Terms & Conditions
Revised August 12, 2013
Kemistre8, LLC, and its affiliated companies (collectively, "we", "us" or the "Company") owns and operates this website. PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT USE THIS WEBSITE. By using this website you represent and warrant that you are either 18 years of age or older or that you parent or legal guardian has consented to your use of the website. No person under 13 years of age may use this website under any circumstances.
Revisions: We reserve the right to update or modify the Terms at any time without prior notice. When we do so, the date of such revision will be listed at the top of this web page. We encourage you to visit this web page to review the then current Terms with each visit to the website.
Use of Content: The website design and all text, graphics, logos, and other materials or content displayed on, or that can be downloaded from, this website (collectively, the “Content”) are either the property of, or used with permission by, the Company, and are protected by copyright, trademark and/or other laws. Such Content may not be used except as permitted in these Terms or with the prior written consent of the owner of such Content. You may not modify, reproduce, publicly display, perform, distribute or otherwise use any Content for any purpose other than for your personal non-commercial use. Any unauthorized use of the Content is expressly prohibited and may violate copyright, trademark, privacy, publicity and/or other civil or criminal laws and regulations. Nothing contained on this website shall be construed as granting any license or other right to use any Content without our prior written approval or the prior written approval of such third-party owner, as applicable. You agree to grant the Company a worldwide, exclusive, perpetual, irrevocable, transferable, sub-licensable, fully paid, royalty-free license to any and all of your comments, feedback, suggestions, ideas, information and other submissions made via the website upon submission. You agree, at the Company’s reasonable expense, to assist the Company in every proper way to perfect the Company’s right, title and interest in and to such submissions and to refrain from challenging the validity of such license.
Your Account: You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. You agree to accept responsibility for all activities that occur under your account or password.
Products, Purchases, and Specifications: All features, specifications, products, prices, Content and services described or depicted on this website are subject to change at any time without notice. We make no representation or warranty as to the completeness, accuracy or currentness of any information on this website. Certain weights, measures and descriptions are approximations, and are provided for convenience purposes only. The inclusion of any products or services in this website at a particular time does not imply, warrant or guarantee that these products or services will be available at any time. If an ordered product is not available at the time your order is being processed we will notify you via the e-mail address you provided at the time of your order. Once your order has shipped, we will send a shipping confirmation e-mail. We reserve the right to refuse any order you place with us. In our sole discretion, we may, limit or cancel quantities purchased. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or 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. All purchases made from this website are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from this website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. 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 website. By placing an order, you represent that the products ordered will be used only in a lawful manner.
Inappropriate Material: You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane or otherwise unlawful material. 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 may take any action we deem reasonably necessary to cure or prevent such violation, including without limitation, the immediate removal from this website of the related materials. We will 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.
We respect the intellectual property rights of others. Please notify us of possible copyright infringement so that we can investigate such claims and remove infringing material. To make a claim, please provide the following in writing (the “Infringement Notice”): (i) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed upon; (ii) a description of the copyrighted work or other intellectual property that has allegedly been infringed upon; (iii) the location on the website of the allegedly infringing material; (iv) your contact information, including your address, telephone number, and e-mail; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under penalty of perjury, that the information contained in the Infringement Notice is accurate, and that you are the copyright owner (or are authorized to act on the copyright owner’s behalf). For infringement claims, please contact our agent designated to receive and act on violations under the Digital Millennium Copyright Act by visiting http://www.copyright.gov/onlinesp/list/a_agents.html or by emailing us.
Links: Creating or maintaining any link from another website to any page on this website without our prior written consent is prohibited. Running or otherwise displaying this webite and/or any material displayed on this website in frames or through similar means on another website without our prior written approval is prohibited. Any permitted links to this website must comply will all applicable laws, rule and regulations. Our website may contain links to third-party websites that are not owned, operated or controlled by us. All such links are provided solely as a convenience to you. We do not operate such websites and we are not responsible for any materials or Content located on or accessible from such websites. Such websites have their own privacy policies and practices that may differ from ours, and we encourage you to review the privacy policies and practices of any such websites prior to use. We do not endorse, guarantee, or make any representations or warranties regarding any other website, or any content located on or accessible from such websites. If you decide to access any such website linked to or from our website, you do so entirely at your own risk.
International Use: The Company makes no representation or warranty that this website, or any materials or Content located on the website, is appropriate or available for use in locations outside the United States. You hereby acknowledge and agree that if you choose to access this website from any location outside of the United States, you do so of your own accord and you are solely responsible for compliance with local laws.
DISCLAIMERS: THIS WEBSITE AND ITS CONTENTS ARE PROVIDED "AS IS." THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS, RETAIL PARTNERS NOR ANY OTHER AFFILIATED PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR ONE HUNDRED DOLLARS ($100.00) (WHICHEVER IS LESS). ANY CLAIMS BROUGHT BY YOU IN CONNECTION WITH THE WEBSITE OR THIS AGREEMENT MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHT TO SEEK REMEDY AGAINST US, IN CONNECTION WITH THESE TERMS, THE WEBSITE AND THE SERVICES, THROUGH A CLASS ACTION. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Indemnity: You agree to defend, indemnify and hold the Company, its directors, officers, employees, agents and affiliates harmless from and against any and all claims, liabilities, damages, costs and expenses (including, without limitation, reasonable attorneys' fees) in any way arising from, related to or in connection with your use of the website, your violation of these Terms or the posting or transmission of any materials on or through the website by you (including, without limitation, any third -party claim that any materials you provide infringes any third-party proprietary right).
Governing law: These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to principles of conflicts of laws. A printed version of these Terms shall be admissible in judicial and administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Termination: You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason at all. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this website at any time without notice.
Additional Assistance: If you do not understand any of the foregoing Terms, or if you have any questions or comments, we invite you to call our customer service department at (866) 214-0792.