Please read these terms and conditions of service carefully before using and purchasing from this site. They govern your use of the site. If you do not agree to the terms stated below, you may not use the site. Your use of this Site constitutes your knowledge, understanding, and acceptance of the terms of service, and your agreement to be bound by the terms of service.
By making a purchase from celldemand.com, you understand and agree that celldemand.com may share information about you and your transaction with other companies for the purpose of processing your transaction, including fraud prevention, vendor direct shipping and credit card authorization.
1. USE RESTRICTIONS
You understand and accept that all information, data, text, software, music, sound, photographs, graphics, audio, video, message or other material appearing on this Site (collectively, 'Content') are owned by celldemand or its licensors. You are expressly prohibited from using any Content without the express written consent of celldemand or its licensors. Except as otherwise stated herein, none of the material may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means, without the prior written permission of celldemand.com, and/or the appropriate licensor. Permission is hereby granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use provided that you make no modifications to the materials and that all copyright and other proprietary notices contained in the materials are retained. You may not, without celldemand's express written permission; 'mirror' any material contained on this Site or any other server. Any permission granted herein terminates automatically without further notice if you breach any of the above terms. Upon such termination, you agree to immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate domestic and/or international copyright laws, the laws of privacy and publicity, and communications regulations and statutes.
2. USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to celldemand on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, 'Comments') shall be and remain celldemand's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to celldemand of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, celldemand will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. celldemand is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that celldemand.com may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity. By participating in Site sweepstakes, contests, promotions, and/or requesting promotional information or product updates, you agree that celldemand.com may use your information for marketing and promotional purposes.
3. CELLDEMAND'S COMMUNICATIONS TO YOU
You agree that celldemand may send electronic mail to you for the purpose of advising you of changes or additions to this Site, about any of celldemand's products or services, or for such other purpose(s) as celldemand deems appropriate.
Any contests or promotions described or posted on this Site shall be governed by the rules regulating such event.
We have made every effort to display, as accurately as possible, the colors of our products that appear at the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
6. LINKS TO OTHER WEB SITES AND SERVICES
To the extent that this Site contains links to outside services and resources, the availability and content of which celldemand does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
7. INACCURACY DISCLAIMER
From time to time there may be information on celldemand.com that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). If you are not completely satisfied with your celldemand.com purchase, you may return it with your invoice to any celldemand by mail. Please see our Return Policy for details.
You agree to defend, indemnify and hold celldemand harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site.
9. PRODUCT AND PRICING INFORMATION.
This Site, Content, product information, and any products sold through the Site are intended to comply with U.S. state and federal and Canadian national laws and regulations. Some products cannot be shipped to certain jurisdictions. If you are a non-U.S. or non-Canada based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. and Canada. If you are a Canadian user, be advised that products sold online through this website may not comply with provincial or local regulations.
10. THIRD-PARTY LINKS
Third-party links on this Site may direct you to third-party websites that are not affiliated with celldemand that may be located in different countries, and those websites and the products sold on those websites are likely to be subject to the originating country's regulatory or product safety requirements. Celldemand is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions ("Third-Party Products") made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party Products should be directed to the third party.
11. RESALE OF PRODUCT.
This Site sells products to retail consumers only. You shall not use the Site to purchase products for re-sale or export. Celldemand reserves the right to immediately bar access to the Site and terminate the account of any user who violates this provision. Celldemand.com also may refuse to accept returns of such products.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
13. LIMITATIONS ON LIABILITY
You acknowledge, by your use of this site: (1) that your use of this site is at your sole risk; (2) that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment that you use in connection with your use of this site; and (3) that aeo will not be liable for any damages of any kind related to your use of or inability to use our site, including without limitation, failure of performance, error, omission, interruption, computer virus, or network or internet failure, or including, without limitation, direct, indirect, special, compensatory or consequential damages, lost profits and/or loss of or damage to property whether the alleged liability is based on contract, tort, negligence strict liability or any other basis, even if aeo has been advised of the possibility of such damages. in no event will aeo's total liability for any claims related to this site exceed fifty ($50) dollars. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, aeo's, its affiliates', agents', licensors' and suppliers' damages in such jurisdictions shall be limited to the extent permitted by law.
14. DISCLAIMER OF WARRANTY
Access to the Site is provided to our customers and prospective customers "as is" and "as available" and without warranty of any kind, whether express or implied, including but not limited to, those of merchantability, fitness for a particular purpose, title or no infringement. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. Celldemand reserves the right to block or deny access to the Site to anyone at any time for any reason.
We control the Site from offices within the State of New Jersey. We do not imply that the materials published on the Site are appropriate for use outside of the United States. If you access the Site from outside of the United States, you do so, on your own initiative and you are responsible for compliance with local laws. These Site Rules shall be governed by the laws of the state of New Jersey, without giving effect to its conflict of law’s provisions.
The Terms of Service will remain in effect until you notify us that you no longer wish to use the Site, or you cease using the Site. Notwithstanding anything in this Term of Service to the contrary, the parties understand and agree that all terms and conditions of the Terms of Service that may require continued performance, compliance, or effect beyond the termination date of this Terms of Service will survive termination of the Terms of Service and will be enforceable by the parties, including but not limited to Sections 1, 2, 14, 15, 18 and 19. Celldemand.com may also terminate the Terms of Service at any time and may do so immediately without notice, and accordingly deny you access to this Site, if in celldemand's sole discretion, you fail to comply with any term or provision of the Terms of Service. Upon any termination of the Terms of Service by either you or celldemand, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials, whether made under the Terms of Service or otherwise.
17. NO OTHER AGREEMENTS
By agreeing to the Terms of Service, you represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence and you have given celldemand your consent to allow any of your minor dependents to use this Site. The provisions and conditions of the Terms of Service constitute the entire agreement between you and celldemand related to the use of the Site and supersedes any prior agreements or understandings not incorporated in the Terms of Service. The Terms of Service are effective as of the Effective Date. Continued use of the Site by you after the Effective date constitutes your acceptance of the Terms of Service after the Effective Date.
18. NOTICE OF COPYRIGHT INFRINGEMENT UNDER THE "DIGITAL MILLENNIUM COPYRIGHT ACT" (DMCA)
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material or content that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or have access disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and email address where the complaining party may be contacted;
5. The following statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. The following statement: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. celldemand will remove or disable access to the content that is alleged to be infringing;
2. celldemand will forward the written notification to the alleged infringer; and
3. celldemand will take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the content. DMCA Infringement Counter Notification.
Pursuant to the DMCA, after the alleged infringer receives a notice of infringement from celldemand, the alleged infringer will have the opportunity to respond to celldemand with a counter notification ("Counter Notification"). To be effective, a Counter Notification must be a written communication provided to celldemand's designated copyright agent, and must include the following:
1. A physical or electronic signature of the subscriber;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;
3. The following statement: "I swear under penalty of perjury that it is my good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled"; and
4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the federal district court for the judicial district in which the subscriber address is located, or if the subscriber's address is outside of the United States, or any judicial district in which celldemand may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon the copyright agent's receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and we will comply with this requirement as required by law, provided that the designated agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our network.
Pursuant to our rights under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, please email at firstname.lastname@example.org