Terms of use

Last updated: March 7, 2025

Acceptance of the Terms of Use

These terms of use are entered into by and between you and Finnish Design Shop, Inc. ("Service Provider," "we," or "us"). The following terms and conditions ("Terms of Use") govern your access to and use of finnishdesignshop.com, including any content, functionality, and services offered on or through finnishdesignshop.com (the "Services"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at finnishdesignshop.com/en-us/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services.

The Services are offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend the Services, and any service or material we provide as part of the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Services.

You are responsible for both:

• Making all arrangements necessary for you to have access to the Services.
• Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

To access the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide in order to register is governed by our Privacy policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Service Provider, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material that is part of the Services, except you may download or copy a single copy of such materials for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Services.

If you wish to make any use of material on the site other than that set out in this section, please address your request to: info@finnishdesignshop.com.

No right, title, or interest in or to the Services or any associated content is transferred to you, and all rights not expressly granted are reserved by the Service Provider. Any use of the site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the terms Pelata and Pelata Pieces, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Services.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.

User Contributions

The Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, customer reviews, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the site.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Service Provider, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user.

Monitoring and Enforcement; Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Service Provider.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Reliance on Information Posted

The information presented on or through the site is made available solely for general information purposes. Except as prohibited by applicable New Jersey law, we do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Service Provider, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Service Provider. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes

We may update the content of the Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material offered or displayed as part of the Services may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods or services carried out through the site, or resulting from visits made by you, are governed by these Terms of Use.

Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms of Use, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

Prices and Payment Terms. All prices, discounts, and promotions posted on the site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.

We may offer, from time to time, promotions that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.

Payments and Billing; Accepted Payment Methods. We accept a variety of payment methods for purchases made through our website, including but not limited to credit cards, debit cards, digital wallets, and other payment methods as indicated during checkout. By providing a payment method, you represent and warrant that you are authorized to use the payment method and that you authorize us (or our third-party payment processors) to charge your payment method for the total amount of your order, including any applicable taxes, shipping fees, and other charges.

Payments and Billing; Billing Information. You agree to provide current, complete, and accurate billing and account information for all purchases made through our website. You must promptly update your account and other information, including your email address, payment method details, and billing address, to complete your transactions and contact you as needed. Failure to provide accurate information may result in the cancellation of your order.

Payments and Billing; Prices and Taxes. All prices displayed on our website are in U.S. dollars and are subject to change at any time without notice. The total price of your order will include the product price plus any applicable taxes, shipping charges, and fees, which will be calculated during checkout. You are responsible for paying any applicable local taxes or fees that may be imposed on your order by your jurisdiction.

Payments and Billing; Payment Authorization. By completing a purchase, you authorize us to charge your provided payment method for the total amount of your order. In some cases, we may request additional information to verify your identity or payment details before processing your order. We reserve the right to cancel or refuse any order if payment cannot be processed or if fraud is suspected.

Payments and Billing; Failed Transactions. If your payment method is declined or fails for any reason, we reserve the right to cancel your order. You will be responsible for any fees or charges incurred due to the failed transaction, including any fees charged by your bank or payment provider.

Payments and Billing; Fraud Prevention. We take payment security seriously and may use fraud detection measures to protect against unauthorized transactions. If we detect any suspicious activity, we may cancel your order, refuse to process your payment, or take additional steps to verify your identity. If your account is flagged for potential fraudulent activity, we reserve the right to disable or suspend your account.

Payments and Billing; Third-Party Payment Methods. We may use third-party payment processors to handle transactions made through our website. Your use of such third-party services is subject to their terms and conditions. We are not responsible for errors or security breaches caused by these third-party providers.

Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Title and risk of loss pass to you upon delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

Returns. Except for any products designated as final sale or non-returnable, we will accept a return of the products for a refund of your purchase price, less the original shipping and handling costs provided (i) such return is made within 30 days of delivery, and (ii) such products are returned in their original condition.

You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment.

For more details see Returns & Exchanges

Gift Card Terms and Expiration

We offer gift cards (“Gift Cards”) that can be purchased and redeemed on our website. By purchasing or using a Gift Card, you agree to the following terms and conditions.

Gift Card Redemption. Gift Cards can be used to purchase eligible products on our website. Gift Cards are non-refundable and cannot be redeemed for cash, except where required by law. Gift Cards cannot be used to purchase other Gift Cards.

Expiration. Gift Cards are valid for five (5) years from the date of purchase. Any remaining balance on a Gift Card after the expiration date will be forfeited.

Balance and Usage. You can check your Gift Card balance at any time at checkout by entering the Gift Card code. If your purchase exceeds the balance on your Gift Card, you must pay the remaining amount using another payment method. Gift Cards may be subject to additional restrictions or promotional terms, which will be communicated at the time of purchase.

Lost or Stolen Gift Cards. We are not responsible for lost, stolen, or unauthorized use of Gift Cards. Please treat Gift Cards like cash.

Prohibited Use. Gift Cards may not be resold, transferred, or used for unauthorized purposes. We reserve the right to deactivate or refuse Gift Cards suspected of fraudulent activity or violation of these terms.

Manufacturer's Warranty and Disclaimers

Applicability. This section outlines the warranty terms for products sold through our website to both individual consumers and business customers. The warranty terms may differ depending on whether you are purchasing for personal use or on behalf of a business. Some of the products available on our website are manufactured by us ("Company Products"), while others are provided by third-party manufacturers ("Third-Party Products"). For Company Products, we offer a limited warranty as outlined below. For Third-Party Products, any warranty provided is solely that of the product’s manufacturer, and we do not assume any additional warranty obligations unless explicitly stated.

Warranty for Consumers. If you are purchasing products as an individual consumer, you may be entitled to certain legal warranties or protections under applicable consumer protection laws. Our limited warranty for Company Products covers manufacturing defects under normal use for a specific period as outlined on the product page or packaging. For warranty claims related to Company Products, consumers may contact our customer service team at info@finnishdesignshop.com with proof of purchase and a description of the issue. Our limited warranty for consumers does not cover: (a) normal wear and tear; (b) damage caused by misuse, abuse, or improper handling; (c) unauthorized modifications or repairs; or (d) cosmetic damage that does not affect functionality. EXCEPT AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY, ALL PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES, BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. YOUR LEGAL RIGHTS UNDER CONSUMER PROTECTION LAWS MAY VARY BASED ON YOUR JURISDICTION, AND NOTHING IN THIS CLAUSE LIMITS THOSE RIGHTS WHERE APPLICABLE.

Warranty for Business Customers. If you are purchasing products on behalf of a business, our products are sold “as is” with no implied warranties of merchantability or fitness for a particular purpose, unless a separate written agreement is made between your business and us. For business purchases, any warranties offered on Company Products are limited to the possible refund of the purchase price less the operating benefit. We are not responsible for any indirect, incidental, or consequential damages related to the use of our products in a commercial setting. The following are not covered by our limited warranty for business customers: (a) products used in commercial, industrial, or non-personal environments; (b) loss of business, profits, or data arising from product use or failure; or (c) Third-Party Products sold through our website. Business customers are responsible for ensuring that products are suitable for their intended commercial use and complying with any applicable regulations or standards.

Warranty Claims Process. If a Company Product is found to have a manufacturing defect within the warranty period, we will, at our discretion: (a) repair the product; (b) replace the product with a new or refurbished item; or (c) issue a refund for the purchase price. To submit a warranty claim for a Company Product, please contact our customer service team at [insert contact information] with proof of purchase and a detailed description of the issue.

Limitation of liability. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY DEFECTIVE PRODUCT IS LIMITED TO THE REPAIR, REPLACEMENT, OR REFUND OF THE PRODUCT AS OUTLINED IN OUR WARRANTY TERMS. WE ARE NOT LIABLE FOR: (A) INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, LOST PROFITS OR BUSINESS OPPORTUNITIES; (B) DAMAGE CAUSED BY MISUSE, UNAUTHORIZED REPAIRS, OR MODIFICATIONS; OR (C) DELAYS OR FAILURE TO PERFORM DUE TO EVENTS BEYOND OUR CONTROL. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.

Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY, ALL PRODUCTS ARE SOLD “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PRODUCT DESCRIPTIONS, IMAGES, OR SPECIFICATIONS ON OUR WEBSITE ARE ACCURATE, COMPLETE, OR ERROR-FREE. PRODUCT AVAILABILITY, SPECIFICATIONS, AND PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE.

Goods Not for Resale or Export. If you are purchasing products as an individual consumer, you represent and warrant that you are buying products or services for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.

Additional Terms for Business Customers

In addition to these terms and conditions, business-to-business project service terms and conditions will apply to the provision of project-based services between us and businesses or other non-consumer customers. In case of any discrepancies between the business-to-business project service terms and these terms and conditions, the business-to-business project service terms will apply.

Linking to the Website and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.

The Services may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on this site.
• Send emails or other communications with certain content, or links to certain content, on this site.
• Cause limited portions of content on this site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause this site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of the site other than the homepage.
• Otherwise take any action with respect to the materials on this site that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Loyalty Program

Our Loyalty Program (“Program”) is designed to reward customers for making purchases through our website. By enrolling in the Program, you agree to the terms and conditions of the Program, which govern the accumulation of points, rewards, and the use of the Program.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SERVICE PROVIDER NOR ANY PERSON ASSOCIATED WITH THE SERVICE PROVIDER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE SERVICE PROVIDER NOR ANYONE ASSOCIATED WITH THE SERVICE PROVIDER REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE SERVICE PROVIDER, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITE LINKED TO THE SERVICES, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Service Provider, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the site's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.

Legal Notice to New Jersey Residents

No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Service Provider’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) the Service Provider’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A.56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable to any consumer in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States located in the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Service Provider of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Service Provider to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and the Service Provider regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and use of the site.

If you reside in the U.S. or order items to be shipped to the U.S., these terms of use apply. Please select your shipping country to view the specific terms of use applicable to your region.