Terms and Conditions of Use
The following is the terms of the agreement between Ineke LLC (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (the “Site”). By accessing or using the Site, you are acknowledging that you have read, understand and agree, without limitation or qualification to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use this Site. These Terms and Conditions were last updated on May 11, 2006.
Buyer agrees to the terms and conditions outlined in these Terms and Conditions ("Terms and Conditions") with respect to the goods, services and information provided by or through the Site. These Terms and Conditions constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of these Terms and Conditions. Buyer agrees to review these Terms and Conditions prior to purchasing anything and purchase of a good or service shall be deemed acceptance of these Terms and Conditions.
Setup and Payment.
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer's password. Buyer agrees to keep his or her password confidential and to notify Company within 24 hours of any breach of these Terms and Conditions or unauthorized use of the password. Company does not protect Buyer from unauthorized use of Buyer's password.
Accuracy of Information.
The company attempts to be as accurate as possible when describing our products on the Site. However, to the extent permitted by applicable law, we do not warrant the product descriptions, colors or other content on the Site are accurate, current, reliable, complete or free from errors.
All materials including photographs, images, artwork, designs, text, graphics,
software, source code (collectively, “Content”) along with organization,
gathering, compilation, magnetic translation, digital conversion and other
matters related to the Site are the property of Ineke LLC
and are protected under applicable copyrights and other proprietary (including
but not limited to intellectual property) rights, and, the copying, redistribution,
use or publication by a Buyer of any such content or any part of the Site
is prohibited. The trademarks, logos and service marks displayed on the
Site, including without limitation, Ineke, After My Own Heart, Balmy Days & Sundays, Chemical
Bonding, Derring-Do are
the registered and unregistered marks of Ineke LLC
and are protected by
Except as set forth in the limited license in Section 5 below, or as required under applicable law, neither the Content, the Trade Marks, 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 non-exclusive license to access and make personal use of the Website. Please note that you may not frame or utilize framing techniques to enclose the Website or any portion thereof without our prior written consent.
The limited license set forth in this Section 5 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 upon 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 name or the Trade Marks 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 are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:
1. link to, but not replicate, our Content;
2. not imply that we are endorsing such website or its services or products;
3. not misrepresent its relationship with us;
4. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
5. 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. not use any trade mark without express written permission; and
7. 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.
Any unauthorized use by you of the Website terminates the limited license set forth in this Section 14 without prejudice to any other remedy provided by applicable law.
Editing, Deleting, and Modification.
Company reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Upon notice published over the Service, Company may modify these Terms and Conditions, or prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. Modification of these Terms and Conditions will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
You may choose to register at our Site. If you do choose to register, you will need to provide an email and create a password for your account. Your are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. All information supplied must be accurate, truthful information.
Third Party Links.
The Company is not responsible for the content of any website pages or any other websites linked to or linked from the Site. Your use of links to and from any website pages is at your own risk.
Right to Refuse.
Company reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold Company and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of these Terms and Conditions or use of the Site.
Buyer's right to use the Service is not transferable and is subject to any limits established by Company or by Buyer's credit card company.
THE SERVICE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SERVICE ARE PROVIDED "AS-IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF COMPANY, FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. COMPANY AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF TERMS AND CONDITIONS, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME STATE STATUTES MAY APPLY REGARDING LIMITATION OF LIABILITY.
If a product purchased is defective, Buyer can return the product in its original condition within 21 days of receipt, to the following address:
4640 17th Street
San Francisco, CA 94117
In such event, Company shall provide Buyer a credit for other purchases from the Site (less shipping and handling charges incurred). This Section 9 sets forth Buyer’s sole and exclusive right to refund.
Use of Information.
Company reserves the right, and Buyer authorizes Company, to the use and assignment of all information regarding Buyer’s use of the Site and all information provided by Buyer, subject to applicable law.
These Terms and Conditions shall be treated as though it were executed and performed in San Francisco, California and shall be governed by and construed in accordance with the laws of the United States of America and of the State of California (without regard to conflict of law principles). Any cause of action of Buyer with respect to the Site must be instituted within six (6) months after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8. The language in these Terms and Conditions shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with these Terms and Conditions shall be brought solely in San Francisco, California and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or the Company is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Failure of Company to enforce any provision of these Terms and Conditions shall not be deemed a waiver of such provision nor of the right to enforce such provision.
You acknowledge that these Terms and Conditions constitute the complete and exclusive agreement between the Company and the Buyer concerning the use of the Site, and supersede and governs all prior proposals, agreements and communications. We reserve the right, in our sole discretion, to change these Terms and Conditions by posting the changes on the Site. Any changes are effective immediately upon posting to the Site.
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.