WebLinc, LLC ("WebLinc") operates this web site on behalf of and pursuant to an agreement with the Sak Brand Group and its affiliates and subsidiaries (collectively, "THE SAK"). WebLinc and THE SAK are hereinafter referred to as "we," “our” or "us" as appropriate.
These Terms and Conditions apply to www.sakroots.com, www.thesak.com, and www.elliottlucca.com (collectively, the “Web Sites”).
Web Site Content.
All media (downloaded or samples), software, text, images, information, specifications, products and prices of products, services described or depicted, graphics, features, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Web Sites (collectively, "Content"), including but not limited to the design, selection, arrangement, and coordination of such Content on the Web Sites, is owned or licensed by or to THE SAK, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
Except as expressly provided in these Terms and Conditions, no part of the Web Sites and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial purpose, without THE SAK’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks, or any other intellectual property or other proprietary right with respect to any of the Content, and THE SAK reserves all rights not expressly granted hereunder. THE SAK expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with the Web Sites.
When an order is placed, it will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Web Sites. All purchases from the Web Sites are made pursuant to a shipment contract and subject to the terms therein. As a result, risk of loss and title for items purchased from the Web Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.
Accuracy of Information.
We attempt to ensure that information on the Web Sites is complete, accurate and current. Despite our efforts, the information on the Web Sites may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any Content on the Web Sites.
The inclusion of any products or services in the Web Sites at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Web Sites. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), and may not be publicly performed or displayed, and may not be duplicated.
All Content is subject to change at any time without notice. All weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors.
Additionally, products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Sites. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, THE SAK shall immediately issue a credit to your credit card account in the amount of the charge. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
Registration; Customer Accounts.
Certain services offered on or through the Web Sites require you to first open an account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify us of any unauthorized use of your account or password, or any other breach of security.
You may use anyone else’s password or customer account at any time. You may not attempt to gain unauthorized access to the Web Sites. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, then your customer account will be terminated.
You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your account information, designate a different credit card to be billed, or change the applicable expiration date on your currently designated credit card, by clicking on the “Update Account” within the “My Account” area of the Web Sites.
You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Web Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Web Sites or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Web Sites or any of the systems or networks comprising or connected to the Web Sites.
You also agree that we may, in our sole discretion and without prior notice to you, terminate your access to the Web Sites and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to the Web Sites or assistance to others' attempting to do so; (2) overcoming software security features limiting use of or protecting any Content; (3) discontinuance or material modification of the Web Sites or any service offered on or through the Web Sites; (4) violations of this Terms and Conditions; (5) failure to pay for purchases; (6) suspected or actual copyright infringement; (7) unexpected operational difficulties; or (8) requests by law enforcement or other government agencies. You agree that WebLinc and THE SAK will not be liable to you or to any third party for termination of your access to the Web Sites, and you fully release WebLinc and THE SAK regarding the same.
When you visit any Web Site or send emails to us, you are communicating with us electronically. By agreeing to these Terms and Conditions, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Web Sites. 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. You agree that we may send email to you for the purpose of advising you of changes or additions to this site, about any of our products or services, or for such other purposes as we deem appropriate.
Conditions of Sale and Payment Terms.
To purchase any goods and/or services on our Web Sites, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions.
Prior to the purchase of any goods or services on our Web Sites, you must provide us with a valid credit card number and associated payment information, including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience. All sales of products and services are final. All charges from those sales are nonrefundable.
Methods of Payment, Credit Card Terms and Taxes.
All payments must be made by VISA, MasterCard, American Express, and Discover Network (each of which may be removed by THE SAK in its sole discretion). Unless expressly set forth on the Web Sites, we do not accept any other payment form. If we offer or accept any other form of payment, you hereby agree to all restrictions, terms and conditions associated with such additional form of payment. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms and Conditions to determine your rights and liabilities as a cardholder.
YOU, AND NOT THE SAK, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify THE SAK of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If THE SAK does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by THE SAK or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. THE SAK shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within California and Massachusetts and any other states or localities that it deems is required.
The Web Sites may be accessed from countries other than the United States. The Web Sites may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use this Site outside the United States you are responsible for complying with your local laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on the Web Sites are registered and unregistered trademarks, trade names and service marks in the U.S. and other countries of us and our affiliates. Other trademarks, trade names and service marks used or displayed on the Web Sites are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the Web Sites grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on the Web Sites without our written permission or the written permission of such third party owner.
Linking to the Web Sites.
Creating or maintaining any link from another Web site to any page on the Web Sites without our prior written permission is prohibited. Running or displaying the Web Sites or any material displayed on the Web Sites in frames or through similar means on another Web site without our prior written permission is prohibited. Any permitted links to the Web Sites must comply with the terms and conditions of our permission as well as all applicable laws, rule and regulations.
Third Party Links.
From time to time, the Web Sites may contain links to web sites that are not owned, operated or controlled by us or our affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Sites. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. If you decide to access any other web site linked to or from the Web Sites, you do so entirely at your own risk.
Gift certificates can only be redeemed via purchases made on the Web Sites, and are not redeemable for cash. Any unused balance will be placed in the recipient's gift certificate account and is not transferable. If your order exceeds the amount of your gift certificate, you must pay for the balance with a credit card. We are not responsible for lost or stolen gift certificates. We make no warranties, express or implied, with respect to gift certificates, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. In the event a gift certificate code is non-functional, your sole remedy, and our sole liability, shall be the replacement of such gift certificate. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
While we take reasonable steps to safeguard and to prevent unauthorized access to your personally identifiable information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your information.
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONALLY IDENTIFIABLE INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane User Information or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Web Sites of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
Some items on our website have a manufacturer's warranty, which is noted in the product description. Manufacturer's warranties are provided by the manufacturer of the product and not by THE SAK and/or WebLinc. The manufacturer is responsible for all warranty coverage, repair, servicing and defects. To obtain a written warranty for any of these items, send a specific written request to our Customer Service Department.
YOUR USE OF THE WEB SITES IS AT YOUR OWN RISK. THE WEB SITES, THE PRODUCTS, SERVICES, CONTENT AND ANY OTHER INFORMATION THEREIN ARE PROVIDED "AS IS." EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE WEB SITES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES OR CORRESPONDENCE TO DESCRIPTION. THE PRODUCTS, MATERIALS AND SERVICES ON OR THROUGH THE WEB SITES MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH PRODUCTS, MATERIALS OR SERVICES.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITES ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEB SITES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of liability.
THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEB SITES, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEB SITES, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL WE OR OUR LICENSORS OR ANY OF OUR COLLECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THESE TERMS AND CONDITIONS OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS AND CONDITIONS, THE MAXIMUM LIABILITY THAT WE SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO THE SAK BY YOU. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF ONE POINT OR THE SAK. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THESE TERMS AND CONDITIONS) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
In the event of any problem with the Web Sites or any Content, you agree that your sole remedy is to cease using the Web Site. In the event of any problem with the products or services that you have purchased on or through the Web Site, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer's or supplier's warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on the applicable Web Site where such product or services were purchased.
Revisions to these Terms and Conditions.
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Web Sites.
Choice of Law; Jurisdiction.
These Terms and Conditions supersede any other agreement between you and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the State and Federal laws of the State of California, without giving effect to any principles of conflicts of laws. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You agree to defend, indemnify and hold THE SAK and WebLinc, and each of their respective directors, officers, employees, agents, contractors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Web Sites.
You or we may suspend or terminate your account or your use of the Web Sites at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Web Sites at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to call our Customer Service Department.