User may pay for certain services through the Website, subject to the terms and conditions set forth in this Section (“Payment”). By making a Payment, User affirms that:
(1) User is at least 18 years of age or of sufficient legal age to form a binding contract with Company;
(2) User is permitted to access or use the Website and complete the Payment; and
(3) User accepts and agrees to be bound by this Agreement.
All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be set out in User’s order confirmation email. Price increases will only apply to orders placed after such changes. Company strives to display accurate price information, however it may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Company reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any Payments arising from such occurrences.
Terms of Payment are within Company’s sole discretion. Payments are made through a third party service provider and are subject to the terms and conditions and privacy policy of such provider. User represents and warrants that:
(1) User’s credit card or bank account information is true, correct, and complete;
(2) User is duly authorized to use such credit card or bank account for the Payment;
(3) charges incurred by User will be honored by User’s credit card company or bank; and
(4) User will pay charges incurred by User at the posted prices, including all applicable taxes, if any, regardless of the amount quoted at the time of User’s order. In the event that Company must pursue legal action in order to collect on balances due, User agrees to reimburse Company for all expenses incurred to recover any and all sums due, including but not limited to all attorney’s fees and other expenses.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH THE WEBSITE: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY’S SOLE AND ENTIRE MAXIMUM LIABILITY WITH RESPECT TO PURCHASES MADE THROUGH THE WEBSITE, AND USER’S SOLE AND EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY USER FOR THE PRODUCTS AND/OR SERVICES USER HAS ORDERED THROUGH THE WEBSITE.
User represents and warrants that is not using the product it purchases for resale or export. User further represents and warrants that all purchases are intended for final delivery to locations within the continental United States.