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Conditions of Use

TERMS AND CONDITIONS OF USE

Welcome to our online store. We are pleased to provide you with the goods and services described in this site subject to the following conditions. If you visit or shop at this site, you accept these conditions. Please read them carefully. In addition, when you use any current or future options on this site, you also will be subject to the guidelines and conditions applicable to such service or business.

PRIVACY AND ELECTRONIC COMMUNICATION

To understand our practices, please review our Privacy Notice, which also governs your visit to this site. When you visit this site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email 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.

LICENSE AND SITE ACCESS

We grant you a limited license to access and make personal use of this site and not to download (other than page caching) or modify any portion of it, except with our express written consent. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of our trademarks, logos, or other proprietary information (including images, text, page layout, or form) without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by us. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Home page of this site so long as the link does not portray us, our dealers, or our products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link our without express written permission.

YOUR ACCOUNT

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. This site does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use this site only with involvement of a parent or guardian. We, our dealers and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

RISK OF LOSS

All items purchased from this site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

We and our dealers attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by us is not as described, your sole remedy is to return it in unused condition.

PRICING

With respect to items sold by us, we cannot confirm the price of an item until you order; however, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following:

  1. If an item's correct price is lower than our stated price, we will charge the lower amount and ship you the item.
  2. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

NO SPAM POLICY

All persons, businesses, and other entities that send any unsolicited commercial email to any email address containing "starcycle.com", or submit unsolicited commercial communication through any contact forms on starcycle.com, voluntarily enter a contract with Starcycle USA, Inc. and agree to be bound by the terms of the contract and "No Spam Policy" as described herein.

  1. Unless Starcycle USA, Inc. or someone else with an email address including "starcycle.com" has specifically opted in to receive commercial email from you, you understand and agree that neither Starcycle USA, Inc., it's employees, nor anyone else with an email address including "starcycle.com" has ever requested any commercial communication from you, and that any commercial message you send through a contact form or that includes "starcycle.com" in the To, Cc, or Bcc fields that fits these criteria is against the express wishes of the recipient(s).
  2. As consideration for reading your unsolicited commercial email, you agree that any email you send which advertises or promotes any product, service, or Internet destination shall be subject to a $25,000.00 fee for reading and responding appropriately. The fee may be paid in advance at PayPal, or Starcycle USA, Inc. will remit an invoice.
  3. You accept responsibility for any affiliates or marketing agents who promote any product, service, or Internet destination on your behalf.
  4. Concealing your identity increases the fee by $10,000.00 to compensate for the effort to track down the sender.
  5. You may not sell, barter, or give away to any other party any email addresses containing the domain name "starcycle.com." Violation of this clause subjects you to liquidated damages of $10,000.00 or ten (10) times the amount of money you made selling the address(es), whichever is greater.
  6. You agree that California Business & Professions Code §17529.5 is not pre-empted by the Federal CAN-SPAM Act, 15 U.S.C. § 7701 et seq.
  7. In the event that any suit or action is instituted to enforce any provision in this contract, Starcycle USA, Inc. shall be entitled to all costs and expenses of maintaining such suit or action, including reasonable attorneys' fees.
  8. This contract shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, assigns, administrators, executors and other legal representatives.
  9. Any action in respect of or concerning this contract shall be litigated solely in California and both parties consent to jurisdiction in California. This contract shall be governed by, construed and enforced in accordance with the laws of the State of California.
  10. Sending email to or copying to or blind copying to any email address containing the domain name "starcycle.com, sending messages through contact forms on starcycle.com, or similar actions by your affiliates/agents, constitutes voluntary acceptance of these terms.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided on an "as is" and "as available" basis. Neither we nor our dealers makes any representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site. You expressly agree that your use of this site is at your sole risk. To the full extent permissible by applicable law, we and our dealers disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or email sent from us, our dealers, or affiliates free of viruses or other harmful components. We, our dealers, and affiliates will not be liable for any damages of any kind arising from the use of this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. 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.




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