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Terms of Use


This website (the “Website”) is operated by Another Garde, Inc. Throughout the Website, the terms “we”, “us” and “our” refer to Another Garde, Inc. or its affiliates.  


BY USING THIS WEBSITE IN ANY WAY, YOU ARE AGREEING TO THESE TERMS OF USE (THE “TERMS”) BELOW AS WELL AS OUR PRIVACY POLICY, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME.  In addition, when using particular parts of this Website you agree to abide by any applicable posted guidelines for those services or products.  


SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THESE TERMS OR PRIVACY POLICY, YOU MAY NOT ACCESS OR USE THIS WEBSITE.


We may modify these Terms at any time without notice, effective upon its posting to the Website. Your continued use of the Website after such modification constitutes your acceptance to the updated Terms.


General Conditions


We reserve the right to refuse service to anyone for any reason at any time.  You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.  You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website, without express written permission by us. Prices for our products are subject to change without notice.


We reserve the right at any time to modify or discontinue the Website (or any part or content thereof) without notice at any time.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website.


The products or services we make available through the Website may have limited quantities and are subject to return or exchange only according to our Return Policy.  We have made every effort to display as accurately as possible the colors and images of our products that appear on our Website. We cannot guarantee that your computer monitor's display of any product or services will be accurate and/or represent the actual color.  We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction, to limit the quantities of any product or service or to refuse to provide any products or services in our sole discretion. We may exercise this right on a case-by-case basis. The receipt of an e-mail order confirmation does not constitute acceptance of an order or a confirmation or an offer to sell. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this Website is void where prohibited.  We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations (other than the warranty contained with regard to the specific purchase of the product or service), or that any errors in the Website will be corrected.


We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.


You agree to provide current, complete and accurate purchase and account information for all purchases made from us. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


For more detail, please review our Returns Policy.


Establishing an Account


Users of all ages are welcome to browse the Website however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Website and in order to access/use some features on the Website, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.


Ownership of Website Content


All content displayed on or through the Website including but not limited to descriptions, photos, videos, and other content, is subject to copyright and other applicable law and is owned exclusively by us, our affiliates and/or our third party suppliers. Any reproduction, modification, display or creation of derivative works from or redistribution of any content on the Website, and/or copying of any content is prohibited, without our written permission, including the Website and any part thereof.


You may not use the Website for any commercial purposes, including the promotion or advertisement of any goods, services or opportunities, and you may not use the Website to solicit our visitors or users to visit or subscribe to, or otherwise create any relationship with any other website or organization, and/or collect or store personal data or attempt to collect or store personal data about other users of the Website.


Trademarks


We or our third party suppliers may display trademarks on this Website, which are registered in the United States and internationally. All trademarks are the sole property of their respective owners. You may not use the trademarks for any reason.


Prohibited Uses


In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others or privacy or other proprietary rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website, any related website, other third-party websites, or the Internet.


Postings


You acknowledge that you are responsible for any information, profiles, text, photos, video, music, sounds, or other content or materials (“User Content”) that you submit, upload, post or otherwise provide or make available to us, on or through the Website or otherwise (“Postings”), including User Content that is on third party companies’ websites (including social media websites such as Facebook, Pinterest, etc.) and that may refer to us or otherwise be related to us.  By making a Posting, you hereby grant to us a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any User Content, as well as your personal information (name, profile, image, bio, etc.) in any manner, and in any and all forms of media or technology or otherwise, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You may not falsify or cover your identity.  We may or may not display, feature or use any Posting in our sole discretion and we may edit any Posting in our sole discretion and use all or a part of a Posting in any manner in our sole discretion.


All Postings may be used on our Website or in our marketing materials (whether online or offline). You may only make a Posting if you are 18 years of age or over. If your Posting is selected to be used by us, it may be displayed for other users to see, together with your personal information.  Any ideas, concepts or know-how derived from the Postings may be used by us in any manner.


By making a Posting, you represent and warrant that (i) you own or otherwise control any rights to your Posting and any and all elements thereof; (ii) you have the rights from any and all third parties appearing in such Posting to grant the license contained in these Terms for such third parties' names, images or likenesses and any other third party-owned elements as part of your Posting, (iii) the Posting will not infringe or violate the rights of any third parties, including, but not limited to, intellectual property, privacy, publicity, confidentiality or other proprietary rights; (iv) your posting complies with all applicable laws, rules and regulations and all privacy polices (including spam and similar legal rules), and any third party agreements to which you are subject; and (v) your posting does not contain software viruses, bots, or other viruses intended to disable software.


You acknowledge and agree that we shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Posting.


Feedback


Any questions, opinions,  comments, suggestions, or other information (“Feedback”) about our Website or the products or services we sell or otherwise display shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation.  We prohibit you from sending us any information that you consider to be confidential or proprietary through this Website.  However, if you do send us any such information or material, the information will be non-confidential and non-proprietary, and we can fully exploit the information without any obligation or liabilities to you.


You understand that all User Content and Feedback  posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content and Feedback originated, and we do not control or have responsibility for it.  All use of Postings and Feedback is at your discretion and risk.  


External Sites


The Website may contain links to other websites on the Internet that are owned and operated by third party vendors and other third parties. You acknowledge that we are not responsible for the unavailability of, or the content located on or through, any third party website.


Copyright


If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Website in a manner that constitutes copyright infringement, please inform us by sending written notice by U.S. Mail to Another Garde, Inc. ,318 W 118th st, New york, NY 10026.  The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).


  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
  3. Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.  


Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere on the Website.  This Website is protected under copyright law and all rights reserved except as expressly provided herein. Individual documents may contain different copyright notices and/or additional proprietary notices.


Disclaimers


Throughout our Website, we may provide links and pointers to Internet websites maintained by third parties. Our linking to such third-party websites does not imply an endorsement or sponsorship of those websites, or the information, products or services offered on or through those websites. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through our Website or on websites linked to by us.


OUR WEBSITE AND THE INFORMATION OFFERED ON OR THROUGH WEBSITE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU UNDERSTAND THAT YOUR USE OF OUR WEBSITE AND ANY THIRD PARTY WEBSITE IS AT YOUR SOLE RISK.


TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,  WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, INCLUDING AREAS WHERE REVIEWS OR POSTING ARE DISPLAYED, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.


WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR CONTENT ON THE WEBSITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.  IN PARTICULAR, WE DO NOT DO NOT REPRESENT OR WARRANT TO YOU THAT:


(A) YOUR USE OF THE WEBSITE OR ITS SERVICES WILL MEET YOUR REQUIREMENTS,


(B) YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,


(C) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE WEBSITE OR ITS SERVICES WILL BE CORRECTED.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.


You must provide and are solely responsible for all hardware and/or software necessary to access the Website. Use of the Website is at your discretion and loss, and you assume the entire cost of and responsibility for any damage to, and all necessary maintenance, repair or correction of, that hardware and/or software.


Limitation of Liability; Indemnity


UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL ACTS, SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION, OR ANY LOSS OF DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM ANY ASPECT, INCLUDING WITHOUT LIMITATION, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE WEBSITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE WEBSITE, OR WITH ANY OF THE WEBSITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.  NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OF YOUR USE OF THE WEBSITE MAY BE BROUGHT BY YOU OR US MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION HAS OCCURRED.  


You agree to indemnify and hold us, our affiliates, and our respective directors, officers, agents, service providers, vendors, suppliers and employees and each of their successors and assigns, harmless from any claim, damages, costs, fees, penalties, demand or other amounts, including reasonable attorney fees and court costs, brought by  or incurred from any third party due to or arising out of your use of the Website, your violation of these Terms, your violation or law, your breach of any of the representations and warranties herein, the content of your Postings or User Content, or your violation of any rights of another (including any infringement of intellectual property, privacy or proprietary rights).


Termination


We may cancel or terminate your right to use the Website or any part of the Website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website (or the entire Website) affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Website, and the disclaimers and limitations of liabilities set forth in these Terms shall survive.


Interstate Commerce


In using the Website or services, you will cause communications to be sent through our computer networks, portions of which are located around the United States and possibly abroad. As a result, communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission.  You acknowledge that use of the Website results in interstate data transmissions.


Our Website may allow you and the people with whom you communicate to save your conversations in our or third party servers.  This means you can access and search your message history from any computer with access to the Internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account. Your use of the Website allows us to store these communications and to allow us to send you notices through our email service.


Other


The Terms constitute a binding agreement at law and together with the Return Policy and Privacy Policy, constitutes the entire agreement between us and you with respect to the subject matter contained in these Terms and supersedes all previous and contemporaneous agreements, proposals and communications, written oral.  We may provide you notices from time to time, and you consent to our doing so by either email, regular mail or posting on the Website regardless of the manner you typically communicate with us.  You also may be subject to additional terms and conditions that may apply when you use the products or services of a third party that are provided through the Website.  In the event of any conflict between any such third-party terms and conditions and these Terms, these Terms shall govern.  If we do not exercise or enforce any legal right or remedy in these Terms, this will not be deemed to be a formal waiver of our rights, and all rights and remedies under law and equity will still be available to us. These Terms and our relationship shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of law.  Any dispute or claim arising out of or relating to the Website or our relationship will be resolved exclusively in the Federal or state courts located in New York, New York.  You  hereby waive any objection to the jurisdiction and/or venue of such courts.  You and we both waive the right to pursue claims on a class or representative basis.  You must first present any claim or dispute to us by contacting us in writing at the address contained on your invoice, to allow an opportunity to resolve the dispute. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.   


Information for International Users.  This Website is operated from the United States.  Recognizing the global nature of the Internet, you agree to comply with all federal, state and local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.

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