CUSTOMGIA WEBSITE TERMS OF USE
INTRODUCTION
PLEASE READ THESE TERMS OF USE CAREFULLY PRIOR TO USING THIS WEBSITE <www.customgia.com> (the "Site").
This Site is the property of Value Play Design, LLC, d/b/a CUSTOMGIA ("CUSTOMGIA" "we" "our") and its affiliates. These Terms of Use constitute a legally binding agreement between you and Customgia. By navigating to or accessing this Site, you agree to be bound by these Terms of Use. If you do not agree to the Terms of Use herein, you must immediately discontinue your use of this Site.
You agree that CUSTOMGIA may make changes to the Site and to these Terms of Use at any time and without notice. You should review these Terms of Use and our Privacy Policy at each visit to this Site. It is your responsibility to monitor and remain aware of any updates to these Terms of Use and our Privacy Policy. Your continued use of this Site constitutes your agreement to any modified terms.
If we determine that you have violated these Terms of Use, we may revoke this agreement and restrict your access to the Site. You agree that CUSTOMGIA will not be liable to you or to any third party for terminating your access to this Site due to a violation of these Terms of Use.
The contents of this Site, including all text, graphics, trademarks or logos, photographs, architectural plans or architectural drawings, sounds, music, artwork, computer code, interfaces, including the expression, design, layout, structure, selection, arrangement, and "look and feel" of the individual combined elements of the contents (the "Contents") are owned or licensed by CUSTOMGIA. You acknowledge that the Contents contain the proprietary intellectual property of CUSTOMGIA, and are protected by the copyright, trademark, trade name, trade dress, service mark, and other intellectual property laws of the United States, International accords and treaties, and various laws of foreign jurisdictions. The Contents are made available for your personal, non-commercial use only.
Unless you have otherwise agreed with CUSTOMGIA in writing in each instance, you have no right to copy, download, republish, transmit, post, distribute, modify, display, license, perform or create derivative works of the Contents. You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Contents. All related rights shall remain the exclusive property of CUSTOMGIA unless otherwise specifically and expressly agreed. You shall defend, indemnify and hold harmless CUSTOMGIA against any loss, expense, cost or damage incurred as a result of your breach of the terms of this Agreement or your unauthorized use of the Contents and related rights.
Any intellectual property right existing from time to time under any federal, state or local law, rule or regulation, including any patent, patentable invention, patent application, copyright, design, idea, trademark, service mark, license, trade secret, moral right, publicity right, privacy right or other property or proprietary right (and any application, renewal, extension or restoration of the foregoing) when created on, placed upon or transmitted through this Site will become the sole property of CUSTOMGIA. CUSTOMGIA shall have the exclusive rights to sell, license, reproduce, distribute, adapt, perform, and display any designs or intellectual property rights created on, placed upon or transmitted through this Site.
You must comply with these Terms of Use or your use of this Site will be considered unauthorized. You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor the Site or any portion thereof, or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content.
You may not use this Site in any manner that could damage, disable, overburden, or impair any CUSTOMGIA server, or the network(s) connected to any CUSTOMGIA server, or interfere with any other party's use and enjoyment of this Site and the Contents. You may not attempt to gain unauthorized access to any Area of this Site or the Contents, computer systems or networks connected to any CUSTOMGIA server, through hacking, password mining or any other means. You may not obtain or attempt to obtain information from Customgia or our servers through any means not intentionally made available by CUSTOMGIA. Any attempt to gain unauthorized access to areas of this Site or to any network connected to CUSTOMGIA or this Site is a violation of these Terms of Use.
You may not upload files that contain viruses, Trojan horses, worms, time bombs or any other similar software or programs that may damage the operation of this Site or another's computer.
CUSTOMGIA may make changes to any products or services described on this Site at any time, without notice. The materials on this Site with respect to any of CUSTOMGIA's products or services may be out of date, and CUSTOMGIA makes no commitment to update the materials on this Site with respect to any of the information contained therein.
All orders for custom products are subject to CUSTOMGIA's acceptance. CUSTOMGIA may refuse any order, even after the order has been confirmed, without liability to you or to any other party. If your credit card has been charged for an order which is then canceled by CUSTOMGIA, you will be provided with a refund.
You must be at least 13 years of age to register and create a profile on this Site.
You agree that your profile information entered shall be accurate and truthful.
Keep your login name and password secure to prevent anyone else from accessing this Site using your name or profile. You agree to notify CUSTOMGIA immediately in the case of any unauthorized use of your login name and password.
CUSTOMGIA shall not be responsible for any losses resulting from the unauthorized use of your login name and password, either with or without your knowledge.
Any links to other internet sites are provided for your convenience only, and we do not necessarily endorse, nor are we responsible for, the content of any third party site. You must make an independent evaluation of the contents of any linked websites.
All links to this Site must be approved in writing by CUSTOMGIA in each instance, except that CUSTOMGIA consents to links in which the linked page and subsequent linked pages activated by the link do not: (a) alter in any way or create frames around any page on this Site or use other techniques that alter the visual presentation or appearance of any content of this Site; (b) misrepresent your relationship with us; (c) imply that CUSTOMGIA approves or endorses you or your service or product offerings; or (d) present false or misleading impressions about CUSTOMGIA or otherwise damage the goodwill associated with the CUSTOMGIA name or trademarks.
At any time, CUSTOMGIA may in its sole discretion terminate permission to link to this Site. In such event, you agree to immediately remove all links to this Web site.
You may return any product ordered through the Site based on the guidelines below. We start processing your CUSTOMGIA product immediately. Therefore, cancellations or modifications to CUSTOMGIA orders are not possible. Once received by the customer, CUSTOMGIA merchandise can be returned for a refund for any reason within 20 days from ship date printed on the original packing slip. Shipping and handling charges will not be refunded. After 20 days, merchandise cannot be returned. If you would like to return your CUSTOMGIA product, please follow the Return Instructions below. We reserve the right to limit or prohibit returns for CUSTOMGIA orders after a customer has returned three CUSTOMGIA items.
Send the product you wish to return, including your first and last name, reason for return and your CUSTOMGIA order number to: CUSTOMGIA, 11 Paterson Avenue, 2nd Floor - Loft, Midland Park, NJ 07432. The package containing your return must be postmarked no later than 20 days from the ship date noted on the original packing slip. We cannot accept C.O.D. deliveries.
You must include a return address on any package sent to CUSTOMGIA. For the safety of our employees, any package received without a return address on the outside of the package will be destroyed and CUSTOMGIA will not replace the contents of the package. Thank you for your cooperation.
All refunds will be credited to the payment form used for the original purchase. We are not able to process exchanges for any CUSTOMGIA product. To receive a replacement for your CUSTOMGIA product, you must place a new order online.
USE OF THIS SITE IS AT YOUR OWN RISK. ALL CONTENTS OF THIS SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OR GUARANTEES WHATSOEVER. CUSTOMGIA DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
None of the materials or Contents appearing on this Site are guaranteed or warranted to be uninterrupted, timely, safe, secure, or free of errors.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold harmless CUSTOMGIA, its officers, directors, shareholders, predecessors and successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorney's fees), made against CUSTOMGIA by any third party due to or arising out of any connection with the use of this Site.
IN NO EVENT WILL CUSTOMGIA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS SITE OR ANY USE OF THIS SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED OR ACCESSED THROUGH THIS SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY OF THE CONTENTS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF CUSTOMGIA IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES. WITHOUT LIMITATION OF THE FOREGOING, DELIVERY DATES PROVIDED FOR ITEMS ORDERED FROM THIS SITE ARE APPROXIMATIONS ONLY AND CUSTOMGIA WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY TYPE DUE TO DELIVERY DELAYS.
Some US states and foreign countries do not permit the limitations or exclusion for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national law.
This Site is provided on an "as is" and "as available" basis. CUSTOMGIA reserves the right to restrict or terminate your access to this Site or any part thereof at any time to the fullest extent permitted under applicable law.
You agree that all matters relating to your access to and use of this Site, including any disputes which may arise, will be interpreted, governed and construed by the laws of the United States and the State of New Jersey, without regard to conflicts of law provisions and not including the provisions of the UN Convention on Contracts for the International Sale of Goods. You agree to consent to personal jurisdiction over you of and venue in the State and Federal courts of Bergen County, New Jersey and waive any objection to such jurisdiction or venue.
Any claims respecting this Site or these Terms of Use must be commenced within one (1) year after such cause of action or claim arises or else will be time barred.
If CUSTOMGIA does take any legal action against you as a result of your violation of these Terms of Use, CUSTOMGIA will be entitled to recover and you agree to pay their costs and attorneys' fees, in addition to any other relief granted to CUSTOMGIA.