Terms of Service

OVERVIEW

This website is operated by Culcita LLC. Throughout  the site, the terms “we”, “us” and “our” refer to Culcita. Culcita  offers this website, including all information, tools and services  available from this site to you, the user, conditioned upon your  acceptance of all terms, conditions, policies and notices stated here.

By  visiting our site and/ or purchasing something from us, you engage in  our “Service” and agree to be bound by the following terms and  conditions (“Terms of Service”, “Terms”), including those additional  terms and conditions and policies referenced herein and/or available by  hyperlink. These Terms of Service apply  to all users of the site,  including without limitation users who are browsers, vendors, customers,  merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By  accessing or using any part of the site, you agree to be bound by these  Terms of Service. If you do not agree to all the terms and conditions of  this agreement, then you may not access the website or use any  services. If these Terms of Service are considered an offer, acceptance  is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to  the Terms of Service. You can review the most current version of the  Terms of Service at any time on this page. We reserve the right to  update, change or replace any part of these Terms of Service by posting  updates and/or changes to our website. It is your responsibility to  check this page periodically for changes. Your continued use of or  access to the website following the posting of any changes constitutes  acceptance of those changes.

Our store is hosted on CrateJoy.  They provide us with the online e-commerce platform that allows us to  sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least  the age of majority in your state or province of residence, or that you  are the age of majority in your state or province of residence and you  have given us your consent to allow any of your minor dependents to use  this site. You may not use our products for any illegal or unauthorized purpose  nor may you, in the use of the Service, violate any laws in your  jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - 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  Service, use of the Service, or access to the Service or any contact on  the website through which the service is provided, without express  written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We  are not responsible if information made available on this site is not  accurate, complete or current. The material on this site is provided for  general information only and should not be relied upon or used as the  sole basis for making decisions without consulting primary, more  accurate, more complete or more timely sources of information. Any  reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical  information, necessarily, is not current and is provided for your  reference only. We reserve the right to modify the contents of this site  at any time, but we have no obligation to update any information on our  site. You agree that it is your responsibility to monitor changes to  our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.
We  reserve the right at any time to modify or discontinue the Service (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 Service.

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

Certain  products or services may be available exclusively online through the  website. These products or services 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 at the store. We cannot  guarantee that your computer monitor's display of any color will be  accurate. We reserve the right, but are not obligated, to limit the sales of  our products or Services to any person, geographic region or  jurisdiction. We may exercise this right on a case-by-case basis. We  reserve the right to limit the quantities of any products or services  that we offer. All descriptions of products or product pricing are  subject to change at anytime without notice, at the sole discretion of  us. We reserve the right to discontinue any product at any time. Any  offer for any product or service made on this site 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, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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 at  our store. 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.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as  is” and “as available” without any warranties, representations or  conditions of any kind and without any endorsement. We shall have no  liability whatsoever arising from or relating to your use of optional  third-party tools. Any use by you of optional tools offered through the site is entirely  at your own risk and discretion and you should ensure that you are  familiar with and approve of the terms on which tools are provided by  the relevant third-party provider(s).
We may also, in the future,  offer new services and/or features through the website (including, the  release of new tools and resources). Such new features and/or services  shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites  that are not affiliated with us. We are not responsible for examining  or evaluating the content or accuracy and we do not warrant and will not  have any liability or responsibility for any third-party materials or  websites, or for any other materials, products, or services of  third-parties. We are not liable for any harm or damages related to the purchase or  use of goods, services, resources, content, or any other transactions  made in connection with any third-party websites. Please review  carefully the third-party's policies and practices and make sure you  understand them before you engage in any transaction. Complaints,  claims, concerns, or questions regarding third-party products should be  directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If,  at our request, you send certain specific submissions (for example  contest entries) or without a request from us you send creative ideas,  suggestions, proposals, plans, or other materials, whether online, by  email, by postal mail, or otherwise (collectively, 'comments'), you  agree that we may, at any time, without restriction, edit, copy,  publish, distribute, translate and otherwise use in any medium any  comments that you forward to us. We are and shall be under no obligation  (1) to maintain any comments in confidence; (2) to pay compensation for  any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content  that we determine in our sole discretion are unlawful, offensive,  threatening, libelous, defamatory, pornographic, obscene or otherwise  objectionable or violates any party’s intellectual property or these  Terms of Service. You agree that your comments will not violate any right of any  third-party, including copyright, trademark, privacy, personality or  other personal or proprietary right. You further agree that your  comments will not contain libelous or otherwise unlawful, abusive or  obscene material, or contain any computer virus or other malware that  could in any way affect the operation of the Service or any related  website. You may not use a false e-mail address, pretend to be someone  other than yourself, or otherwise mislead us or third-parties as to the  origin of any comments. You are solely responsible for any comments you  make and their accuracy. We take no responsibility and assume no  liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally  there may be information on our site or in the Service that contains  typographical errors, inaccuracies or omissions that may relate to  product descriptions, pricing, promotions, offers, product shipping  charges, transit times and availability. We reserve the right to correct  any errors, inaccuracies or omissions, and to change or update  information or cancel orders if any information in the Service or on any  related website is inaccurate at any time without prior notice  (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in  the Service or on any related website, including without limitation,  pricing information, except as required by law. No specified update or  refresh date applied in the Service or on any related website, should be  taken to indicate that all information in the Service or on any related  website has been modified or updated.

SECTION 12 - PROHIBITED USES

In  addition to other prohibitions as set forth in the Terms of Service,  you are prohibited from using the site 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; (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 Service or any related website, other  websites, or the Internet. We reserve the right to terminate your use of  the Service or any related website for violating any of the prohibited  uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for  indefinite periods of time or cancel the service at any time, without  notice to you. You expressly agree that your use of, or inability to use, the  service is at your sole risk. The service and all products and services  delivered to you through the service are (except as expressly stated by  us) provided 'as is' and 'as available' for your use, without any  representation, warranties or conditions of any kind, either express or  implied, including all implied warranties or conditions of  merchantability, merchantable quality, fitness for a particular purpose,  durability, title, and non-infringement.
In no case shall Culcita,  our directors, officers, employees, affiliates, agents, contractors,  interns, suppliers, service providers or licensors be liable for any  injury, loss, claim, or any direct, indirect, incidental, punitive,  special, or consequential damages of any kind, including, without  limitation lost profits, lost revenue, lost savings, loss of data,  replacement costs, or any similar damages, whether based in contract,  tort (including negligence), strict liability or otherwise, arising from  your use of any of the service or any products procured using the  service, or for any other claim related in any way to your use of the  service or any product, including, but not limited to, any errors or  omissions in any content, or any loss or damage of any kind incurred as a  result of the use of the service or any content (or product) posted,  transmitted, or otherwise made available via the service, even if  advised of their possibility. Because some states or jurisdictions do  not allow the exclusion or the limitation of liability for consequential  or incidental damages, in such states or jurisdictions, our liability  shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You  agree to indemnify, defend and hold harmless Culcita and our parent,  subsidiaries, affiliates, partners, officers, directors, agents,  contractors, licensors, service providers, subcontractors, suppliers,  interns and employees, harmless from any claim or demand, including  reasonable attorneys’ fees, made by any third-party due to or arising  out of your breach of these Terms of Service or the documents they  incorporate by reference, or your violation of any law or the rights of a  third-party.

SECTION 15 - SEVERABILITY

In the event that  any provision of these Terms of Service is determined to be unlawful,  void or unenforceable, such provision shall nonetheless be enforceable  to the fullest extent permitted by applicable law, and the unenforceable  portion shall be deemed to be severed from these Terms of Service, such  determination shall not affect the validity and enforceability of any  other remaining provisions.

SECTION 16 - TERMINATION

The  obligations and liabilities of the parties incurred prior to the  termination date shall survive the termination of this agreement for all  purposes. These Terms of Service are effective unless and until terminated by  either you or us. You may terminate these Terms of Service at any time  by notifying us that you no longer wish to use our Services, or when you  cease using our site. If in our sole judgment you fail, or we suspect that you have failed,  to comply with any term or provision of these Terms of Service, we also  may terminate this agreement at any time without notice and you will  remain liable for all amounts due up to and including the date of  termination; and/or accordingly may deny you access to our Services (or  any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The  failure of us to exercise or enforce any right or provision of these  Terms of Service shall not constitute a waiver of such right or  provision. These Terms of Service and any policies or operating rules posted by  us on this site or in respect to The Service constitutes the entire  agreement and understanding between you and us and govern your use of  the Service, superseding any prior or contemporaneous agreements,  communications and proposals, whether oral or written, between you and  us (including, but not limited to, any prior versions of the Terms of  Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These  Terms of Service and any separate agreements whereby we provide you  Services shall be governed by and construed in accordance with the laws  of PO Box 1197, Columbus Montana US 59019.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or  replace any part of these Terms of Service by posting updates and  changes to our website. It is your responsibility to check our website  periodically for changes. Your continued use of or access to our website  or the Service following the posting of any changes to these Terms of  Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at [email protected].