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Terms and Conditions of Use
Welcome to Startool.com. Please review the terms that govern your use and purchase of products from our Website. Your use of our Website constitutes your agreement to follow and be bound by those terms (the “Agreement”). Startool reserves the right to change or revise the terms that govern your use of our Website. Your use of our Website following any such change constitutes your agreement to follow and be bound by the terms as changed.
Website Content and Use of Intellectual Property
The content of our Website is intended solely for personal, noncommercial (except for product purchases) use by our User’s. You acknowledge and agree that all content and materials available on the Website, including but not limited to the Startool name and logos, are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. This Website does not permit copyright infringement activity. We may remove any content of any kind from a user if properly informed that the applicable user content infringes another’s copyright rights. It is the policy of Startool to terminate the user accounts of repeat infringers. If you believe that any User Contributions violate your copyright, please contact us at firstname.lastname@example.org
Startool owns all worldwide right, title and interest in and to all documentation, contents, graphics, designs, data, ideas, “look and feel,” compilations, and other materials included within the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. Except as expressly authorized by Startool, any use, copy, reproduction, display, performance, modification, or transmission is strictly prohibited. Notwithstanding the above, you may download a copy of the content and materials on the Website for your personal non-commercial use, provided you do not: (a) modify or copy the materials; (b) use the materials for any commercial purpose or for any public display (commercial or noncommercial); (c) remove any copyright or other proprietary notations from the materials; or (d) transfer the materials to another person or another server. This license shall automatically terminate if you violate any of these restrictions. No right, title or interest in any downloaded materials is transferred or granted to you because of any such downloading, copying, or through the use of social media features connected with this Website. Certain materials such as images and product descriptions may have been provided by our vendors for use within our Website. Accordingly, all data, images, and other materials including logos and trademarks are protected by their originating organization and/or corporate entity and are used with their expressed permission and may not be re-used for any purposes.
Startool may change or modify the content of our Website from time to time.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, user images, hashtags, and other interactive features (collectively “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Content”) on or through the Website. Startool does not permit copyright infringement activity. We may remove any content of any kind from a user if properly informed that the applicable user content infringes another’s copyright rights. It is the policy of Startool to terminate the user accounts of repeat infringers. If you believe that any User Content violate your copyright, please notify us at email@example.com
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
All User Content must comply with in their entirety comply with all applicable federal, state, local, and international laws and regulations. Additionally, your User Content do and will comply with these Terms and Conditions of Use.
Any User Content you post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you grant us and our affiliates and service providers, and our licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose, including advertising. You represent and warrant that you own or control all rights in and to the User Content and have the right to grant the license granted above to use and our affiliates and service providers, and our licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Information collected by Startool and uses
By using Startool Website, you consent to our use of your information as described. We collect personally identifiable information about you to the extent you specifically provide to us. We use this information to provide products, services and membership benefits you request; improve the content of our site; enhance your shopping experience; and for our own marketing and promotional purposes only.
In addition to the personal information you provide us, Startool uses technology that lets us know what type of browser you are using, the Website from which you enter Startool, and the pages you view as you tour our Website. This technology does not identify you personally – it simply helps us compile statistics about our guests and their use of our Website. We use these statistics to improve our Website design and content. If Startool implements new technology or introduces new services, your continued use of the Website following changes means you accept the changes, so we encourage you to visit often. Startool reserves the right to use such information to identify a user if safety and/or security issues arise or to comply with legal requirements.
Startool Communications to You
You agree that Startool may send electronic mail to you to advise you of changes or additions to this Website, about any Startool products or services, or for purposes as Startool deems appropriate. If you prefer not to receive promotional information, please click on the unsubscribe box within the marketing email you receive as a result of using Startool Website.
Startool is not responsible if information on our Website contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, or availability. We reserve the right to modify content or correct any errors, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We have made every effort to display accurately the colors of our products that appear on the Website. However, the actual colors you see depend on your monitor and we cannot guarantee the accuracy of your monitor’s display. We apologize for any inconvenience this may cause you.
You agree to defend, indemnify, and hold Startool and its officers, directors, employees, agents, licensees, successors and assigns harmless from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorneys’ fees) incurred or suffered by them in connection with any claim arising out of or related to: (a) your use of the Website; (b) your breach or violation of these Terms and Conditions of Use; (c) your dispute with another user; or (d) the unauthorized access to any password-protected area of the Website using your password. Startool reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Startool.
THIS WEBSITE AND ALL CONTENTS OF THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH USE OF OUR WEBSITE, AND THAT STARTOOL SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS WEBSITE.
Limitation of Liability
The products available on this site include professional formulas which may cause undesired effects if used without the necessary expertise. Please note that use of such products is at your sole risk, and that you assume full responsibility for any and all results of usage. IN NO EVENT SHALL STARTOOL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL GELIVIA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE.
This Agreement constitutes a binding agreement between you and Startool and is effective until terminated at any time by either you or Startool. Startool may terminate this Agreement immediately without notice and accordingly deny you access to the Website. If you become dissatisfied with the Website, your only recourse is to immediately discontinue use of the Website. These Terms and Conditions of Use shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of law provisions. Any controversy involving Startool arising from or in any way related to these Terms and Conditions of Use or your use of the Website shall be heard in the appropriate State or Federal court in ORANGE COUNTY, California and you irrevocably consent to the jurisdiction of such courts. User of Website is noticed that Startool has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
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