Terms & Conditions
Terms & Conditions
Terms & Conditions of Use
Welcome to the Store389 website, operated by Store389 (“Store389” “we,” “us” or “our”) and located at http://www.Store389.com/ (the “Site”). The Site is provided as a service to our customers. The following terms and conditions (“Terms”) govern your use of this Site. These Terms apply to all users of the Site, including users who are browsers, vendors, customers, merchants, and/ or contributors of Site Content. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, including those additional terms and conditions and policies referenced herein, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately. To the extent that these Terms are considered an offer, acceptance is expressly limited to these Terms.
- Proprietary Rights. As between you and Store389, Store389 owns or licenses all materials, including text, images, illustrations, designs, icons, photographs, video clips, and any software concepts and documentation and other material on, in or made available through the Site, as well as the selection, coordination, arrangement, and organization and enhancement of the Site Contents (“Site Contents”). All Site Contents are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Contents. As between any user and Store389, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to Store389 or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Contents, other than the right to use the Site Contents in accordance with these Terms.
- Use of This Site. The Site and the Site Contents are intended solely for personal, information, and non-commercial use. You agree that you will not use the Site: (a) for any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) for modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Contents, unless otherwise authorized by these Terms or in a separate written agreement with Store389; (c) for attempting to gain unauthorized access to Store389’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site, including the transmission to the site of worms, viruses, or any code of a destructive nature; (d) for any resale or commercial use of the Site; (e) any downloading or copying of the Site Contents for any reason, or any use of data mining, robots or similar data gathering and extraction tools; (f) for using the Site to access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, , commercial purposes; or (g) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Contents. (h) for harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. You may use the Site and the Site Contents only as consistent with these Terms. Any other use of the Site or Site Contents, including but not limited to the aforementioned unauthorized uses, without prior written permission of Store389 is strictly prohibited. We reserve the right to terminate your use of the Site or any related website for violating any of these Terms. You acknowledge and agree that the unauthorized use of the Site or the Site Contents could cause irreparable harm to Store389 and that in the event of such unauthorized use, Store389 shall be entitled to an injunction in addition to any other remedies available at law or in equity.
- Products. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy in Section 9. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products are subject to change at anytime 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.
- Payments. By purchasing products, or registering on the Site you represent that you are eighteen (18) years of age or older. For information about our returns and refunds, please see our Return Policy in Section 9. To use the Site, the following non-refundable fees may apply: $4.95 - Account Activation Fee; $3.00 - Order Handling Fee; 5% of Order Total - Transaction Handling; $1.00 Down Payment; $35.00 - Insufficient Funds/Return Check/Debit Fee. When purchasing items under Shopping Credit (as provided in Section 6) plan your first payment will be processed when the item(s) ship. Approximately every 7 days, or longer if approved for new payment terms, each remaining installment payment due to Store389 will be billed to the credit card used on the order. Store389 billing dates for future installments can’t be customized or changed. Shopping Credit offers are subject to approval by Store389 based on a number of factors, including item type, price, and payment history. Please note: certain payment methods, including prepaid cards, may not be available for items purchased with Shopping Credit. Store389 uses a third party payment processor to process credit card transaction made through the Site and are such to the applicable terms located at https://partial.ly/terms. Store389 will charge a $1.00 Recurring Monthly Maintenance Fee. This fee can be cancelled at anytime in writing emailing us a "firstname.lastname@example.org" and requesting the cancellation, after your first purchase has been completed and paid in full. You are responsible for all charges incurred under your account, whether made by you or another person using your account. If for any reason Store389 does not receive payment for a purchase, Store389 may exercise its rights in law and equity, including (a) immediately suspending or terminating your account; (b) seeking collection of the outstanding amount owed; and/or (c) seeking legal action against you for the breach of these Terms. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes (excluding only taxes on Store389’s net income).
- Shopping Credit. Shopping Credit is a program that may be available to customers who register with Store389.com, and can show proof of eligibility if requested. Store389 may request documentation that shows your proof of income, your income dates and your ability to afford the payment amounts. Store389 may adjust spending limits per users based on the user’s ability to make their payments. Store389 may discontinue Shopping Credit at any point, or limit the availability to selected customers. After paying for your order in full, you may request a larger amount to spend, up to $500, all previous requirements still are applicable as to the proof of eligibility. Shopping Credit is only available to US residents over the age of 18.
Prices and Orders. All prices displayed on the Site are quoted in U.S. dollars. Store389 may restrict delivery to addresses within the United States and Canada. You agree to provide current, complete and accurate purchase and account information for all purchases made. 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 as needed. Shop389 reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. Shop389 may exercise this right on a case-by-case basis. Store389 will add shipping and handling fees and applicable sales/use tax in accordance with its then existing policies. Your receipt of an order confirmation does not constitute Store389’s acceptance of an order. Prior to Store389’s acceptance of an order, verification of information and approval of the order may be required, including approval of Shopping Credit payment terms. Store389 reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Store389, for any reason. Store389 reserves the right to cancel an order and/or limit the order quantity on any item and to refuse service to any one or any customer and at any time without prior notification, including the right to limit 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 that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, availability, or other information. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Site or on any related website, including, pricing information, except as required by law. No specified update or refresh date applied in the Site or on any related website, should be taken to indicate that all information in the Site or on any related website has been modified or updated. In the event that a product is listed at an incorrect price due to supplier pricing information or typographical error, Store389 shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether 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, Store389 shall promptly issue a credit to your credit card account in the amount of the incorrect price. Store389 reserves the right at any time and without prior notice to discontinue or change specifications and prices on products and services offered on its Site without incurring any obligation to you. Products displayed on this Site are available while supplies last. Descriptions of, or references to, products or services on this Site do not imply endorsement of that product or service, or constitute a warranty, by Store389. The risk of loss and title for all products purchased by you and shipped by Store389 pass to you upon Store389 delivery to the carrier for shipment. The risk of loss and title for all products purchased by you and shipped directly by one of Store389 vendors pass from such vendor to you upon such vendor’s delivery to the carrier for shipment.
- Shipping. We are unable to accept any request to cancel or modify your order once it has been fulfilled and/or shipped. If you have any other questions, please contact our Customer Service Department at 1-888-830-2118 or email@example.com. You must notify us within 15 days from the date of your order if you have not received your package. If your package is returned to Store389.com marked as “refused”, “unclaimed”, or “undeliverable”, a refund will be issued for the merchandise only. Shipping and account charges are nonrefundable. We source our products from several vendors within the US, Europe and Asia. This allows us to offer wholesale prices and high-quality products with good design. Because we ship from multiple warehouses, ordered products may take about 9-15 working days for any items that may ship from international warehouses. We may, at our discretion, email you a tracking number, once your order has been shipped.
Return Policy. Unopened or defective merchandise (except Skincare, Haircare, and Makeup items) may be returned in its original condition, including original packaging and packing slip within 5 days of receipt of package. You must have a Return Authorization (RA) number before returning any merchandise to Store389.com. For a hard copy of this form, please call us at 1-888-830-2118. You can also request an RA online by submitting an RA Request via email to firstname.lastname@example.org. Once you have provided Store389 with the appropriate information, we will contact you with an assigned RA number.
Defective products are returned for REPLACEMENT ONLY with the same product/model. Deviations, at Store389’s sole discretion, may result in a 20% Returns Processing Service Charge. Defective products must be in original factory carton with all original packing materials. The Return Authorization number must be on the shipping label, not the carton. PLEASE DO NOT WRITE ON THE CARTON. Returns must be shipped freight prepaid. Products received freight collect, without an RA number, not approved for return or in any way not meeting the above criteria, will be refused. All returns must be shipped back to Store389.com using a trackable courier. (UPS, FedEx, USPS Delivery Confirmation). Send the tracking information to email@example.com once shipped. Any package that has not been received by Store389.com and tracking information cannot be provided, will be the sole responsibility of the shipper. Return Authorization numbers are good for five (5) days only. Any products returned after the expiration date may be refused at Store389’s sole discretion. Store389.com credits/refunds based on purchase price or current price, whichever is lowest.
We require the following information to process your return. (If this information is not included, we will be unable to process your return):
Full name and address;
Original Order Confirmation Number; and
Your reason for returning the merchandise.
- Accuracy. Shop389 is not responsible if any Site Content is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents 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 and to seek clarification to extent that any information is ambiguous or lacking clarity. We have made every effort to display as accurately as possible the colors of our products that appear on this Site. However, since the actual colors you see depend upon your computer and monitor, we cannot generate that the display of any color will be completely accurate.
- User Comments, Feedback, and Other Submissions. Certain features of the Site may allow you to contribute other materials and information for access, use, viewing and commentary by other users to the Site (collectively, “Comments”). Comments include material submitted, at our request (for example contest entries) or without a request from us, for example, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise. By posting or otherwise submitting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by the Site and all other persons and entities will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; (c) constitute disclosure of any confidential information owned by any third party; or (d) contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related service. Upon your submission of Comments or other material or information to Store389, you grant Store389 a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense, the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Store389 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. If you believe that any content or postings on the Site violate your intellectual property or other rights, please follow our Complaint Procedure in Section 12 of these Terms. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.
- Complaint Procedures. If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Store389 through the Contact Customer Service form with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
- Third Party Websites and Features. The Site may contain links to other websites for the convenience of users in locating information, products, or services that may be of interest. Links to other websites, including those of Store389’s suppliers or vendors, do not constitute sponsorship, endorsement, or approval by Store389 of the content, policies, or practices of such linked sites. The Site may also incorporate features and services provided by third parties, such as payment processing. Linked sites and incorporated features and services are not operated, controlled, or maintained by Store389 and it is not responsible for the availability, content, security, policies, or practices of linked sites, including privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
- Changes in Terms and Termination. Any new Site Content which is added to the current shall also be subject to the Terms. Store 389 shall have the right at any time to revise these Terms or to impose new terms and conditions with respect to access to or use of this Site. Amendments will be communicated to you through official Store389 publications, by posting on the Store389 website, voice, and/or by email. Amendments are effective and binding thirty (30) days after notice (the “Notice Period”). Amendments are prospective and do not apply to incidents, occurrences, or proceedings occurring before the effective date of the amendment. If you do not agree to the amendments, you must delete or cancel your account within the Notice Period. You agree that if you do not delete or cancel your account within the Notice Period, you shall be deemed to be bound by the Terms as amended. In the event of any conflict between a prior version of the Terms and any such amendment, the amendment will control. No modification to these Terms by any party other than Store389 shall be valid or enforceable against Store389 unless expressly agreed to in writing signed by a duly authorized officer of Store389 may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing Store389 with untrue or inaccurate information about yourself, for infringement upon Store389 proprietary rights, or for any reason whatsoever or for no reason.
- Third-party Tools, Links, and Content. The Site may also incorporate features and services provided by third parties, including payment processing. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. By using this Site, you consent to the use of such third-party tools and agree to their terms and conditions as applicable, as well as the terms herein. We may provide you with access to other third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” and subject to the limitations of liability discussed below without any endorsement. Any use by you of third party tools, links, or content offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
- Disclaimer as to the Site. Store389, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Contents, Comments, data, links, advertisements or other items contained within the Site. Store389 reserves the right to immediately remove any Site Contents or Comments for any reason, or for no reason. Store389 cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Contents, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Contents or Comments and that you may not rely on such Site Contents or Comments. THE SITE, THE SITE CONTENTS, COMMENTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. STORE389 AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENTS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
- Limitation of Liability as to the Site. STORE389 AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, MODIFICATION TO, PRICE CHANGE ON, SUSPENSION OR DISCONTINUANCE OF, OR INABILITY TO USE THE SITE, THE COMMENTS, THE SITE CONTENTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR STORE389 HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF STORE389 AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, COMMENTS, THE SITE CONTENTS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF STORE389 AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). IF YOU ARE DISSATISFIED WITH THE SITE OR WITH ANY OF THESE TERMS, OR FEEL STORE389 has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
- Disclaimer and Limitation of Liability as to Products and Services. The information on this Site is for informational purposes only. Many products are packaged with the manufacturer’s warranty and service information detailing specific terms and conditions. Manufacturers’ warranties may vary from product to product. PRODUCTS AND SERVICES SOLD BY STORE389 ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, STORE389 MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICE SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, STORE389 EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL STORE389, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON THE SITE, EVEN IF IT HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL STORE389 LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF STORE389 AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10).
- Indemnification. You agree to defend, indemnify, and hold harmless Store389, its vendors, owners, affiliates, related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and expert fees), arising out of or relating to your use of the Site, the Site Contents or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Comments, the Site Contents, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to Store389, or any breach by you of these Terms. You may not settle any Claim without the prior written consent of Store389. Store389 or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Store389 or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Store389, subject to the right of Store389 to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
- Internet Security. Store389 uses reasonable efforts to ensure that the Site is generally available. However, there will be occasions when access to the Site will be interrupted or unavailable. Store389 will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that Store389 shall not be liable to you for any modification, suspension or discontinuance of the Site. You understand that the technical processing and transmission of any Site content 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. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to Store389 via the Site or the Internet, including, for example, personal information such as your name or address.
- Applicable Law. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the Camden, New Jersey; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. If any provision of these Terms shall be deemed unlawful, invalid or unenforceable for any reason, then that provision(s) shall be deemed severable from the Terms, and shall not affect the validity or enforceability of the remaining provisions.
- Entire Agreement. These Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by Store389 of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms. Notwithstanding the foregoing, these Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service, except as specifically provided herein. To the extent any area within this Site contains SPECIFIC TERMS AND CONDITIONS concerning use of that particular area of the Site (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
- Acts Beyond Control. Store389 shall not be liable for any nonperformance or delay in performance caused by any act beyond its reasonable control, including but not limited to acts or omissions of third parties, unavailability of supplies, equipment failure, war, strikes, lock-outs, fire, flood, or any other Act of God, any law, regulation, ordinance, or other act or order of any court, government, or governmental agency, or delays, unavailability, errors, or other failures of the Internet or other data networks.
- Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, Store389 makes no representation that the Site, Site Contents, Comments, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of Store389 to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” Questions about these Terms should be sent to us at firstname.lastname@example.org.
Dated: March 13, 2019