TERMS AND CONDITIONS

OVERVIEW

This website is operated by Egomarked. Throughout the site, the terms "we", "us", "we" and "our" refer to Egomarked. Egomarked offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you accept our "service" and agree to be bound by the following terms and conditions ("terms of service", "terms"), including any additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all of the terms and conditions of this agreement, you may not access the site or use any of the services. If these terms of service are considered an offer, your acceptance is expressly limited to these terms of service.

Any new features or tools added to the current store will also be subject to the terms of service. You may view the most current version of the TOS at any time on this page. We reserve the right to update, change or replace any part of these TOS by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

CONDITIONS OF THE ONLINE STORE

By agreeing to these Terms of Service, you represent that you are of legal age of majority in your state or province of residence, or that you are of legal age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the online sales service, violate any laws in your jurisdiction (including but not limited to copyright laws).

It must not transmit worms or viruses or any code of a destructive nature.

Failure to comply with or breach of any of the conditions will result in immediate termination of your services.

GENERAL CONDITIONS

We reserve the right to refuse our online sales services to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the online retail service, use of the online retail service or access to the online retail service or any contact on the website through which the online retail service is provided, without our express written permission.

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these terms and conditions.

PRODUCTS AND/OR SERVICES FOR ONLINE SALES

Our products in our online sales services are available exclusively online through the website. These products may have limited quantities and are subject to return or exchange only in accordance with our return policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear in the web store. We cannot guarantee that the display of any color on your computer monitor will be accurate.

We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product we offer. All product descriptions or product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any product, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

MODIFICATIONS TO ONLINE SALES SERVICES

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice.

We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of service.

Prices and currency. The prices indicated on our website are in US dollars.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or current. The material on this site is provided for general information purposes only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Reliance on the material on this site is at the user's own risk.

This site may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we modify or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you when necessary.

COPYRIGHT AND OTHER INTELLECTUAL PROPERTY     

All material (defined below) on this web site is subject to egomarked's copyrights, trademarks, service marks, service marks, trade dress and other intellectual property rights or licenses. Your use of egomarked's trademarks, service marks, service marks, trade dress, copyrighted material or any other materials displayed on or available through egomarked, including, without limitation, graphics, design, text, instructions, widgets, images, audio, videos, designs, advertising copy, logos, domain names, the "look and feel" of egomarked and the compilation, assembly and arrangement of egomarked's materials (collectively, "Materials") is strictly prohibited. You may, however, download, print and store selected portions of the Materials, provided that you (1) only use these copies of the Materials for your own personal, non-commercial use, (2) do not copy or post the Materials on any network computer or broadcast the Materials in any media, (3) you do not modify or alter the material in any way, or remove or change any copyright or trademark notice, and (4) you do not reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that egomarked creates to generate its web pages or any software or other products or processes accessible through egomarked.

You agree that we may revoke prior permission at any time without liability to you and you will not insert any code or product to manipulate the materials in any way that affects any user's experience. No right, title or interest in any material is transferred to you as a result of any download. Egomarked reserves full title and full intellectual property rights in any material you download from egomarked. Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the material.

You also agree that you will not (a) use any robot, spider, rover, scraper or other automatic or manual data mining technology or process to monitor, cache, frame, mask, extract data from, copy or distribute the materials (except as may result from standard use of search engines or web browsers); nor (b) modify, provide access to, frame, reproduce, archive, sell, rent, lease, rent, exchange, create derivative works, publish in print or by electronic means, publicly perform, display, broadcast, distribute, sell, retransmit, circulate to third parties or on any third party website, or otherwise use the materials in any way except as specifically permitted by these terms or in writing by egomarked.

You may not use the egomarked Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report to us any content on the egomarked Site that you believe infringes your rights. Only the owner of the intellectual property rights or the person authorized to act on the owner's behalf may report potentially infringing content.

Other Intellectual Property. If you believe that any content on the egomarked website infringes your exclusive rights other than copyright, please provide at least the following information: (a) your physical or electronic signature; (b) identification of the material that you claim infringes your exclusive rights and information reasonably sufficient to permit us to locate the material; (c) an explanation of the exclusive rights you own/have and why you believe the content infringes those rights, sufficient for us to evaluate the complaint; and (d) accurate contact information for you. Please send your complaint regarding content on egomarked to: support@egomarked.com

General Rights Information. It is often difficult to determine whether your intellectual property rights have been infringed. We may request additional information before removing any infringing material. If a dispute arises as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer until the matter is resolved.

Do not make false claims! Please also note that the information provided in the legal notice you submit may be forwarded to the person who provided the allegedly infringing content.

We will take reasonable steps to notify you if your materials are removed based on a third-party claim of alleged intellectual property infringement. If you contest the removal of your materials as a result of a third party complaint, you have the right to notify us of the error or misidentification.

We reserve the right to terminate the accounts of users who (in our reasonable discretion) are repeat infringers.

COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS

If, at our request, you send certain specific submissions (e.g., contest entries) or without our request you send creative ideas, suggestions, proposals, plans or other materials, whether online, by e-mail, by postal mail or otherwise (collectively, "comments"), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send to us. We are not and will not be under any obligation (1) to keep any Comments confidential; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

Egomarked may, but has no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

You agree that your comments will not violate any third party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain computer viruses or other malicious programs that may in any way affect the operation of the service or any related website. You may not use a false e-mail address, impersonate any person other than yourself, or otherwise mislead us or any third party as to the origin of any comments. You are solely responsible for the comments you make and their accuracy. We assume no responsibility for comments posted by you or any third party.

PERSONAL INFORMATION

The submission of personal information through the store is governed by our privacy policy. To view our privacy policy click here https://egomarked.com/privacy-policy/

ERRORS, INACCURACIES AND OMISSIONS

From time to time 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 on the online sales service or any related website is inaccurate, at any time without notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify any information contained in the online sales service or any related website, including, without limitation, pricing information, except to the extent required by law. No specified update or refresh date applied on the online sales service or any related website should be taken as an indication that all information on the online sales service or any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions set forth in the TOS, you are prohibited from using the site or its content (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state local rules, regulations, laws or ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, libel, slander, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) post false or misleading information; (g) upload or transmit viruses or any other malicious code that affects or may affect in any way the functionality or operation of the service or any related website, other websites or the Internet; (h) to collect or 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 the security functions of the service or any related website, other websites or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.

Disclaimer of warranties; limitation of liability

We do not warrant that your use of our online sales service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the online sales service will be accurate or reliable.

You agree that, from time to time, we may remove the online retail service for indefinite periods of time or cancel the online retail service at any time, without notice.

You expressly agree that your use of or inability to use the online retail service is at your sole risk. The online retail service and all products and services offered to you through the website are provided (unless expressly stated by us) "as is" and "as available" for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall egomarked, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenues, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any part of the service or any product obtained through the service, or for any other claim related in any way to your use of the service or any product, including, without limitation, errors or omissions in any content, or 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 website, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless egomarked and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, stakeholders and employees, harmless from any claim or demand, including reasonable attorneys' fees, 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 or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service, without such determination affecting the validity and enforceability of the remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the date of termination shall survive the termination of this agreement for all purposes.

These terms of service are effective unless and until terminated by either you or us. You may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you stop using our site.

If in our judgment you breach, or we suspect that you have breached, any term or provision of these terms of service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our online retail services (or any part thereof).

FULL AGREEMENT

Our failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.

These TOS and any policies or operating rules posted by us on this site or in connection with the service constitute the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, without limitation, any prior versions of the TOS).

Any ambiguity in the interpretation of these terms of service shall not be construed against the party who drafted them.

APPLICABLE LAW

These terms of service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Mexico.

CHANGES IN THE TERMS OF SERVICE

You can consult the most recent version of the terms of service at any time on this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or online sales service following the posting of any changes to these terms of service constitutes acceptance of those changes.

CONTACT INFORMATION

Questions about the terms of service should be sent to support@egomarked.com.