Welcome to our Web site (the "WebSite"). POLTI USA INC. 8616 La Tijera Blvd, Suite 512, Los Angeles, CA 90045 and its affiliates ("POLTI," or "we") provide the information and services available on the WebSite to you subject to the following terms and conditions (the “Terms and Conditions"). By accessing or using the WebSite, you agree to be bound by these Terms and Conditions. Please read them carefully.
The Terms and Conditions are subject to change at any time without prior notice by updating this posting. By using this Site, you agree to be bound by any such revisions.
All content available on the WebSite, including, but not limited to, text, graphics, logos, page headers, button icons, images, audio and video clips, data compilations, and software, and the compilation thereof (the "Content") is subject to trade mark, service mark, copyright and or other proprietary or intellectual property rights or licenses held by POLTI, and is protected by United States and international copyright laws. Nothing contained on the WebSite should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of POLTI's intellectual property displayed on this site without our written permission.
The trademarks, logos, and service marks displayed on the WebSite (the "Trademarks") are the registered and unregistered marks of POLTI, our licensors or our partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by us, our partners or our licensors that appear on the WebSite, if any, are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Except as set forth in the limited license below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the WebSite may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
We grant you a limited, revocable, and nonexclusive license to access and make personal use of the WebSite.
The limited license set forth in this Section does not include the right to: (1) modify or download the WebSite or its contents (except caching or as necessary to view content); (2) make any use of the WebSite or its Content other than personal use; (3) create any derivative work based on either the WebSite or its Content; (4) collect account information for the benefit of another party; (5) use any meta tags or any other "hidden text" utilizing our trademarks without our express written consent; or (6) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
You may not frame or utilize framing techniques to enclose any Trademark or other proprietary information (including images, text, page layout, or form) of POLTI without prior written consent. Any unauthorized use by you of the Website terminates the limited license set forth in this Section without prejudice to any other remedy provided by applicable law.
We attempt to be as accurate as possible when describing our products on the WebSite; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, prices, colors or other content available on the WebSite is accurate, complete, reliable, current, or error free.
THE WEBSITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY: (1) INTERRUPTION OF BUSINESS; (2) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (3) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (4) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE WEBSITE; (5) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION THAT MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEB SITES; OR (6) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100).
Purchasing from the WebSite
If you wish to purchase goods from the POLTI WebSite please related to orders placed through this WebSite (such as order processing, shipping and handling, returns and refunds).
The products and services available on the WebSite we may provide to you, are for personal use only. You may not sell or resell any of the products or services that you purchase from us. We reserve the right to, with or without notice, cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
If you use the WebSite, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are accessing and using the WebSite on someone else’s behalf, you represent that you have the authority to bind that person as a principal to all the Terms and Conditions provided herein, and you agree to accept liability for harm caused by any wrongful use of the WebSite resulting from such access or use. We reserve the right to refuse service, terminate accounts, or remove or edit content, for any reason, in our sole discretion without prior notice.
Your electronic order is an offer to buy from POLTI. POLTI reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Once you have submitted an order, you will receive an automatic e-mail confirming the details of your order (name, address, product ordered, price, etc.). Such e-mail is a confirmation that the order has been received by POLTI and does not constitute acceptance of your order. POLTI reserves the right at any time after receipt of your order to accept or decline your order for any reason, regardless of whether your order has been confirmed or your credit card has been charged. If your order is declined or cancelled by us after your credit card has been charged for the purchase, we will promptly issue a credit to your credit card.
Payment for the goods you order must be made by PayPal or Credit Card. If your payment is rejected by the card issuer your order will not be fulfilled. Payment is made at your own risk. The prices and availability of the products displayed on this WebSite are subject to change without notice.
Orders will only be accepted from and dispatched to addresses within the continental United States. No products can be delivered to a PO Box address.
POLTI reserves the right to deny sales under any promotion it shall offer from time to time in its sole discretion.
POLTI reserves the right to correct any errors, inaccuracies or omissions at any time without notice and to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. POLTI reserves the right to change this Policy at any time without prior notice.
POLTI allows visitors to the WebSite to post Submissions, so long as the content (i) is not illegal, obscene, threatening, defamatory, or invasive of privacy, (ii) does not infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party, (iii) is not otherwise injurious to third parties or objectionable, (iv) does not consist of or contain software viruses or any other computer code or files that are designed to disrupt, damage, or limit the functioning of any software or hardware, (v) does not contain political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”, (vi) does not provide any non-public information about POLTI, any other company or person without the proper authorization to do so, including without limitation providing the names, addresses and extension numbers of employees of POLTI and other WebSite users, (vii) does not attack or insult another WebSite user or WebSite manager, or (viii) does not suggest or encourage illegal activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a comment or other content. Polti reserves the right (but has no obligation) to remove or edit such content, but does not regularly review posted content. POLTI takes no responsibility and assumes no liability for any content posted by you or any third party.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the WebSite for personal, noncommercial use only. A Web site that links to our WebSite (1) may link to, but replicate, our Content; (2) may not imply that we are endorsing such Web site or its services or products; (3) may not misrepresent its relationship with us; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (6) may not use any trademark without express written permission; (7) may not link to any page of the WebSite other than the home page. We may, in our sole discretion, request that you remove any link to the WebSite, and upon receipt of such request, you shall immediately remove such link.
We are not responsible for the content of any off-WebSite pages or any other Web sites linked to or from the WebSite. Links appearing on the WebSite are for convenience only and are not an endorsement by us, or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-WebSite pages or other Web sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-WebSite pages or any other Web sites linked to or from the WebSite, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Web sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-WebSite pages and other Web Sites that you visit.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of the WebSite. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
With respect to any dispute regarding the WebSite, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Georgia, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Georgia. Any dispute relating in any way to your visit to the WebSite shall be submitted to confidential arbitration in Atlanta, Georgia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in Atlanta, Georgia, and you consent to exclusive jurisdiction and venue in such courts Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the WebSite. Any changes are effective immediately upon posting to the WebSite. Your continued use of the WebSite constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the WebSite.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Last updated October 3, 2012