These Terms of Service describe the terms and conditions under which you may use the Anthem Wares website (" Site "). These terms and conditions constitute a legally binding agreement ("Agreement") between Anthem Wares, Inc. (and any successors of Anthem Wares, Inc., and any entities controlled by Anthem Wares, Inc., collectively " Anthem Wares "), and you, the user of the Site (hereinafter "you," and collectively with other users of the Site, the "User" or "Users"). If you do not agree to this Agreement or if you do not have the power and authority to accept this Agreement, you may not use this Site and Anthem Wares is unwilling to grant you access to the Site. Anthem Wares may revise this Agreement at any time by updating this Agreement on the Site. You agree that your continued use of the Site after such modifications constitutes your acceptance of the revisions to the Agreement. By accessing the Site you acknowledge that you have read and understood this Agreement. This Agreement was last revised on November 16, 2012.
1. Licenses and Restrictions.
You must be at least 13 years of age to use the Site.
1.1 License. Subject to the terms and conditions of this Agreement, Anthem Wares grants you a nonexclusive, nontransferable, revocable license to access the Site solely for your personal, non-commercial use. Except as provided in the preceding sentence, we reserve all other rights. You may not reproduce, modify, distribute, display, create derivative works from, sell or otherwise exploit any content, software, or services provided by us. You may not use our content to further any commercial purpose. All content on this Site, including trademarks, designs, graphic assets, video, audio, text and related intellectual property rights are protected by law. Any reproduction or redistribution of the same is strictly prohibited.
1.2 Marks. All Anthem Wares trademarks, names, service marks, logos and other marks of attribution displayed on the Site are the property of Anthem Wares, Inc. You may not use or display marks without our prior written consent specifically authorizing such activity. In addition, this Site contains intellectual property and marks controlled by third parties. If you would like to use the same, you will need to obtain appropriate authorizations from the content owner. Anthem Wares does not and cannot grant you such rights.
1.3 Prohibited Activities. You may not use any portion of the Site for any unlawful purpose. You agree that you will not (i) copy, reproduce, distribute, or create derivative works of the Site; (ii) collect or harvest any personally identifiable information from the Site; (iii) introduce computer viruses or malware into the Site, post links to the same, or otherwise encourage Users to visit sites with the same; (iv) use any automated system, including without limitation, bots, spiders, scripts or any other form of automatic process on the Site, to query the Site, to get information from the Site, post information to the Site, or otherwise access the Site in a manner that sends more requests or Posts to the Site in a given period of time than a human can reasonably produce in the same period by using a conventional web browser; (v) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site; (vi) engage in any activity that circumvents, disables or otherwise interferes with security related features of the Site; (vii) create tools that enable or assist any individual in accomplishing any of the activities prohibited under this Agreement; or (viii) employ or otherwise give incentives to any other individual to post or retrieve information to or from the Site or engage in any of the activities prohibited under this Agreement. All rights not expressly granted in Sections 1.1 and 1.2 are hereby reserved.
1.4 Account Suspension and Deletion . Anthem Wares retains the right to suspend or delete any member account or activity without warning and in our sole discretion. If your account is deleted, all information associated with your account may also be deleted.
2. Ownership. Anthem Wares will own any Anthem Wares content or other materials, and any Anthem Wares marks and logos contained on the Site. Anthem Wares will own any improvements made to the Site, even is such improvements are based on your suggestions, feedback or activities.
3. Registration and Payment Information. Certain functions of the Site may be restricted to authorized users or require you to provide personal information, and/or create a password-protected account. When creating your account, you must provide accurate and complete information about yourself. It is your responsibility to maintain the accuracy of any information provided to Anthem Wares. You are solely responsible for maintaining the confidentiality of your password and your account information, and agree to terminate your password and immediately notify Anthem Wares (email@example.com) if your password is lost, stolen, disclosed to an unauthorized third party, or otherwise compromised. You agree that you are responsible for all activities that occur under your account, including without limitation, any fees which may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree that we may use the personal information you provide to check for fraud and that such information may be disclosed to credit and fraud prevention agencies.
4.1 Orders. All orders are subject to acceptance and availability, and items in your shopping bag are not reserved and may be purchased by other customers. We will send you an email confirmation after you place your order, although email confirmation does not constitute acceptance of your order. Acceptance of your order, for each product you order, occurs immediately after we package that product for shipment. We reserve the right to refuse an order for any reason in our sole discretion. We are not liable to you or any third party by reason of our withdrawing any product for sale, refusing to process a transaction, or reversing, suspending or terminating any transaction after processing has begun. We accept orders for advance purchases when this option is available for you. The terms for advance purchases are the same as for regular purchases.
4.2 Gift Cards. Gift card recipients can redeem gift cards while shopping Anthem Wares by entering the applicable gift code. Each gift code is unique and may be redeemed by any user entering the gift code. Consequently, you must keep your gift code secret. Anthem Wares is not responsible for the value of the gift card if your gift code is compromised. If you suspect that your gift code is or may be compromised, please contact firstname.lastname@example.org immediately so that we may issue you a new gift code for the unused portion of your gift card value. If the entire amount of the gift card is not used in a single purchase, the excess balance will be credited to the gift card recipient’s account within 1 business day. Gift cards cannot be returned or exchanged for cash. All returned items paid for with a gift cards will be refunded as store credit for use against future purchases. Gift cards expire within two years of the Gift Card purchase.
5. Prices. Prices are displayed in US Dollars and are exclusive of taxes. Applicable taxes and duties will be displayed upon checkout based on the location to which products are shipped. We reserve to change our prices at any time until the time at which we charge your credit card or request funds from your bank. If there is a price increase subsequent to the acceptance of your order, we will notify you of the price increase prior to processing your order to obtain a secondary confirmation. Prices are based on available inventory as well as many other factors, consequently, we cannot offer price adjustments if items are reduced in price after your purchase. If your credit/debit card is not denominated in US Dollars, the prices charged will be calculated in accordance with the applicable rules used by your card issuer. We may offer a promotional code to be use on full-priced Anthem Wares merchandise. Anthem Wares reserves the right at any time without notice to retract and/or change the terms of its promotional codes.
6. Payment. Payment can be made by via any payment option offered on the Site. You confirm that the credit/debit card that you submit for processing is yours. All credit/debit card transactions on this Site are processed via an online payment that encrypts your card details.
7. Returns and Exchanges. We accept returns of product within 14 days, subject to our Return Policy. To initiate a return, please email email@example.com .
8. Indemnification. You will defend, indemnify and hold harmless Anthem Wares and its directors, officers, employees, subsidiaries, suppliers and affiliates (collectively, "Anthem Wares Affiliates") from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings ("Claims") made or brought by any third party against any Anthem Wares Affiliate, including without limitation reasonable legal fees and expenses, in connection with (i) your breach of this Agreement; and (ii) any Claim associated with your use of the Site or the use of the Site by any person using your screen name, account or password. Anthem Wares shall provide you with notice of a Claim and an opportunity to defend the Claim, provided that Anthem Wares (A) may participate in any defense and settlement discussions; and (B) will have the right to approve any settlement agreement purporting to bind Anthem Wares. In addition, Anthem Wares may, at your expense, take full control of the defense of any Claim if Anthem Wares believes that you have not defended such Claim in a reasonable and diligent manner, and that such failure may result in adverse consequences for Anthem Wares Affiliates.
10. Third Party Interactions. This Site contains links to third party websites that are not affiliated with Anthem Wares. You may enter into correspondence with, purchase goods and/or services from, or participate in promotions on such unaffiliated websites. Unless otherwise stated in writing by Anthem Wares, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. Anthem Wares does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of third party content. Anthem Wares is not responsible for the accuracy, safety or intellectual property rights of or relating third party products or services. You further acknowledge that you may be exposed to third party content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Anthem Wares with respect thereto.
11. Termination; Content Removal and Retention. Anthem Wares reserves the right to refuse or terminate service to anyone at any time without notice for any reason. Anthem Wares’s termination of service and therefore this Agreement shall not be deemed an election of remedies, and all other remedies provided by this Agreement, or available at law or in equity shall survive termination. The provisions of Sections 1.2, 1.3, 2, 3, 4, 6, 7, 8, 9, 11, 12, 13 and 14 will survive termination of service and this Agreement. Anthem Wares reserves the right at all times to remove or refuse to distribute any content on the Site. Anthem Wares also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce this Agreement, including investigation of potential violations; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of Anthem Wares, its Users and the public. Anthem Wares will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
12. Disclaimer of Warranty. YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. ANTHEM WARES MAKES THE SITE AVAILABLE WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, QUIET ENJOYMENT, NON-INFRINGEMENT, COURSE OF DEALING OR USAGE OF TRADE. ANTHEM WARES DOES NOT WARRANT THAT THE SITE WILL FUNCTION ERROR-FREE OR WITHOUT INTERRUPTION. ANTHEM WARES MAKES AVAILABLE THE SITE AND THE CONTENT ON THE SITE "AS IS" AND DOES NOT WARRANT (I) ANY MATERIAL AVAILABLE ON ANTHEM WARES OR PROVIDED TO ANTHEM WARES BY ANY THIRD PARTY; (II) THAT MATERIAL AVAILABLE ON THE SITE WILL NOT INFRINGE ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS OR RIGHTS OF PRIVACY; (III) THE TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL ON THE SITE; (IV) THAT ANTHEM WARES CAN PREVENT UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION PROVIDED TO ANTHEM WARES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY. THE DISCLAIMERS IN THIS SECTION 12 WILL APPLY EVEN IF ANY WARRANTY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IF ANTHEM WARES CANNOT DISCLAIM A WARRANTY, THE DURATION AND SCOPE OF SUCH WARRANTY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
14. LIABILITY LIMIT. ANTHEM WARES CLAIMS NO OWNERSHIP OR CONTROL OVER ANY CONTENT PROVIDED TO ANTHEM WARES AND DISPLAYED ON THE SITE. ANTHEM WARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OR LIABILITIES SUFFERED AS A RESULT OF YOUR USE OF THE SITE OR ANY INFORMATION OR THIRD PARTY CONTENT. YOU AGREE THAT ANTHEM WARES HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OF, OR THE FAILURE TO STORE ANY CONTENT OR INFORMATION.
13.1 CONSEQUENTIAL DAMAGES. IN NO EVENT WILL ANTHEM WARES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING LOSS OF DATA, BUSINESS INTERRUPTION, LOST PROFITS, OR ANTICIPATED SAVINGS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE, WHETHER SUCH LIABILITY ARISES FROM A CLAIM BASED UPON CONTRACT, TORT OR OTHERWISE, AND WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
13.2 ADDITIONAL RIGHTS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITATION ON LIABILITY PROVIDED UNDER THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN LIABILITIES, SO SOME OF THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF ANTHEM WARES CANNOT DISCLAIM A LIABILITY, THE DURATION AND SCOPE OF SUCH LIABILITY SHALL BE THE MINIMUM PERMISSIBLE UNDER APPLICABLE LAW.
14.1 Assignment. You may not assign this Agreement, in whole or in part, or your rights or obligations under this Agreement, without Anthem Wares’s prior written consent. Any attempt by you to assign this Agreement other than as permitted above will be null and void. Anthem Wares may assign its rights or obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
14.2 Governing Law. Any action related to this Agreement will be governed by New York law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the courts located in New York, New York for the resolution of all disputes arising from or related to this Agreement and/or your use of Anthem Wares Sites.
14.3 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect.
14.4 Email Notification. You hereby consent to receive notification from Anthem Wares of all notices to the email address that you provide to Anthem Wares.
14.5 Cooperation. You acknowledge that Anthem Wares will report to law enforcement authorities any actions that may be considered illegal. When requested, Anthem Wares will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
14.6 Miscellaneous. A failure to enforce any provision of this Agreement will not be interpreted as a waiver of that breach or any preceding or succeeding breach of the same or similar nature. The headings of the clauses of this Agreement are solely for the purpose of convenience and will not be used in the interpretation of any provision. The substantially prevailing party in any dispute relating to this Agreement will be entitled to recover associated costs, including the reasonable fees of attorneys and other professionals. This Agreement, including any commissions and terms referenced herein, contain the entire understanding of the parties. This Agreement is made for the benefit of the parties and not for the benefit of any third parties. This Agreement will be interpreted in accordance with its terms and without any strict construction in favor of or against either party.
If you have any questions concerning this Agreement, please contact firstname.lastname@example.org .