Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
YOUR USE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE
FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND
CONDITIONS, DO NOT USE THIS WEB SITE. PLEASE ALSO READ OUR PRIVACY POLICY
WHICH ALSO GOVERNS YOUR USE OF THIS WEB SITE.

  • Products, Content and Specifications. All features, content, specifications, and products and prices
    of products and services described or depicted on this Web Site are 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 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.
    The inclusion of any products or services in this Web Site 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 this Web
    Site. By placing an order, you represent that the products ordered will be used only in a lawful
    manner.
  • Use of this Web Site. The Web Site design and all text, graphics, information, designs, logos,
    content, and other material displayed on or that can be downloaded from this Web Site are either
    the property of, or used with permission by Tribee LLC and are protected by U.S. and
    International copyright, trademark and other laws and may not be used except as permitted in
    these Terms and Conditions or with the prior written permission of the owner of such material.
    You may not modify the information or materials located on this Web Site in any way or reproduce
    or publicly display, perform, or distribute or otherwise use any such materials for any public or
    commercial purpose. All software used on this site is the property of Tribee LLC, or our software
    suppliers and is protected by U.S. and International copyright laws. Any unauthorized use of any
    such information or materials may violate copyright laws, trademark laws, laws of privacy and
    publicity, and other laws and regulations. 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.
  • Electronic Communications. 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. 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.
  • International Access. This Site may be accessed from countries other than the United States. This
    Site 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.
  • Trademarks. Certain trademarks, trade names, service marks and logos used or displayed on this
    Web Site 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 this Web Site are the registered and unregistered trademarks, trade names and
    service marks of their respective owners. Nothing contained on this Web Site 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 this Web Site without our written
    permission or the written permission of such third party owner.
  • Linking to this Web Site. Creating or maintaining any link from another Web site to any page on
    this Web Site without our prior written permission is prohibited. Running or displaying this Web
    Site or any material displayed on this Web Site in frames or through similar means on another Web
    site without our prior written permission is prohibited. Any permitted links to this Web Site 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, this Web Site 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 this Web Site. 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 this Web Site,
    you do so entirely at your own risk.
  • Inappropriate Material. You are prohibited from posting or transmitting any unlawful, threatening,
    defamatory, libelous, obscene, pornographic or profane material 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 this Web Site 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.
  • Gift Certificates. Gift certificates can only be redeemed via purchases made on this website, 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.
  • User Information. Other than personally identifiable information, which is subject to this Web
    Site’s Privacy Policy, any material, information, suggestions, ideas, concepts, know-how,
    techniques, questions, comments or other communication you transmit or post to this Web Site in
    any manner (“User Communications”) is and will be considered non-confidential and nonproprietary.
    We, each of our affiliates and/or our designees may use any or all User
    Communications for any purpose whatsoever, including, without limitation, reproduction,
    transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in
    any manner whatsoever for any or all commercial or non-commercial purposes, without payment
    of any consideration to you. We may, but are not obligated to, monitor or review any User
    Communications. We shall have no obligation to use, return, review, or respond to any User
    Communications. We will have no liability related to the content of any such User
    Communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or
    otherwise. We retain the right to remove any or all User Communications that includes any
    material we deem inappropriate or unacceptable.
  • DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR RISK. THE MATERIALS
    AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED
    “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF
    MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT
    OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR
    AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR
    SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR
    THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF
    THEIR AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE
    SUCH MATERIALS OR SERVICES. 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. We assume no responsibility, and shall not be liable for, any
    damages to, or viruses that may infect, your computer, telecommunication equipment, or other
    property caused by or arising from your access to, use of, or browsing this Web Site or your
    downloading of any materials, from this Web Site. IN NO EVENT WILL WE, OUR
    RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES,
    PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR
    ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF
    THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE,
    INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
    THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION)
    ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS
    WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS,
    INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES,
    WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL
    THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH
    DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE
    EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY
    SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE
THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE.

  • 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 this Web Site.
  • 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.
  • Indemnification. You agree to defend, indemnify and hold TRIBEE LLC, Inc. 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.
  • Termination. You or we may suspend or terminate your account or your use of this Web Site 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 this Web Site at any time without notice.
  • Additional Assistance. 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.