These Terms and Conditions (“Terms”) apply to your use of this website, any associated mobile sites, services, (“Sites”). Please review these Terms carefully, as they affect your legal rights. Your use of the Sites constitutes your agreement and acceptance of the Terms. If at any time you do not accept the Terms, stop using the Sites. As used in these Terms, “WARMBOND,” “us,” “our,” or “we” refers to WARMBOND, which owns and operates the Sites. “You” and “Your” mean the user(s) of the Sites.
Permitted UsesYou may use the Sites or your account only in compliance with these Terms and all applicable laws. You may not use the Sites in any manner that could harm WARMBOND, its affiliates, its brands, or any person or property. In addition, you must not:
- reverse engineer, decompile, disassemble, or make any attempts to discover the source code or algorithms of our Sites.
- modify or disable any features of our Sites.
- create any derivative works based on our Sites.
- rent, lease, lend, sublicense, or provide any commercial hosting services using our Sites.
- infringe our intellectual property rights or the rights of anyone else while using our Sites.
- use our Sites in any way that violates these Terms or any laws, rules, regulations, codes of practices, guidelines or any other requirements of regulatory authorities, as amended from time to time, within the jurisdiction in which you are a resident or from which you are using the Sites (“Applicable Law”).
- use our Sites in any fraudulent or malicious way, for example to introduce viruses, malicious code, or harmful data.
- use our Sites in any way that could damage, disable, overburden, impair, or compromise our systems or security, or interfere with other users of our Sites.
- collect or harvest any information or data from our Sites or systems or attempt to decipher any transmissions to or from the servers running our Sites, except to the extent allowed by Applicable Law.
Copyrights, Trademarks, and Patents
All content on the Sites (including but not limited to graphics, drawings, design, text, selection, and arrangement) is protected by copyright laws. We grant you permission to use the Sites and its contents for your own personal use. You may not access, download, copy, modify, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any part of the content or Sites for commercial purposes, whether on behalf of yourself or a third party.All trademarks, service marks, and trade names are trademarks or registered trademarks of WARMBOND.
The Sites may allow you to share things like comments, photos, messages, or documents with us or with other users. When you share content, you continue to own the intellectual property rights to your content and you are free to share the content with anyone else wherever you want. However, to use your content on our Sites, you need to grant us a license for any content that you create or upload using our Sites. When you upload, transmit, create, post, display or otherwise provide any information, materials, documents, media files or other content on or through our Sites (“User Content”) you grant us an irrevocable, unlimited, worldwide, royalty-free, and non-exclusive license to copy, reproduce, adapt, modify, edit, distribute, translate, publish, publicly perform and publicly display the User Content (“User Content License”), to the full extent allowed by Applicable Law.We do our best to keep User Content safe, but we’re not responsible if any of your User Content or other data is lost. You should keep local copies or make backups of contents and other data, just in case something goes wrong.YOU ARE ENTIRELY RESPONSIBLE FOR THE USER CONTENT PROVIDED BY YOU AND FOR ANY CONSEQUENCES ARISING IN CONNECTION WITH THAT USER CONTENT (INCLUDING ANY LOSS OR DAMAGE SUFFERED OR INCURRED BY US OR OTHER USERS).YOU REPRESENT AND WARRANT THAT (I) YOU ARE THE OWNER OF ALL RIGHTS PERTAINING TO THE USER CONTENT OR OTHERWISE AUTHORIZED TO GRANT US THE USER CONTENT LICENSE; (II) THE USER CONTENT WILL NOT INFRINGE ANY INTELLECTUAL PROPERTY OR OTHER THIRD- PARTY RIGHTS; (III) THE USER CONTENT WILL COMPLY AND CONFORM TO ANY AGE CLASSIFICATION RULES AND REQUIREMENTS (INCLUDING ACCURATE AND ADEQUATE CLASSIFICATION AND RATING OF ANY USER CONTENT, AS THE CASE MAY BE) UNDER APPLICABLE LAW.
We welcome you to share User Content and information about our products and services through social media. When you use social media to share Site content, you grant us the right to reproduce and publish your social media posting and to use the username/social media handle that you used when sharing the content. You are responsible for complying with the terms and conditions of social media platforms.
We work with a global network of partners and service providers to provide you with useful content and functionality in connection with our Sites. This may include information, links, advertisements, chat services, or other content or functionality provided by third parties (“Third-Party Services”). We are not responsible for, and have no control over, any Third-Party Services, and we aren’t liable for any damages or losses that are caused by any Third-Party Services.
Website and Content Subject to Change
While we try to make our Sites error-free, we do not guarantee that the content provided through the Sites is complete, current, or error-free (including content related to product availability, specifications, features, or prices). If we discover errors, we will make reasonable efforts to correct them. In some cases, product measurements and descriptions are approximate and provided only for ease of explanation or convenience.
Product Availability and Pricing
We use reasonable efforts to fulfill orders, but cannot guarantee availability of any particular product or service, and sometimes an item shown on the Sites may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to discontinue the sale of any product or service at any time without notice. We may decline or place quantity limits on your order at any time.
In the event of a pricing or other error, we reserve the right to revoke offers, cancel orders and correct errors or omissions, including after an order has been placed.
If you wish to purchase products or services described on the Sites, you will be asked to supply certain information applicable to your purchase, including credit card and shipping information. You may be able to store your information with your account, which allows you to make future purchases without re-entering information. You agree to pay all charges incurred by you and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred. We are required by law to collect all applicable sales taxes for all states and municipalities. You authorize us to charge the applicable sales taxes to your credit card at the time of completion of order shipment.We may preauthorize or charge your order amount with your credit or debit card issuer at the time you place the order, which may have an effect on your available credit line.All information provided by you must be accurate, complete and correct. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the items, products or services that you have requested. Receiving an order acknowledgement via email or confirmation page does not guarantee the acceptance of an order.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES OR OTHER TERMS EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY, WORKMANLIKE EFFORT, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY OR AVAILABILITY, ACCURACY, LACK OF VIRUSES, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OTHER VIOLATION OF RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR AFFILIATES SHALL BE DEEMED TO ALTER OUR DISCLAIMER OF WARRANTY REGARDING OUR SITES, OR TO CREATE ANY WARRANTY OF ANY SORT FROM US.WITHOUT LIMITING THE PREVIOUS DISCLAIMER, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT OUR SITES OR THE CONTENT THEREIN WILL (i) OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE MANNER; (ii) WILL BE FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (iii) WILL BE SECURE OR IMMUNE (INCLUDING THE CONTENT DELIVERED TO YOU OR THE INFORMATION YOU PROVIDED) FROM UNAUTHORIZED ACCESS; OR (iv) WILL BE ACCURATE, COMPLETE, OR RELIABLE, THAT THE QUALITY OF THE SITES WILL BE SATISFACTORY TO YOU, OR THAT ERRORS WILL BE CORRECTED. IN ADDITION, WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THIRD-PARTY SERVICES, ADVERTISEMENTS, CONTENT, OR ANY OTHER PRODUCT, SITES OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH OUR SITES.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS, OPPORTUNITY OR DATA, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY OTHER INTANGIBLE LOSSES. THE LIMITATIONS OF THIS SECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND EVEN TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS ARE REASONABLE GIVEN THE BENEFITS OF THE SITES AND YOU WILL ACCEPT SUCH RISK AND/OR INSURE ACCORDINGLY.
You agree to indemnify, defend, and hold harmless us, our licensors, our agents, and all officers, directors, and employees from any and all third-party claims, actions, losses, damages, liabilities, judgements, grants, costs, and expenses (including reasonable attorneys’ fees) arising from: (i) your use of our Sites or use by any person that you allow to use our Sites that is not in accordance with these Terms, (ii) any breach of these Terms by you or by any person that you allow to use our Sites, or (iii) any violation of any laws or regulations or the rights of any third party by you or by any person that you allow to use our Sites.
Entire Agreement & Severability
If we do not exercise or enforce any legal right or remedy which is set out in these Terms or which we have the benefit of under any Applicable Law, this will not be construed as a formal waiver of our rights or remedies and such rights or remedies will remain available to us.
Reservation of Rights & Feedback
Nothing in these Terms gives you a right to use the WARMBOND name or any of the WARMBOND trademarks, logos, domain names, and other distinctive brand features. All rights, title, and interest in and to our Sites (excluding content provided by third parties) are and will remain the exclusive property of WARMBOND and its licensors. If you choose to make available any comments, ideas, feedback, or suggestions, we will be free to use such comments, ideas, feedback or suggestion as we see fit and without any obligation to you.
Any provisions within these Terms that by their nature should continue to be in effect, shall survive the expiration or termination of these Terms, and remain valid and binding.
Additional Terms May Apply
Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may also apply for promotions, sweepstakes, contest, giveaways, or similar programs. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control.
Changes to These Terms
From time to time, we may change these Terms in our sole discretion. We reserve the right to make these changes without notice. You are responsible for regularly reviewing these Terms, and your continued use of the Sites following any changes indicates your acceptance of those changes.