These Terms and Conditions are effective on February, 2019.
These Services and the Content (as defined below) are intended solely for personal and non-commercial use by you. Any use of these Services or the Content other than for personal and non-commercial purposes is prohibited.
You agree that by using the Services and registering for membership, you are at least 18 years of age, or visiting under the supervision and consent of a parent or guardian, and legally able to enter into a contract.
ORDERS; TERMS OF SALE
By placing an order with us, you are (i) offering to purchase a product and/or service, (ii) representing that you are at least 18 years old, (iii) representing that all information you provide to us in connection with such order is true and accurate, and (iv) representing that you are an authorized user of the payment method provided. When you send us your order, we may verify certain items before the order is fulfilled, including without limitation your personal information, your payment information and your creditworthiness. We reserve the right to: (a) refuse any order you place with us; (b) correct any errors, inaccuracies or omissions (including but not limited to the price) with regard to the products or services offered; (c) change or update information in connection with any products or services offered; and (d) modify or cancel your order, whether or not the order has been confirmed, each at any time without notice to you (including after you have submitted your order) and without liability to you. If we modify your order, we will attempt to give you prior notice of this and provide you with the opportunity to cancel the order in its entirety. If we cancel your order, we will attempt to notify you by contacting you via the contact information you provided at the time the order was made. In addition, we may contact you via such contact information if we wish to notify you of product recalls related to products made available through the Services. We reserve the right to limit, reject, modify, or cancel orders for any reason or no reason, including if we determine or suspect, in our sole judgment, that (i) the order appears to be placed by unauthorized parties, including resellers, or (ii) there is fraudulent activity in connection with such order. If your payment method has already been charged for an order that is later modified or cancelled, Guyon West shall issue you a refund in the amount of the price you paid back to your original method of payment. We apologize for any inconvenience this may cause you.
PRODUCT & PRICING INFORMATION
All prices and products advertised on the Services, including rewards programs and subscription terms and offers, are subject to change. Although the Services are composed with care, it may happen that the pricing information on the Services contains errors. We are not bound by our offer or any prices on the Services and we therefore reserve the right to modify or cancel your purchase in the event of spelling, pricing, product recalls, or other errors on the Services. All prices displayed on the Services are quoted in US Dollars ($). Shipping costs are applied per order and depend on where your order is shipped to and by which method. Shipping costs and all other applicable taxes, fees or charges of any nature shall be added to the total amount of your purchase and will be displayed during checkout. The images and descriptions of the products on our Services are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer’s display of the colors accurately reflects the actual colors or other appearances of the product(s). Your product(s) and the packaging of your product(s) may vary from that shown on images on our Services.
LIMITED LICENSE GRANT AND OWNERSHIP
LICENSE LIMITATIONS AND USER CONDUCT
REGISTRATION AND ACCOUNTS
GIFT CARDS AND PROMOTIONS
In certain instances, we may allow you to redeem Guyon West gift cards (“Gift Cards”) towards the purchase of certain eligible products or services on the Services. We reserve the right to designate specific products or services as ineligible for purchase using Gift Cards. We assume no responsibility for any lost, stolen, destroyed or used without your permission. Gift Cards may not be reloaded, resold, transferred for value or redeemed for cash, except to the extent required by law. Purchase amounts that exceed your Gift Card balance will require that the remaining balance due be paid with another acceptable payment method. Gift Cards are not returnable, cancelable or exchangeable after purchase for cash, except in states where required by law. Gift Cards issued after October 1, 2005 do not expire and may be applied to eligible purchases despite any stated expiration date. Expiration dates also do not apply for the portion of Gift Cards issued prior to October 1, 2005 in CA, CT, LA, ME, MD, MA, MT, NH, ND, OK, RI, VT, WA, or in any other jurisdiction solely to the extent prohibited or limited by law. All other Gift Cards issued prior to October 1, 2005 expire in accordance with their stated terms. Any and all offers or promotions advertised or made available on the Services are void where prohibited, and are subject to the posting of additional rules and conditions that may apply to such offers or promotions, including by third parties that may be operating such promotions. Guyon West reserves the right to close Accounts and request alternative forms of payment if a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Services.
BILLING AND PAYMENTS
We accept the following bank or credit cards: Visa, MasterCard, American Express and Discover. You may be charged local tax, if applicable. If your payment method is declined, we will attempt to process your charge until the transaction is approved. If we are unable to complete the transaction, our Concierge team may contact you directly to update your Account information. We are not responsible for any fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer reverses a charge to your credit card, we may bill your Account directly and seek payment by another method including a mailed statement. The risk of loss and title for items purchased by you passes to you upon our delivery of the items to the carrier. Replacement of products and credits to your Account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your Account at our discretion. If you would like to exchange or return a product, please contact us by email or phone at the details you will find in the contact page of this website If you would like to exchange your product for a different one, we’ll happily accommodate you under our exchange policy. Our team will immediately ship out the product you’d like and give you up to ten business days to return the product with which you were not satisfied. (Please note: as with returns, exchanges may be subject to a restocking fee).
EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED, THE SERVICES (INCLUDING THE CONTENT) AND THE PRODUCTS OFFERED ON THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, UNLESS SPECIFICALLY SET FORTH OTHERWISE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Guyon West DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Guyon West DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED OR THAT THE SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR MALICIOUS CODE. Guyon West DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OR EXCLUSIONS ON WARRANTIES SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES ARE AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Guyon West OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW IN YOUR APPLICABLE JURISDICTION, GUYON WEST SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES) THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SERVICES OR MATERIALS ON THE SERVICES, EVEN IF Guyon West HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we have the right to refuse or cancel any orders placed for product listed at the incorrect price, whether or not the order has been confirmed and your bank or credit card charged. If your bank or credit card has already been charged for the purchase and your order is canceled, we will immediately issue a credit to your bank or credit card Account in the amount of the charge.
THIRD-PARTY LINKS AND SITES
The Services may link to other websites operated by third parties. We have no control over these linked sites, each of which have separate privacy and data collection practices independent of Guyon West. We are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site or any changes or updates to such sites. These linked sites are only for your convenience and you access them at your own risk. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that we are not responsible for any loss or damage you may incur from dealing with such a third party site. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.
AFFILIATE LINKS AND SITES
Guyon West is an affiliate marketer with links to online retailers on our website. When people read what I’ve written about a particular product and then click on those links and buy something from a retailer, Guyon West earns a commission from the retailers.
We welcome your feedback and comments regarding our products and services. However, we cannot accept or consider creative ideas, suggestions or materials, and we ask that you not submit any creative ideas, suggestions or materials of any kind to us (“Feedback”). We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Guyon West’s or its affiliates’ professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you not send us any Feedback, including original creative materials of any kind, including show designs, photographs, drawings or original artwork. If you send us any Feedback, whether solicited or not, you acknowledge and agree that we may treat the Feedback to be non-confidential and non-proprietary in each instance and in all respects, and that we shall have the right to use and exploit such Feedback in any manner and for any use without any further obligation to you as the submitter of the Feedback. All Feedback made by you shall be the sole property of Guyon West and will not be acknowledged or returned. You agree and understand that we are not obligated to use any Feedback you submit and you have no right to compel such use. You hereby irrevocably waive, release and give up any claim that any use of such Feedback violates any of your rights including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights or right to credit for the material or ideas.
Users of the Services may be permitted to post reviews, comments, data, photos, images, and other information (“User Content”). You may not submit User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), inaccurate, slanderous, misleading, or otherwise injurious to third parties or objectionable. You may not submit User Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You hereby irrevocably grant to Guyon West the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, sublicense (including to other users of the Services), translate, incorporate, create derivative works from, distribute and otherwise use your User Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit. As part of the foregoing license grant, you agree that other users of our Services will also have the right to view your Use Content and/or to use, publish, display, or modify your User Content through their use of the Services. By submitting User Content to us, you represent that such submission is original to you and does not conflict with, violate or infringe upon the rights of any third parties including, without limitation, any intellectual property rights and rights of publicity and/or privacy. To the maximum extent possible under applicable law, Guyon West takes no responsibility and assumes no liability for any User Content posted, published, displayed or uploaded by you on the Services, or for any loss or damage thereto. Guyon West has no obligation to screen, edit or monitor any of the User Content posted, published, displayed or uploaded to or through the Services, but we do reserve the option and right, at our sole discretion, to remove or modify any User Content posted or stored on the Services in our sole discretion and without any prior notice of any type. You hereby acknowledge and agree that your relationship with us is not a confidential, fiduciary or other special relationship, and that your decision to submit Feedback or User Content does not place us in a position that is any different from the position held by members of the general public with regard to your Feedback or User Content. You understand and acknowledge that we have broad access to ideas, products designs and other materials related to our business, and that new ideas, products, designs and other materials are constantly submitted to us or being developed by our own personnel. Many submissions that we receive or ideas, products, designs and materials that are independently developed by us may be competitive with, similar or identical to your Feedback or User Content. You acknowledge and agree that you will not be entitled to any compensation as a result of our use of any such similar or identical submission or independently developed ideas, products, designs or materials. You acknowledge that, with respect to any claim you may have relating to or arising out of our actual or alleged exploitation or use of any Feedback or User Content you submit, the damage, if any, caused thereby will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the production, distribution, exhibition or other exploitation of any production based on or allegedly based on your submission, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Anyone who believes that his or her work has been reproduced in the Services in a manner which constitutes copyright infringement may submit a notification to Guyon West’s copyright agent in accordance with Section 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: • identification of the copyrighted work that is claimed to be infringed; • identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services; • information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; • a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; • a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid. Notices of infringement claims should be sent by mail to: Guyon West, 2410 Cades Way, Suite A. Vista, CA 92081 – USA. Guyon West will use commercially reasonable efforts to respond expeditiously to claims of copyright infringement using the Services that are reported to Guyon West’s copyright agent in the notification explained above. It is Guyon West’s policy, in appropriate circumstances and at its discretion, to disable or terminate the Accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
ARBITRATION AND CLASS ACTION WAIVER
If you do not want to arbitrate disputes with Guyon West and you are an individual, you may opt out of the below arbitration agreement by sending a mail at :
Guyon West, 2410 Cades Way, Suite A. Vista, CA 92081 – USA
within thirty (30) days of the date you access or use the Services.
GENERAL LEGAL PROVISIONS
Guyon West phone:
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