Cabelle LLC provides website and other electronic services subject to the conditions set out below (“Conditions”). By using and shopping via Cabelle LLC website(s), Cabelle LLC telephone ordering, and other websites and existing or future services that expressly incorporate these Conditions (“Cabelle LLC Services”), you accept these Conditions. In some instances, a particular Cabelle LLC service or a product purchased through the Cabelle LLC Services may be subject to additional policies, guidelines, terms, and/or agreements (“Terms”). In the event that such Terms are inconsistent with these Conditions, the Terms shall govern.
Please read these Conditions carefully. If you do not wish to be bound by these Conditions, do not access or use the Cabelle LLC Services.
- Applicable Laws
Cabelle LLC makes no representation that content included in any Cabelle LLC. Service is appropriate or available for use in locations other than in the United States, and access to the Cabelle LLC. Services from territories where their content is illegal is prohibited. Those who choose to access the Cabelle LLC Services from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Cabelle LLC Service in violation of U.S. export laws and regulations.
- Change of Terms
Cabelle LLC may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which Cabelle LLC may give by any means, including, without limitation, by posting the revised Conditions on the Cabelle LLC Services. You are responsible for reviewing the Cabelle LLC Services for any modifications to these Conditions that may affect your rights or obligations. Any access or use by you of the Cabelle LLC Services after changes to these Conditions will constitute your acceptance of the revised terms.
- Orders and Pricing
Cabelle LLC reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Cabelle LLC, and may be adjusted by Cabelle LLC at any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Copyright in the documents and material on the Cabelle LLC Services is owned by or licensed to Cabelle LLC. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the Cabelle LLC Services are either the property of, or used with permission of, Cabelle LLC. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the Cabelle LLC Services. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Cabelle LLC Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Cabelle LLC Services without the written permission of Cabelle LLC or any third party that may own such trademarks or service marks. Cabelle LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
For all of the content that you post or submit to the Cabelle LLC Services, you grant Cabelle LLC a perpetual, irrevocable, nonexclusive, royalty-free, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant Cabelle LLC and its sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Cabelle LLC for all claims resulting from any content that you supply. Cabelle LLC has the right but not the obligation to monitor any activity and to edit or remove any content. Cabelle LLC takes no responsibility and assumes no liability for any content posted by you or by any third party.
- Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including Cabelle LLC vendors, do not constitute sponsorship, endorsement, or approval by Cabelle LLC of the content, policies, or practices of such linked sites or services. Cabelle LLC is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
- Electronic Communications
When you access or use the Cabelle LLC Services, send e-mails to Cabelle LLC, or receive electronic communications from Cabelle LLC, you are, and consent to, communicating with Cabelle LLC electronically. Cabelle LLC may communicate with you by e-mail or by posting notices on one or more of the Cabelle LLC Services. You agree that all notices, disclosures, agreements, policies, and other communications that Cabelle LLC provides to you electronically satisfy any requirement that such communications be in writing.
- Disclaimer of warranties and limitation of liability
The material contained in the Cabelle LLC Services has been checked for accuracy. However, Cabelle LLC Makes no warranties or representations as to such material’s accuracy, and it is supplied without any expressed or implied warranties. Without limiting the foregoing, everything on the Cabelle LLC Services is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Cabelle LLC Disclaims any and all warranties, express or implied, for any products or services offered on the Cabelle LLC Services, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. This disclaimer does not apply to any product warranty offered by the product’s manufacturer.
Under no circumstances will Cabelle LLC, or any other party involved in creating, producing, or delivering the Cabelle LLC Services or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way out of access to or use of or inability to access or use the Cabelle LLC Services or any linked services or arising out of its contents or any errors or omissions in its contents, including but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise, even if Cabelle LLC Is expressly advised of the possibility of such damages. Cabelle LLC Does not warrant or represent that your access to or use of the Cabelle LLC Services or any linked services will be interrupted or free of errors or omissions, that defects will be corrected, or that the Cabelle LLC Services or any linked services is free of computer viruses or other harmful components.
Under no circumstances will Cabelle LLC, or any other party or their respective directors, officers, employees, or agents be liable to you or any third party for any direct, indirect, consequential, incidental, special, punitive, or other damages, whether in contract, tort, or otherwise, including negligence, arising in any way from any product or service sold or provided through the Cabelle LLC Services, even if Cabelle LLC Is expressly advised of the possibility of such damages. In no event shall Cabelle LLC Liability be greater than the price you paid for the product or service that is the basis for the claim.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
You agree to defend, indemnify, and hold harmless Cabelle LLC and its 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 Conditions or your access to or use of the Cabelle LLC Services.
- Your Access to Cabelle LLC Services
When you use the Cabelle LLC Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Cabelle LLC Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. Cabelle LLC sells products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the Cabelle LLC Services only with the involvement of a parent or guardian. Cabelle LLC reserves the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Cabelle LLC Services. In the event that Cabelle LLC denies you access to one or more Cabelle LLC Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.