BEST ACCESSORY MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, THE BEST ACCESSORY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD THROUGH THE THE BEST ACCESSORY SERVICES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. UNDER NO CIRCUMSTANCES SHALL THE BEST ACCESSORY, ITS SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE THE BEST ACCESSORY SERVICES, EVEN IF THE BEST ACCESSORY IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE BEST ACCESSORY’s LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. Indemnification You agree to defend, indemnify, and hold harmless The Best Accessory, The Best Accessory’s vendors, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your access to or use of the The Best Accessory Services, or your violation of any third-party right. You are solely responsible for interactions with other users of the Sites or The Best Accessory Services. To the extent permitted by applicable law, you hereby release The Best Accessory from any and all claims or liability related to any product or service of The Best Accessory and any conduct, action, or inaction by The Best Accessory or another user of the Sites or The Best Accessory Services. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing indemnification obligation shall survive termination of these Terms and the operation of the The Best Accessory Services or any product or service provided to you arising out of or relating to your use of the The Best Accessory Services. Submissions Except as otherwise expressly provided herein or in The Best Accessory’s separately posted Privacy Policy, any communication or material you transmit to The Best Accessory through the The Best Accessory Services by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, essays, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by The Best Accessory, The Best Accessory vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, The Best Accessory, The Best Accessory vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to The Best Accessory through the The Best Accessory Services for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication. By submitting content on or through the Sites or using The Best Accessory Services, you hereby grant to The Best Accessory, its parent, affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to its parent, affiliates, partners and clients including advertisers of brands or products (the "Advertisers") for display via third party websites or applications (for example, an Advertiser sublicense submitted content to repurpose on its own or other third party website). Even if you withdraw your application or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by The Best Accessory to third parties regarding such submitted content prior to such removal. Moreover, by submitting content, you hereby assign all rights and authorize The Best Accessory and its parent, affiliates, designees, licensees or assignees to use, copy, disclose, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate the submitted content in other works in any media, with such rights extending to all data, images, sounds, text and other things embodied therein for any and all commercial or noncommercial purposes. By submitting content, you also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If you do not wish to grant such rights to The Best Accessory, do not submit content to the Site. Mobile Services The The Best Accessory Services may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from The Best Accessory, and access certain other features (collectively the "Mobile Services"). Although The Best Accessory does not charge you for these Mobile Services, your mobile carrier’s normal messaging, data, and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. By using the Mobile Services, you agree that The Best Accessory may communicate with you by SMS, MMS, or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to The Best Accessory. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages The Best Accessory intends to send to you are not sent to another person who acquires your former mobile telephone number. Miscellaneous These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by The Best Accessory of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. The Best Accessory shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including without limitation acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks. Applicable Law & Disputes Access to or use of the The Best Accessory Services shall not be construed as The Best Accessory’s purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. These Terms and any dispute that might arise between you and The Best Accessory shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Any dispute, action, or proceeding arising out of, or related to, these Terms, use of the The Best Accessory Services, or any orders placed or products or services purchased through any of them, shall be adjudicated in the state or federal courts located in the United States District Court for the Southern District of New York or the state and local courts in New York, New York, and you consent to exclusive jurisdiction and venue in such courts. Remedies Any award in any proceeding 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, there shall be no authority to award punitive, consequential or other damages not measured by the prevailing party’s actual damages, except when disclaimer of such an award is not permitted by statute. Changes in Terms The Best Accessory shall have the right at any time and without prior notice, at its sole discretion, to make changes to the Site and The Best Accessory Services, policies, and these Terms, or to impose new terms and conditions with respect to access to or use of the The Best Accessory Services. Such revisions and additions shall be effective immediately upon posting of notice of the changes on the Site. We suggest that you read our Terms and Privacy Policy from time to time in order that you stay informed as to any such changes. ANY ACCESS OR USE OF THE THE BEST ACCESSORY SERVICES BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than The Best Accessory shall be valid or enforceable against The Best Accessory unless expressly agreed to by The Best Accessory in a writing signed by a duly authorized officer of The Best Accessory. Termination These Terms are effective until terminated by The Best Accessory. The Best Accessory may terminate these Terms without notice and at any time in connection with any of the The Best Accessory Services. In the event of termination, you are no longer authorized to access those The Best Accessory Services, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. The Best Accessory shall also have the right without notice and at any time to terminate some or all of the The Best Accessory Services or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the The Best Accessory Services or any feature or portion thereof. OUR ADDRESS The Best Accessory Meriden, CT 06450 Email: thebestaccessory1@gmail.com http://www.thebestaccessory.com