Terms and Conditions
Last updated: August 9, 2023
Please read these terms and conditions carefully before using Our Website, or any Services or Goods (as defined below).
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Website or parts of our Website.
Country refers to: United States.
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Calix Solutions, LLC, 3601 San Simeon Commerce Drive, Arnold, MO 63010.
Device means any device that can access the Website such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website.
Goods refer to the items offered for sale on the Website, including, but not limited to, the Calix Solutions CryptoLaptops™ and Calix Solutions LibertyLaptops™.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Website.
Service refers to the Website.
Services refers to services offered in connection with the sale of Goods and the services otherwise offered on the Website. Services include, for example but not limited to, Premium CryptopLaptop™ Setup, Custom CryptoLaptop™ Setup, Frequently Asked Questions and answers, support of products (e.g., making sure access to the wallets, masternodes, and exchanges are operating properly). Such services may also apply with respect to the LibertyLaptop™.
Terms and Conditions (also referred to as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to Calix Solutions, accessible from http://www.calix.flywheelstaging.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
These are the Terms and Conditions governing the use of this Website and the Goods and Services, and is a binding agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of this Website, as well as the Goods and Services.
Your access to and use of the Website is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Website.
By accessing or using the Website (including but not limited to the purchase of Goods or Services), You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Website or make a purchase of Goods or Services.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Website.
We reserve the right to refuse service to anyone, any geographic region, and/or any jurisdiction for any reason at any time including, but not limited to, refusal of use of the Website, purchase of Goods, and/or purchase of Services. 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.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website 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 Website is at your own risk. This Website 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 Website, including the pricing for any Goods or Services, at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using this Website or its content and any Goods and/or Services: (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 Website 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 or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Website, Goods, and/or Services for any prohibited use.
These Terms and Conditions apply to the purchase and sale of any product or service offered by Company. For some specific goods and/or services additional terms and conditions apply as stated herein with respect to particular goods and/or services and denoted with applicable headings. If purchasing such goods and/or services you agree to be bound by these Terms and Conditions as a whole including the specific terms and conditions for your specific purchase.
Placing Orders For Goods and/or Services
By placing an Order for Goods and/or services through the Website, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Website, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your cellphone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods or Services availability
- Errors in the description or prices for Goods or Services
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with the Terms and Conditions of the Manufacturer’s policies and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
Your right to cancel an Order under our Returns Policy only applies to Goods that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.
We will reimburse You no later than 14 days from the day on which We receive the Manufacturer’s credit for the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
- The supply of Goods made to Your specifications or clearly personalized.
- The supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly or where the date of expiry is over.
- The supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- The supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with Your prior express consent and You have acknowledged Your loss of cancellation right.
We do not offer refunds or exchanges. If you are dissatisfied with a purchase please connect with our team so we may, at our option, assist you.
In some instances, we may assist you in diagnosing problems with your purchases. However, CryptoLaptops™ and/or LibertyLaptops™ are manufactured by third parties and set up by Us for your use. Therefore, any problem with the underlying laptop is the responsibility of the manufacturer, not the Company. At our discretion, we may assist you in returning the CryptoLaptop™ and/or LibertyLaptop™ to the original manufacturer for repair. We may, again at our discretion, reformat and set up your CryptoLaptop™ and/or LibertyLaptop™. There may be a shipping charge associated.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods and Services on the Website. The Goods and Services available on Our Website may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Website and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
The Company reserves the right to revise its prices at any time prior to accepting an Order. Prices for our Goods and Services 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 including any Goods or Services) 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, support for Goods, and/or Services.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, cryptocurrencies, etc. for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Goods Sold by Company and Related Support and Limitations
We endeavor to support the Goods sold by Us and your use of our Goods (e.g., CryptoLaptops™ and/or LibertyLaptops™). This includes customization and/or set up of your product through, for example but not limited to, Our Premium CryptoLaptop™ Setup Options and/or Our Custom CyrptoLaptop™ Setup Options and/or similar services with respect to LibertyLaptop™ products. Any support, assistance, help, or the like provided beyond set up may be provided at our sole discretion. For example, but without limitation, We may provide support to make sure the access to the wallets, masternodes, and exchanges are operating properly when you get your CryptoLaptop™, but should you need to learn how to do things like transferring crytpos from exchanges to wallets, it is your responsibility. Likewise, We may provide support with respect to LibertyLaptop™ products regarding settings, configurations, file handling, and like but use and operation of the LibertyLaptop™ is your responsibility. We may make resources available for you to learn skills or otherwise assist you in regard to services and/or we do not offer, but We are not obligated to do so. Any provided third party materials are not an endorsement of their accuracy, utility, suitability, or the like and You rely on such materials solely at Your own risk. In making a purchase from Us you represent that you have baseline knowledge and abilities with respect to the product. It is your responsibility to ensure you have a general knowledge regarding cryptocurrency such that you can utilize Our Goods. Our support does not extend to support resulting from Your limitations regarding cryptocurrency knowledge.
Additional details on the support provided by Us may be found in our Frequently Asked Questions section and any additional resources we provide. However, this is not a guarantee of such support, and any support is given solely in our discretion.
Any support provided by Us is subject to the general limitations on liability and other restrictions and limitations in these Terms and Conditions.
In setting up your CryptoLaptop™, LibertyLaptop™, and/or other products we install and include third party software and other tools. You understand and acknowledge that we neither monitor nor have any control nor input in any such tools. 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 third-party tools. Any use by you of such tools 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 and Conditions. 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. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction or use. Complaints, claims, concerns, or questions regarding third-party tools should be directed to the third-party.
Any support provided by Us is not financial advice. Nothing on the Website, or provided by Us in connection with the provision of any Goods or Services, including any support by Us, is investment advice and nothing provided by Us constitutes professional and/or financial advice, nor does any information on the Website (or elsewhere) constitute a comprehensive or complete statement of the matters discussed or the law relating thereto. Company is not a fiduciary by virtue of any person’s use of or access to the Website, Goods, Services, support, or other content.
In the event that We offer additional support services related to a specific purchase for such support services, the scope and limitations of such service will be described in a further section of these Terms and Conditions which will control with respect to that particularly named service purchased at additional cost.
In using Company’s Goods and support, Company recommends complying with the following best practices. Company will not be liable for any loses stemming from your activity outside the scope of these best practices or resulting from non-compliance with these best practices. Furthermore, Company will not be liable for any loses even though you comply with these best practices. The following best practices are simply recommendations. Ultimately, your use of the purchased Goods is at your own risk, and it is your responsibility to use the Goods in a manner which protects you and your interests. These best practices and any other materials provided by Company are not financial advise consistent with the previous statements regarding support.
Additional Terms and Conditions with Respect to CyberStuff, HelpLine, Calix 360
For the avoidance of doubt, all of the Terms and Conditions herein shall apply to the CyberStuff, Helpline, and Calix 360 Services, including but not limited to the Terms and Conditions concerning Indemnification, Limitation of Liability, and the Company’s right to terminate the Services and modify the Pricing of the Services. Your use of the Cyberstuff, Helpline, and Calix 360 Services are expressly conditioned upon your continued compliance with these Terms and Conditions. You acknowledge and agree that We provide access to the aforementioned Services “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. In order to access and use the aforementioned Services, you must have purchased and currently possess a laptop, and the aforementioned Services may be terminated by You by accessing Your account settings in Your User Portal, provided that You will be liable for any payments still owed to Us, and for any violation of the Terms and Conditions by You.
Additional Terms and Conditions with Respect to CryptoLaptop™
In setting up your CryptoLaptop™ we install and include third party software and other tools to provide for access to the exchanges, wallets, and masternodes. These exchanges, wallets, and masternodes are third party tools, systems, programs, software, etc. You understand and acknowledge that we neither monitor nor have any control nor input in any such tools. 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.
Before going online with your CryptoLaptop™
These best practices are intended for your use to prepare to go online and start buying, selling, and storing your cryptocurrencies on the Calix Solutions CryptoLaptop™. These best practices are intended to provide greater security to you and your use of the CryptoLaptop™. Essentially, you are acting as your own bank in storing and accessing cryptocurrency. There are bad actors in this space and you must use common sense and have a basic understanding of the space and your actions. Additionally, once a trade is made, it is done. There is no undoing or unwinding a trade.
- Once you get your laptop, set up a Proton Mail account*. You’ll find the link on the desktop.
- If possible, set up accounts with exchanges and wallets using two-factor authentication (2FA) through your phone – not through email.
- Write down account names, passwords, and other information. Get a notebook and write down every user ID and password. Write down your seed phrase lists. Put that notebook in a safe. Better yet, keep two. One for home and one for the safety deposit box. You’re leaving this as a roadmap for your survivors. Be precise. If you lose this information, you lose access to your accounts and cryptocurrencies. You may be unable to recover this information, access, assets, etc.
- Store your laptop, notebook, and phone (if you must use a phone for cryptos, make it a dedicated phone that is NOT used for anything else) in a fireproof safe, if possible. Or use a suitable safe storage.
- If you have a PC, run an antivirus (AV) scan on it before loading any wallets and exchanges. Do this every time you are finished using the laptop. To run the AV, type “Windows Security” in the box at the lower left. Choose “Virus & protection threat”. Choose “Scan Options” under “Current Threats”. Choose “Full Scan” – then “Scan Now”. This will take an hour+.
- Set up a wallet. I would suggest Exodus (www.Exodus.com).*
- Anytime you visit a website, check for the lock in the far-left corner of the address window. This indicates that the website uses secure sockets layer (SSL) security technology. It is less likely that a scammer will take the time to get an SSL for a phony website.
- If you are ever asked to go to www.anydesk.com – DO NOT go there. Hackers and other bad actors often use this website to victimize others.
*All passwords should be 16 alphanumeric characters long. Hackers use software to try to break your codes, so make the combinations as nonsensical as possible. An example would be: &Mib_37HujKROD9r. Make sure your password is long and is nonlinear. So do not use something like “The Brown Fox Jumped Over The Log”. Passwords containing words or phrases are the most common, so the software tries breaking parings configured along those lines. Again. Think nonsense & gibberish. Never use a password or user ID in more than one place. And never use a password manager. If that gets hacked, you’re hosed. Remember to never give anyone your seed phrase lists, private keys, and password information. If they ask for any of those things, it’s a red flag that they’re trying to make your stuff their stuff.
Do’s and Don’ts for using your CryptoLaptop™
1. Before you turn on your crypto-laptop, have a plan. Know what you are going to buy/sell.
2. Scan your anti-virus software every time you turn on your crypto-laptop.
3. Execute your plan and get off the laptop.
4. Use a surge protector.
5. Hardwire into your router, if possible.
6. Consider using a VPN to mask your location.
7. Set up an encrypted email (i.e., Proton.me) specifically for your CryptoLaptop™.
8. Choose strong passwords.
9. Write down user ids, passwords and Seed phrase list, then put in a fire safe.
10. Be wary of scams that try to steal your personal information or your crypto assets. Note: Microsoft, Apple, the IRS and SSA will never call you. Never.
11. Go with your instinct. If you think someone is hacking you — LISTEN to your gut. Dump ’em! Calix Solutions does NOT monitor your laptop. We cannot. We will NEVER call you to say your device has been corrupted. It’s a hacker.
12. Place the crypto laptop in a secure location like a safe.
13. When transferring cryptos, send a $10 test amount first to be sure the path is correct.
14. Place a sticker or piece of electrician’s tape over the camera so your image cannot be transmitted.
1. Do not give out your User IDs, passwords or seed phrase lists to anyone.
2. Do not use a public network.
3. Do not take screenshots of security information and store on the device it is meant to protect.
4. Do not use the same password for multiple locations.
5. Do not share your password with anyone. Not even friends or family members.
6. Do not use USBs or other external devices unless you ensure that all external devices come from a reliable source and have scanned it with antivirus software.
7. Do not read your personal non-crypto email on this laptop. Only email support personnel at the exchanges and wallets.
8. Do not use for social media, shopping, research or browsing.
9. Do not click links.
10. Do not use for banking or stock market trades.
11. Do not send any passwords by email.
12. Do not use Telegram, Reddit, or like services. They are both frequently used by hackers and other bad actors. If you must use these services, do it on a separate device that does not cross-contaminate other devices via cell phone and email accounts.
13. Do not ever go to www.anydesk.com or www.teamwork.com or similar services – no matter how believable the person on the phone sounds. These sites allow someone else to control your laptop and they can steal your information and/or cryptocurrency.
14. Do not tell anyone the amount of cryptos you have.
15. Do not respond to a buzzing web page telling you to call an 800 number to free up your laptop. You have been redirected to a scammer’s page. Turn off your laptop. Contact a reliable computer repair shop
Additional Terms and Conditions with Respect to LibertyLaptop™
Your LibertyLaptop™ is setup to provide a variety of enhancements focused on security. Such enhancements may include, for example, settings, tools, configurations and the like for cleaning out tracking files used with regards to the domain name system, increasing the security of the operating system by changing certain operating system settings, and increasing the security of internet access provided by the laptop. You understand that no computer can be 100% secure and agree that secure operation of your LibertyLaptop™ starts with you and is ultimately your responsibility.
The following best practices in use of your LibertyLaptop™ will enhance the functionality of the LibertyLaptop in providing enhanced security.
First Time Setup
Upon first using your LibertyLaptop™ perform the following setup actions.
- Setup a Proton Mail Account.
- Install VPN and use trusted AV if wanted.
- Backup important data via encrypted backup drive/ not cloud backup.
Daily Laptop Routine
- Start VPN service.
- Open browser and use as needed.
- Run system cleanup after each browser session to clear unwanted files and trackers placed by websites.
- Run Microsoft Defender scans/antivirus scans to check for any potential security issues.
- Shutdown/Restart laptop; Tasks run on startup that mitigate network and browser corruption.
Do’s and Don’ts for using your LibertyLaptop™
· Create strong passwords that are twelve characters or more, use upper and lower-case letters, contain at least one numerical value and a symbol. Avoid using common dictionary words.
· Change password periodically, at least twice a year.
· Enable Multi-Factor Authentication (2FA) for everything if possible.
· Physically secure your laptop
· Unsubscribe from group or organization emails you are not a part of. This goes for corporation/retail emails too.
· Run antivirus scans on downloaded files before install. Use trusted antivirus (AV) software if you’d like. Note that the native AV is more than adequate and free.
· Download and install from trusted sources.
· Use trusted VPN service such as www.protonVPN.com (free version), www.surfshark.com or www.nordVPN.com .
· Keep firewall on and only allow trusted applications to bypass firewall.
· Run “Disk Clean Up” often to remove temp files and other unneeded files. (Click the icon on your desktop.)
· Utilize ethernet over Wi-Fi, it’s more secure.
· Close unused accounts
· Use surge protector and uninterruptible power supply if possible.
· Keep passwords secure in a location you only know about, filing cabinet, shoe box in your closet, etc. Never give them out and do not lose them!
· Never select “Remember My Password” options as it stores it in an unsecure location.
· Do not use the same password for multiple applications.
· Never purchase anything through email ads. Always go to the trusted website for discounts. Most email ads can be scams or contain trackers.
· Do not open email attachments you aren’t expecting. Never Ever.
· Never click on links from untrusted sources.
· Lock your laptop if you plan to walk away from it. (For Windows, click the Windows key and “L” at same time. For Apple, Click the Control key + Command key + “Q” simultaneously.)
· Never send personal or financial information through unencrypted emails. Use Proton mail.
· Please refrain from clicking on the close button within pop-up ads. Click the X on the window edge, never click inside the window.
· Avoid public networks and free Wi-Fi/hotspots. If using public network, always use a VPN. Always.
· Do not use USBs or other external devices unless you trust it and run antivirus scans before opening.
Any Promotions made available through the Website may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Website and any accompanying Services.
You are responsible for safeguarding the password that You use to access the Website and for any activities or actions under Your password, whether Your password is with Our Website or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
The Website and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.
The Website, Services, and Goods are protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Website may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Website will cease immediately. Termination will also end any Services provided. If You wish to terminate Your Account, You may simply discontinue using the Website.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Website or $100.00 USD if You haven’t purchased anything through the Website.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Website, third-party software and/or third-party hardware used with the Website, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Website and Goods and Services are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Website, the Services, or the Goods will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website or the Services will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
You agree to indemnify, defend and hold harmless Company 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 and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Governing Law and Binding Arbitration
Company and this Website are controlled by us from our offices within the state of Missouri, United States of America. Company’s Goods and Services are offered from within the state of Missouri, United States of America. The Website and Goods and Services can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Missouri, by using this Website, Goods, and/or Services we provide, both of us agree that the statutes and laws of the State of Missouri, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the website and the purchase of products and services available through the website. The Terms and Conditions and Your use of the Website and Services shall, in all respects, be construed in accordance with and governed by the laws of the state of Missouri. Any litigation concerning the Terms and Conditions or use of the Service shall only be filed in St. Louis County Circuit Court or the Federal Court for the Eastern District of Missouri. All rights to file any Class Action litigation against Company are irrevocably waived hereunder.
In the event of a dispute, the parties agree that we, in our sole discretion, may choose to resolve such dispute by binding arbitration under Missouri’s then-current arbitration rules and statutes as administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and Mediation Procedures (“AAA Rules”). All disputes arising under these Terms and Conditions or the Website, Goods, and/or Services shall be governed by and interpreted in accordance with the laws of Missouri. If the provisions of Missouri arbitration rules conflict in any way with the AAA rules, the AAA Rules as construed by the arbitrator shall govern. Any such arbitration shall be held in the city of St. Louis or St. Louis County, Missouri before a single arbitrator unless the parties agree otherwise. The successful or prevailing party in any such party shall be entitled to recover the prevailing party’s reasonable attorney’s fees and other expenses of the arbitration if the award of attorney’s fees and costs is authorized by civil action involving the same claim(s). The Arbitrator shall be selected by application of the rules of the AAA, or by mutual agreement of the parties, except that such arbitrator shall be a licensed attorney in Missouri. No party to this agreement will challenge the jurisdiction or venue as provided in this section. Nothing contained herein shall prevent the party from obtaining an injunction.
For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Website. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion. Any such notice is not required but rather may be provided solely as a courtesy. It is your responsibility to check our website periodically for changes.
By continuing to access or use Our Website or the Services after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Services.