Ontrove does not discriminate on the basis of age, gender, race, ethnicity, national origin, sexual orientation or religion.
You acknowledge that all content included on the Site, such as text, information, graphics, logos, images, sounds, data, software, and other similar material, is the property of Ontrove or its content suppliers and protected by United States copyright laws. All of the content on the Site is the exclusive property of Ontrove and protected by United States copyright laws.
INTELLECTUAL PROPERTY INFRINGEMENT
We depend on independent affiliates, subsidiaries, agents, third-party product and Content providers, vendors, website designers, contractors, sponsors, licensors and the like (jointly, "Associates") who supply any of the goods advertised on the Site and, in some instances, drop ship them directly to our customers. We are not liable for any infringement of trademarks, copyrights, trade dress or other intellectual or proprietary property rights resulting from Content transmitted through or posted on the Site, or products advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any Content posted on or transmitted through the Site, or items advertised on the Site, please contact us immediately so that we may have the situation investigated and, if appropriate, block or remove the offending advertisements and/or Content. It is our policy to prevent access to infringing materials, and to terminate access of repeat infringers to the Site. In order for us to consider your claim of infringement, you must provide us the following information for each claim:
1. Your Name, address, telephone number, and email address.
2. Your reason why this potential infringement is of significance to you.
3. Name and description of what you believe is being infringed.
4. The URL address of the web page that is located on our website in which the infringement is located.
5. Statement of why you believe your claim may be the infringing of a trademark, copyright, intellectual property, or other protected material.
ONTROVE.COM and other marks which may or may not be designated on the Site by a “™” “®” “SM” or other similar designation, are registered, unregistered or pending trademarks or service marks of Ontrove.com, in the United States and other countries. Our graphics, logos, button icons, page headers, scripts, and service names are trademarks or trade dress of Ontrove.com. Ontrove.com's trademarks and trade dress may not be used in connection with any product or service that is not Ontrove.com's, in any way that is expected to cause misunderstanding among customers, or in any manner that disparages or discredits Ontrove.com. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be associated with, sponsored by or connected to, Ontrove.com.
You may not download (other than page caching) or alter the Site or any portion of it without our express, prior written permission. This includes: a ban on any resale or commercial use of the Site or its Content; any collection and use of any product prices, listings or descriptions; any derivative use or making adaptations of the Site or its Content; any downloading or replication of account information for the gain of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be copied, reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose without our precise, prior written permission. 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 Ontrove.com or its Associates without our precise, prior written permission. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express, prior written permission.
If you use the Site, you are responsible for maintaining the confidentiality of the information you submit through “My Account” and the corresponding password and for restricting access to your computer. You agree to accept responsibility for all activities that arise under “My Account” or password. We reserve the right to decline service, terminate accounts and to remove or edit content submitted by you in the “My Account” area of the Site.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board related with us or the Site. These links are available for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site is independent from us, and we have no control over the content of that other website. Also, a link to any other web site does not suggest that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided on an "AS IS," "as available" basis. Neither Ontrove.com, nor its Associates warrant that use of the Site will be uninterrupted or without errors. Neither Ontrove.com, nor its Associates affirm the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for purchase on the Site. Further, Ontrove.com makes no representation that Content provided on the Site is applicable or appropriate for use in locations outside of the United States. Ontrove.com specifically denies warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No verbal advice or written information given by Ontrove.com or its Associates shall produce a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Under no circumstances shall Ontrove.com or its Associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Ontrove.com records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other action of tort; or an action in equity, even if an authorized representative of Ontrove.com has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not permit the omission or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent allowable by law.
Although we take steps to ensure the accuracy and entirety of product and third-party service descriptions posted on the Site, please refer to the manufacturer or Associates for details.
The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Ontrove.com, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we deem in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Ontrove.com or any third party. Notwithstanding the foregoing, neither Ontrove.com nor its Associates can ensure immediate removal of questionable Content after online posting. Accordingly, neither Ontrove.com, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
USAGE BY MINORS
This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live). Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using the Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase. By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
We require that all purchases be made either (i) by individuals who are not minors and who can legally enter into binding contracts (typically persons 18 years of age or older, depending on where you live), or (ii) by minors with the permission of a parent or guardian to purchase items on the Site.
If you access the Site from anywhere in the United States, you agree that the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Ontrove.com and/or its Associates.
If you access the Site from anywhere outside of the United States, you agree to the laws of the State of Florida, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that may arise between you and Ontrove.com and/or its Associates.
If you access the Site from within the United States, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Orlando, Florida, USA, except that, to the extent you have in any manner violated or threatened to violate Ontrove.com's intellectual property rights, Ontrove.com may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, REVISION AND SEVERABILITY
HOW TO ORDER THROUGH THE SITE
By completing an order request on our Site, please acknowledge that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the “Shipping Confirmation”). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products which may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our or our third party fulfillment provider’s inventory.
PRICES AND AVAILABILITY OF PRODUCTS
Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered. Our Site contains a large number of products and it is always possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. We are under no obligation to provide the product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation or a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error.
On occasion, you may be able to place a product in your shopping cart and submit your order for processing, but your order is subsequently cancelled due to unavailability of product. You acknowledge that products may sell quickly and there may be a short period of time after an order has been submitted, but where the product is no longer available. You agree that we may cancel your order after you have received an Order Confirmation without penalty.
On very rare occasions, you may receive a Shipping Confirmation from us, but the product is no longer available in our or our third party fulfillment provider’s inventory. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability.
The term shipping or ship includes the commencement of shipping items in an order for multiple purchases or where the item purchased consists of components that must be shipped separately. For example, your order may consist of (1) several different items, (2) a quantity of the same item, or, (3) a single item with several component parts the size of which might require them to be shipped in separate packages. In all such orders, we endeavor to ship out individual packages together so that they arrive at the same time; however, when that is not possible, we commence shipping by shipping individual packages in the order the soonest they are available and conditions permit. In these instances, our notification to you that your order has shipped represents the time when shipping has commenced; it does not mean that all items in the order have shipped at that time. All packages sent have a separate tracking number and may be followed on the Order Status page. You agree that credit cards and debit cards are to be charged on the date of inventory reservation for the order, not the date of shipping.
RISK OF LOSS
All items purchased from Ontrove.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the carrier.
DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY
Ontrove.com holds no accountability for any indirect losses which occur as a side effect of the main loss or damage and which are unpredictable. We hold no accountability for any losses which occur as a side effect of using or browsing this website based on things solely in your authority including but not limited to: (1) Consequences of using our website while working for your employer and violating any of employer’s rules & regulations. (2) Consequences based on the foundation that our website caused you to be distracted or caused you to neglect your surroundings. (3) Consequences as a result of using our website while violating any applicable laws.
Last updated on June 10, 2009.
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