Joshua Perets and its affiliates and subsidiaries (together, « JP », « our », « us » or « we ») operate the Web Site. For the purposes of these Terms and Conditions, the expression « Web Site » includes one or all of the Web Sites owned and operated by or for the benefit of JP, including https://joshuaperets.com Joshua Perets
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEB SITE. YOUR USE OF THE WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THE WEB SITE.
Products, Content and Specifications: All features, content, specifications, products and prices of products and services described or depicted on the Web Site is subject to change at any time without notice. Certain 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. The inclusion of any products or services on the 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 the Web Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Offer to Purchase: The merchandise shown on the Web Site constitutes invitations made to you so that you may offer to purchase our products and does not constitute an offer to sell. Your duly filled in and completed order form is your offer to purchase the products indicated by your order. Your order will be considered accepted by Joshua Perets only if and when we send you a shipping notification via email. This shipping notification, sent by email, constitutes our acceptance of your offer to purchase and represents a contract with Joshua Perets, who reserves the right to accept or refuse your contract offer.
Shipping Limitations: 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 Site. All purchases from the Web Site are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Web Site 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 Site is complete, accurate and current. Despite our efforts, information on the Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on the Web Site. For example, 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 Site. 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 our acceptance of your offer to buy a product or service from JP. 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.
Use of the Web Site: The design of the Web Site and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or with prior written permission of the owner of such material. The software and other technology components of the Web Site are protected under applicable copyright laws in favor of JP and/or its and suppliers. The contents of the Web Site are protected under applicable copyright laws in favor of JP and/or its suppliers. All rights reserved. You may not modify the information or materials displayed on or that can be downloaded from the Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. 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.
Trademarks: Certain trademarks, trade names, service marks and logos used or displayed on the Web Site are registered and unregistered trademarks, trade names and service marks of JP. Other trademarks, trade names and service marks used or displayed on the Web Site are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on the 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 the Web Site without the express prior written permission of JP or such other owner.
Copyrights: Users of this site providing, without limitation, feedback, data, questions, comments or suggestions to JP transfer and assign any and all rights attached to such feedback, data, questions, comments or suggestions, to JP and further waive any and all moral rights they may have therein. JP shall be free to reproduce, use, disclose and distribute such feedback, data, questions, comments or suggestions to third parties (excepting personal information allowing to identify such users), without limitation. Additionally, JP shall be free to use any ideas, concepts, know-how or techniques contained in such feedback, data, questions, comments or suggestions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and/or services incorporating such feedback, data, questions, comments or suggestions.
Linking to the Web Site: Creating or maintaining any link from another web site to any page on the Web Site without our prior written permission is prohibited. Running or displaying the Web Site or any information or material displayed on the Web Site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to the Web Site must comply will all applicable laws, rule and regulations.
Third Party Links: From time to time, the Web Site may contain links to Web Site that are not owned, operated or controlled by JP. All such links are provided solely as a convenience to you. If you use these links, you will leave the Web Site. Neither we nor any of our respective affiliates or subsidiaries 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 or subsidiaries endorse, guarantee, or make any representations or warranties regarding any other Web Site, or any content, materials or other information located or accessible from any other Web Site, or the results that you may obtain from using any other Web Site. If you decide to access any other Web Site linked to or from the Web Site, you do so entirely at your own risk.
DISCLAIMERS: YOUR USE OF THE WEB SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE ARE PROVIDED « AS IS » WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER JP NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEB SITE MAY BE OUT OF DATE, AND NEITHER JP NOR ANY OF ITS AFFILIATES OR SUBSIDIARIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, 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.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, JP AND ITS AFFILIATES, SUBSIDIARIES AND SUPPLIERS AND VENDORS 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 SITE.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JP, GSI AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES 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. JP AND ITS AFFILIATES AND SUBSIDIARIES MAKE NO WARRANTIES TO THOSE DEFINED AS « CONSUMERS » IN THE US MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT, IF APPLICABLE, OR IN ANY ACT OF A SIMILAR NATURE IN ANY TERRITORY. 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: Neither JP nor any one of its affiliates and subsidiaries assumes any responsibility, and will 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 the Web Site, or your downloading of any information or materials from the Web Site. Additionally, under no circumstances shall JP or any one of its affiliates and subsidiaries be liable for any losses or damages from the use of, or reliance on, the information, or use of the Web Site. JP and its affiliates and subsidiaries make no warranty, or guarantee as to the content, accuracy, timeliness or completeness of the information or that the information may be relied upon for any reason.
IN NO EVENT WILL JP OR ANY ONE OF ITS AFFILIATES AND SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, SUBSIDIARIES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE 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 THE WEB SITE, ANY WEB SITE LINKED TO THE WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITE, 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 THE WEB SITE 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 TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEB SITE. YOU FURTHER AGREE TO DEFEND, INDEMNIFY, AND HOLD JP AND ITS AFFILIATES AND SUBSIDIARIES HARMLESS FROM ANY AND ALL LIABILITIES, COSTS, EXPENSES, AND ATTORNEYS’ FEES, ARISING FROM THE USE OF THE WEB SITE.
Revisions to these Terms and Conditions: These Terms and Conditions may be revised 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 legal notices or terms located on particular pages of the Web Site.