Conditions of Use for dealsandvariety.com

References to "Deals and Variety", and/or "We" herein refers to Woad Industries Inc., or their affiliates, subsidiaries and designees as deemed appropriate by Deals and Variety. By using the Deals and Variety Web site YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY and all disclaimers and terms and conditions that appear elsewhere on the Deals and Variety Web site.

This Agreement ("Agreement") is by and between Woad Industries Inc. ("Deals and Variety") a New York corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution.

This Agreement applies to your use of any related products and services available through dealsandvariety.com and sets forth the terms and conditions of Your use. You must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, before you may sign up for an account, use any services, and/or purchase any products.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Deals and Variety, whether or not the transactions were in Your behalf. Tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Deals and Variety website is prohibited.

We reserve the right to make changes to the Deals and Variety Web site and its Conditions of Use and Legal Notices at any time. Each time you use the Deals and Variety Web site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this site. If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the site. If you are dissatisfied with the Deals and Variety Web site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Deals and Variety Web site.

1. Intended for Users Over 18
The Deals and Variety Web site is intended for use by individuals 18 years of age or older. The Deals and Variety Web site is not directed for use by children under the age of 18. Users under the age of 18 should get the assistance of a parent or guardian to use this site.

2. Accurate Information
You agree to maintain accurate information by providing updates to Deals and Variety, as needed, while You are using Deals and Variety's Services. You agree You will notify Deals and Variety within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Deals and Variety to determine the validity of information provided by You will constitute a material breach of this Agreement. You agree that Deals and Variety may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to Deals and Variety's Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Deals and Variety has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Deals and Variety has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. Privacy
You can view Deals and Variety's Privacy Policy by clicking on the Privacy Notice link on our site. It is incorporated herein by reference, as it is applicable to all Company products and services. The Privacy Policy provides Your rights and Deals and Variety's responsibilities with regard to Your personal information. We will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. Account Security
You agree You are entirely responsible for maintaining the confidentiality of Your customer login, and password. You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify Deals and Variety immediately of any unauthorized use of Your account or any other breach of security. You agree Deals and Variety will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by Deals and Variety or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. Deals and Variety specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. No unlawful or improper use
As a condition of Your use of Deals and Variety's site, products, and services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements.

6. Disclaimers and Limitation of Liability
By using the Deals and Variety Web site, you expressly agree that use of the Deals and Variety Web site is at your sole risk. The Deals and Variety Web site is provided on an "AS IS" and "as available" basis. Neither Deals and Variety nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Deals and Variety Web site will be uninterrupted or error-free. Neither Deals and Variety nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Deals and Variety Web site or the products or services offered for sale on the Deals and Variety Web site. Further, Deals and Variety makes no representation that content provided on the Deals and Variety Web site is applicable to, or appropriate for use in, locations outside of the United States. Deals and Variety and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by Deals and Variety or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall Deals and Variety or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the Deals and Variety Web site, including but not limited to reliance by you on any information obtained from the Deals and Variety Web site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Deals and Variety has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Deals and Variety Web site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

When you order or purchase any item from Deals and Variety by any method, you represent by your actions as a condition of purchase that you:

are at least 18 and of legal age to purchase the item ordered, and that the item can be legally purchased and possessed by you under your applicable Local, State, County, City, and Federal laws.

understand and agree that Deals and Variety does not offer any guarantee of performance or expectation, and that the item by its very nature may be dangerous and potentially lethal. And that you assume all risks associated with ownership and use of the item. You agree to defend, indemnify and hold harmless Deals and Variety, it's parent company, contractors, agents, employees, officers, directors, shareholders, and affiliates from any injury resulting from ownership, use, misuse, or defect. You agree to indemnify and hold Deals and Variety harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of use or misuse of any item purchased by any means.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, Deals and Variety's liability is limited to the full extent permitted by law. You agree that in no event shall Deals and Variety's maximum aggregate liability exceed the total amount paid by You for the particular items or Service in dispute purchased from Deals and Variety.

7. International Customers
International customers are responsible for all taxes, duties and fees required by their customs service. When ordering, please be aware of customs risks associated with certain types of items. You are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. We value our international customers and will do everything we can to make sure or your utmost satisfaction, but remember: We are not responsible for orders delayed, seized or refused by your customs service. This is a responsibility and risk you agree to upon purchase. Customs policies may vary by country. You should contact your local customs office for further information.

8. Errors on Our Site
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, We will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Deals and Variety's Return Policy.

9. Out Of Stock Items
In the rare event that an item was listed before stock was updated, we will give you the option of a backorder, or cancel the sale and refund your full purchase immediately.

10. Payment

Personal Check: By using Deals and Variety's pay by check option, You can purchase Deals and Variety's Products and Services using a personal check. Checks must be made payable to Woad Industries Inc. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars. It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Deals and Variety will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason we are unable to deposit the full amount owed for the Goods and/or Services provided, You agree that we may pursue all available remedies in order to obtain payment. You agree that if the check is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft. The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your order.

PayPal: By using Deals and Variety's pay by PayPal, Inc. PayPal option, You can purchase Deals and Variety's Products and Services using PayPal (including Credit Card and Debit Cards). In consideration for the Products and/or Services purchased by You and provided to You by Deals and Variety, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable. It is Your responsibility to keep Your PayPal Account current, and to have available funds in it. You agree that PayPal and Deals and Variety will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and Deals and Variety may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

11. Sales Tax Policy
We collect and remit New York state sales tax for New York residents as required by law

12. Orders
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address you have given us with the order. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We will refund your total purchase amount in the event of an order rejection.

13. Return Policy
All sales made through the Deals and Variety Web site are subject to Deals and Variety's return policy. For a complete explanation of the return policy, please see the Shipping & Returns page.

14. Shipping
All orders placed on this site are subject to product availability and will be shipped according to Deals and Variety's shipping policies. In the rare event that your order never arrives, notification of lost items must be received within 30 days from receipt of the shipping confirmation e-mail.

15. Termination of Use
Deals and Variety may, in its sole discretion, terminate your account or your use of the Deals and Variety Web site at anytime. 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 aspects of the Deals and Variety Web site at any time without prior notice.

16. Governing law, venue; Waiver of Trial by Jury
This agreement shall be deemed entered into in the State of New York. You agree that the laws and judicial decisions of Erie County, New York, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Erie County, New York. You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

17. Headings
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

18. Entire Agreement
You agree that this Agreement including the policies and agreements it refers to (i.e. our Termination of Use Policy, etc.) constitute the complete and only Agreement between You and Deals and Variety regarding the Services contemplated herein.

19. Severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

20. Waiver
The failure of Deals and Variety to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of Deals and Variety thereafter to enforce such provisions.