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Updated February 22nd, 2008
Expression Sanctuary LLC (the 'Company' or 'We') operates this web site (the 'web site') and has established these terms and conditions so you (the 'Customer') will know what you can expect from us to ensure an enjoyable shopping experience. The mailing address for expressionsanctuary.com is 11578 Iowa Ave Unit 301, Los Angeles, CA 90025, USA.
THE USE OF THIS WEBSITE IS GOVERNED BY THE FOLLOWING POLICIES, TERMS, AND CONDITIONS. PLEASE READ THESE POLICIES, TERMS, AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE, PLACEMENT OF AN ORDER, OR SUBMITTAL OF ANY PURCHASE ORDER. YOUR USAGE OF THIS WEB SITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE TO BE BOUND BY THE FOLLOWING POLICIES, TERMS, AND CONDITIONS AS APPLICABLE TO YOUR PURCHASE OF PRODUCT(S) FROM THIS WEB SITE. IF YOU DO NOT ACCEPT THESE POLICIES, TERMS, AND CONDITIONS, DO NOT USE THIS WEB SITE.
Use of Web Site
The web site design and all text, information, graphics, content, and other material that are displayed or can be downloaded are either the property of or used with permission by Expression Sanctuary. They are protected by copyright, trademark, and other laws and may not be used except as permitted in these Terms and Conditions or with the prior written permission of the owner of such material. You may not use, modify, reproduce, distribute, publicly display, or perform, any information or material on this web site in any way for public or commercial purposes. Any unauthorized usage of such information or material can violate copyright, trademark, privacy, publicity, and other local, state, federal, or international laws and regulations.
Products, Content, and Specifications
We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. All features, content, specifications, products and prices of products and services described or depicted on this web site are subject to change at any time without notice. All weights measures, product images, descriptions, and quantities are approximate and are provided for convenience or illustrative purposes only. We make all reasonable efforts to display the attributes of our products, including the applicable colors to the best of our abilities; however, the actual color you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services in this web site at a particular time does not imply or warrant that these products or services will be available at any time. Therefore, we must remind you that products included on the Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Web Site. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right at any time, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any item purchased from this web site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Account Responsibility
The customer is responsible for maintaining the confidentiality of their own account information and password for restricting access to such information from others. By using this website, you agree to accept responsibility for all activities that occur under your account or password.
Payment and Order Acceptance
We accept all major credit cards, including Visa®, MasterCard®, American Express®, and PayPal®. We may need to verify any or all information you provide before we accept an order and/or shipment of an order. Incorrect information may cause a delay in processing your order or in some cases the rejection of your order. It is the customers' responsibility to provide the exact billing address and telephone number that your credit card issuer has on file for you when placing an order. We do not hold responsibility due to loss or damages resulting from delays or rejection of orders. Item availability and prices of all products sold on the web site are subject to change without notice. In such an event, price changes will not be retroactively applied to any outstanding or completed orders.
Shipping Charges and Taxes
Customers are responsible for sales and other taxes associated with an order, if applied and applicable, however designated. Products delivered to the State of California will be charged an 8.25% sales tax. Additional import tax may also apply for certain products.
Shipping Limitations and Risk of Loss
When orders are placed, it will be shipped to an address described by the customer as long as that shipping address is compliant with the web sites shipping restrictions. Since purchases from this web site are made pursuant to a shipping contract, risk of loss and title for items purchased from this web site pass on to the customer. We do not hold responsibility once the merchandise ordered leaves Expression Sanctuary facilities. You are responsible for filing any claims with shipping carriers for damaged and/or lost shipments.
Product Usage and Risk of Damage
All products listed on the web site are made to be used in the United States of America domestically, unless otherwise stated. We make no representation that the web site or its contents (including, without limitation, any products or services available on or through the web site) are appropriate or available for use in other locations. Customers who access the web site from outside the United States of America do so on their own initiative and must bear all responsibility for compliance with local laws, if applicable. We only sell 100% genuine, new products, which may or may not be rebranded by Expression Sanctuary that are sourced directly from original manufacturers or authorized distributors. We are not liable for loss and damages of any kind arising from the usage of any products sold from this site including but not limited to consequential, incidental, direct, or indirect loss or damages.
Indemnity
You agree to indemnify, defend, and hold harmless the company, its officers, its associates, and shareholders from and against any and all liability, claims, costs, and expenses. This includes without limitation reasonable legal fees and expenses alleging or resulting from your usage of the web site in violation or breach of this Terms and Conditions.
Trademarks
This web site contains trademarks, logos, service marks, and trade names are registered and unregistered trademarks, logos, service marks, and trade names exclusive to Expression Sanctuary, our affiliates, and/or third party owners. No trademark, logo, service mark, and trade name used or displayed on this web site whether registered or unregistered grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use without written permission by its respective owner. To use such trademarks, logos, service marks, and trade names without owner permission is to violate the owners' intellectual property rights. If such a violation does occur, Expression Sanctuary will enforce its intellectual property rights to the fullest extent of the law.
Links to this Web Site
Creating or maintaining any link from another web site to any page on this web site without our prior written permission is prohibited. Running or displaying this web site or any material displayed on this web site in frames or through similar means on another web site without our prior written permission is prohibited. Any permitted links to this web site must comply with all applicable laws, rules, and regulations.
Third Party Links
This web site may contain links to web sites that are not owned, operated, or controlled by Expression Sanctuary and/or our affiliates. All such links are provided only as a convenience to the customer. If you use these links, you will leave this web site. We are not responsible for any content, material, or other information located on or accessible from any other web site. Neither we nor any of our affiliates endorse, guarantee, or make any representations or warranties regarding any other web site, or any content, materials, or other information located or accessible from such web sites, or the results that you may obtain from using such web sites. Therefore, to access any other web site linked to or from this web site is solely at the customers own risk.
Inappropriate Material
Posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law is prohibited on this web site. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we reserve the right to take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this web site of the related materials. We fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
User Communication
Other than personally identifiable information, which is subject to this web site's Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you transmit or post to this Web Site is regarded as 'User Communication'. All User Communication is considered non-confidential and non-proprietary. Expression Sanctuary and our affiliates may use any or all User Communications for any purpose whatsoever. For example, we may use User Communication, without limitation, in its reproduction, transmission, disclosure, publication, broadcast, development, manufacturing and/or marketing in any manner whatsoever for any or all commercial or non-commercial purposes. We reserve the right, but are not obligated, to monitor, edit, or review any User Communications at anytime. We have no obligation to use, return, review, or respond to any User Communications. We will have no liability related to the content of any such User Communications, whether or not arising under the laws of copyright, privacy, libel, obscenity, or otherwise. We reserve the right to remove or edit any or all User Communications that includes any material we deem inappropriate or unacceptable.
Limitations of Liability
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Web Site or your downloading of any materials, from this web site.
DISCLAIMERS. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED 'AS IS' WITHOUT ANY WARRANTIES OF ANY KIND. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATES MAKE ANY COMMITEMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. WE AND OUR AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS 'CONSUMERS' IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN NO EVENT WILL WE, OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, PARENT CORPORATIONS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEB SITE, ANY WEB SITES LINKED TO THIS WEB SITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
Revision of these Terms and Conditions
We may revise and update these Terms and Conditions at any time at our choosing without prior notice. It is your responsibility to visit this page to review the most current Terms and Conditions because they are binding to you. For this reason, we encourage you to review these Terms and Conditions each time you use this web site. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of this web site.
Choice of Law; Jurisdiction
These Terms and Conditions supersede any other agreement between you and Expression Sanctuary to the extent necessary to resolve any inconsistency or ambiguity between them. This web site is administered by Expression Sanctuary from its offices in California. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this web site shall be brought only in the courts of California or the United States District Court of California. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination
We reserve the right to suspend or terminate your account or your use of this web site at any time, for any reason. You may also suspend or terminate your account or your use of this web site at any time, for any reason. You are personally liable for any orders that you place or charges that you incur prior to your account termination. We reserve the right to change, suspend, or discontinue all or any aspect of this web site at any time without notice.
Claims
Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision by us. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provisions, and the other provisions of our Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the web site or our Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Additional Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, please feel free to contact our Customer Service Department regarding your inquiry. You may also write to us at the address below.
Expression Sanctuary
Customer Service Department
11578 Iowa Ave Unit 301
Los Angeles, CA 90025
customer_service@esjunk.com
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