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1. GENERAL CONDITIONS
Anytime, for any reason, we have the right to deny service to anyone. Without our prior written consent, you agree not to modify any part of the Service, use of the Service, access to the Service, or any relationship with the website through which the Service is offered. These Terms are not limited or otherwise affected by the headings that are used in this agreement but are merely included for convenience.
2. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We disclaim all liability for any inaccuracies, omissions, or delays in the content of the material made available on this website. The content on this website is intended for general information purposes only and should not be relied on or used as the sole basis for making decisions without accessing primary, more accurate, more complete, or more recent sources of information. You assume all risks associated with any reliance you place on the information on this website. This website may have historical information. Historical material is provided solely for your reference and is, by necessity, not current. We reserve the right to change the contents of this site at anytime, but we are under no duty to update any information on our site. You accept that it is your responsibility to keep track of changes of our website.
3. MODIFICATIONS TO THE SERVICE AND PRICES
Unannounced price changes could occur for our products. We retain the right to change or stop providing the Service (or any service or product thereof) at any time and without prior notice. Any modification, price change, suspension, or discontinuance of the Service shall not be subject to liability on our behalf to you or any third person.
4. PRODUCTS OR SERVICES (if applicable)
We have put in every effort to display the colors and images of our products as precisely as possible. The accuracy of any color displayed on your computer monitor cannot be guaranteed by us. We reserve the right, but are under no obligation, to limit the sale of our products or Services to any individual, geographic location, or jurisdiction. We may exercise this privilege on an individual basis. We have the right to limit the quantity of any items or services that we provide. All product descriptions and prices are subject to change at any moment and without prior notice at our sole discretion. We have the right to discontinue any product at any time. Any offer made on this website for any goods or service is invalid where prohibited. We do not guarantee that the quality of any goods, services, details, or other materials you buy or get from us will satisfy your needs and requirements, nor do we guarantee that any errors on the service will be fixed.
5. ACCURACYOF BILLING AND ACCOUNT INFORMATION
We reserve the right to reject any order you place with us. We reserve the right, at our sole discretion, to limit or cancel quantities purchased per person, per household, or per order. These limitations may apply to orders made with the same credit card, the same billing address, the same shipping address, or orders made by or under the same customer account. If we change or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the transaction was placed.
6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS You agree that, if you send certain contributions (such as contest entries) at our request, or without a request from us, if you send creative ideas, suggestions, plans, or other materials through email, postal mail, or any other method (collectively, "comments"), we are free to use, reproduce, publish, edit, translate, and otherwise utilize those comments for any purpose and in any media. We are not and will not be required to (1) keep any comments in strict confidentiality; (2) compensate for any comments; or (3)respond to any comments. We may monitor, edit, or remove information that, in our sole opinion, that is offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms of Service, but we are not required to do so. You agree that your comments will not violate the rights of any third party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your comments won't contain any defamatory, illegal, threatening, or otherwise objectionable content, as well as any malware that could in any way impair the functionality of the Service or any website associated to it. You may not use a fraudulent e-mail address, pose as someone other than yourself, or otherwise mislead us or third-party commenters as to the origin of any remarks. Any comments you make, including their veracity, are solely your responsibility. Any comments posted by you, or any third party are not our responsibility and are not subject to our liabilities.
7. 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. There is no specific update or renewal date applied in the Service or on any related website that should be interpreted as indicating that all information in the Service or on any associated website has been modified or updated.
8. PROHIBITED USES
In addition to other restrictions, you are forbidden from using the website or its content to: (a) further any unlawful purpose; (b) encourage or assist others to engage in any unlawful activity; (c) violate any applicable federal, provincial, state, or local laws or regulations; (d) infringe upon or otherwise violate our or third parties' intellectual property rights; or (e) harass, abuse, insult, harm, defame, slander, disparage others; (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used to interfere with or circumvent the Service or any related website, other websites, or the Internet; (h) to collector 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. We retain the right to discontinue your usage of the Service or any connected website if you violate any of the banned uses.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make no promises or warranties on the continuity, timeliness, security, or error-free operation of our service. We do not guarantee the accuracy or dependability of any result that may be attained with the service. You acknowledge that we reserve the right to discontinue the service at any time and without prior warning, or to remove it immediately. You explicitly acknowledge that the service is used at your own risk, whether you can use it or not. The service and all products delivered to you via the service are provided 'as is' and 'as available' for your use, without any express or implied guarantee, warranty, or terms of any kind, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a specific purpose, durability, title, and non-infringement. 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 other similar damages, shall in no event be made by Excalibur Co, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, any claim relating in any way to your use of any service or any product, including, but not limited to, any errors or omissions in any content, 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, regardless of the basis for the claim, which may be in contract, tort (including negligence), strict liability, or otherwise. Our liability shall be limited to the maximum extent permitted by law in those states or jurisdictions that do not allow the exclusion or the restriction of liability for consequential or incidental damages.
10. INDEMNIFICATION
You consent to defend, hold harmless, and indemnify Excalibur Co. and its subsidiaries, affiliates, partners, officers, directors, agents ,contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' costs, 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.
11. SEVERABILITY
If any part of these Terms of Service is found to be invalid, illegal, or otherwise enforceable, it shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the invalid or unenforceable portion shall be regarded separated from these Terms of Service; the legality and enforceability of any other provisions shall not be affected.
12. TERMINATION
The termination of this agreement shall not affect the parties' obligations and liabilities accrued before the termination date. Unless and until terminated by either you or us, these Terms of Service are in force. By telling us that you no longer wish to use our Services or by stopping your usage of our website, you may terminate these Terms of Service at any time. We may also terminate this agreement at any time without prior notice, in our sole discretion, if you fail to adhere with any term or provision of these Terms of Service or we have reasonable grounds to suspect that you have done so; in this case, you will still be responsible for all amounts owed up until and including the date of termination; and/or thereafter may prohibit you from accessing our Services (or any part thereof).
