1. General
These General Terms and Conditions of Use ("Terms") are entered into by and between you and Fluxus, LLC, a California limited liability company. In consideration of your use of and access to this Internet site (the "FluxusWear.com, FluxusBrand.net and FluxusBrand.com site"), and the promise and obligations herein, and intending to be legally bound, you and Fluxus, LLC hereby agree as follows:
Your access to and use of the Fluxus. Site is subject to these Terms, as well as any modifications issued by Fluxus, LLC to these Terms, and all applicable laws and regulations. BY USING THE Fluxus. SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use the Fluxus. Site.
Among other things, the Fluxus. Site provides information concerning various products and the opportunity to obtain additional information concerning those products or to purchase them. These Terms and the information provided in the Fluxus. Site in no way override the terms and conditions of your purchase of any products except as specifically provided herein. To the extent any are within Fluxus. Site contains specific terms and conditions concerning its use ("Specific Terms"), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
2. Purchases Related Policies
We attempt to be as accurate as possible when describing our products on the Weariest; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors or other content available on the Weariest is accurate, reliable, current, or error-free.
3. Intellectual Property
All content available on Fluxus. Site including, but not limited to, text, graphics, logs, buttons, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of Fluxes, LLC., our affiliates, our partners or our licensor, and is protected by United States and International copyright law.
The trademarks, logs, and service marks displayed on the weariest (collectively, the "Trademarks") are the registered and unregistered marks of Fluxes, LLC, our affiliates, our licensor or our partners, in the United States and other countries, and are protected by United States and International trademark laws. All other Trademarks are not owned by us, our affiliates, our partners or our licensor that appear on the Weariest 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 in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Weariest 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.
4. Limited License
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Weariest. Please note that you may not frame or utilize framing techniques to enclose the Fluxus. Site or any portion thereof without our prior written consent.
The limited license set forth in the this Section 5 does not include the right to: (1) modify or download the Weariest or its contents (except caching or as necessary to view content); (2) make any use of the Fluxus. Site or its Content other than personal use; (3) create any derivative work based upon either the Fluxus. Site or its Content; (4) collect account information for the benefit of another party; (5) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or to take any other action that may impose an unreasonable burden or load on our infrastructure. (6) Use any Meta tags or any other "hidden test" utilizing our name or the Trademarks without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperfine to the home page of the Fluxus. Site for personal, non-commercial use only. A weariest that links to our Fluxus. Site (1) may link to, but not replicate, our content; (2) may not imply that we are endorsing such site or its services or products; (3) may not portray us or our products, in a false, misleading, derogatory or otherwise offensive or objectionable manner, or associate us with undesirable products, opinions, or services; (4) may not misrepresent its relationship with us; (5) may not contain content appropriate for all ages; (6) may not link to any page of the Fluxus. Site other than the home page. We may, in our sole discretion, request that you remove any link to the Fluxus. Site, and upon receipt of such request, you shall immediately remove such link.; (7) may not use any Trademark without express written permission; (8) Any unauthorized use by you to the Fluxus. site terminates the limited license set forth in the Section 5 without prejudice to any other remedy provided by applicable law.
5. Changes in Terms.
Fluxes, LLC shall have the right to any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Fluxus. Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Fluxus. Site. You are responsible for reviewing the Fluxus. Site periodically for any modification to this agreement that may affect your rights or obligations hereunder. You agree that you shall be deemed to be apprised of and bound by any modifications by Fluxes, LLC to these terms. ANY ACCESS OR USE OF THE FLUXUS. SITE BY YOU AFTER NOTICE OR REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification of these Terms by any party other than Fluxus, LLC shall be valid or enforceable against Fluxus, LLC unless expressly agreed to by Fluxus, LLC in a writing signed by a duty authorized officer of Fluxus, LLC.
6. Indemnification.
You agree to defend, indemnity, and hold harmless Fluxus, LLC., our partners, Fluxus, LLC. vendors, licensor, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs), arising out of or relating to your breach of the Terms or your access to or use the Fluxus. Site, The foregoing indemnification obligation shall survive termination of these Terms and the Fluxus. Site and any products or services provided to you arising out of or relating to your use of the Fluxus. Site.
7. Submissions
We welcome inquiries or feedback on the products you use or might like to purchase, however it is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regards to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our private policy, by transmitting or posting any submission, you hereby grant us a non-exclusive, royalty free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us to the origin of any Submission. You agree to indemnity us for all claims arising from your claims to any rights in any Submission.
8. Third Party Links
Links to other internet sites operated by third parties, including Fluxus, LLC vendors, do not constitute sponsorship, endorsement, or approval by Fluxus, LLC of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by Fluxus, LLC and Fluxus, LLC. Is nor responsible for the availability, content, security, policies, or practices of linked sites, including without limitation privacy policies and practices. Links to other sites are provided for your convenience only, and you access them at your own risk.
9. Termination
These Terms are effective until terminated by Fluxus, LLC. Fluxus, LLC may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access the Fluxus. Site, and the restrictions imposed on you with respect to the Content, and the disclaimers, indemnity, and limitations of liabilities set forth in these Terms shall survive termination. Fluxes, LLC shall also have the right without notice and at any time to terminate the Fluxus. Site or any portion thereof, or any products or services offered through the Fluxus. Site, or to terminate any individual's right to access or use the Fluxus. Site or any portion thereof.
10. Representations and Warranties; Limitation of Liability
THE FLUXUS. SITE IS PRESENTED "AS IS". WE MAKE NO PRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE FLUXUS. SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT 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 CIRCUMSTANCE, FOR ANY (i) INTERRUPTION OF BUSINESS; (ii) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE FLUXUS. SITE; (iii) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (iv) LOSS OR DAMAGES OF ANY SORT INCURRED AS RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE FLUXUS. SITE; (v) COMPUTER VIRUSES, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE FLUXUS. SITE, INCLUDING HYPERLINK TO OR FROM THIRD PARTY SITES; OR (vi) 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 FLUXUS. SITE 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).
11. Disclaimer and Limitation of Liability as to Products and Services.
We want you to be completely satisfied with your Fluxus. purchase. If for any reason you are not entirely please with a product you purchased on the Fluxus. Site, simply return the item within 30 days of receipt for exchange or full refund of the purchase price. Refunds will be issued in the same method as the order was paid. After 30 days, all returns, replacements, service, and support must be handled directly between you and the manufacturer. Many products are packaged with the manufacturer's warranty and service information detailing terms and conditions. Manufacturer's warranties may vary from product to product.
ALL PRODUCTS AND SERVICES SOLD BY FLUXUS, LLC ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS, INCLUDING BUT NOT LIMITED TO YEAR 2000 COMPLIANCE. ACCORDINGLY, FLUXUS, LLC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT OR SERVICES SOLD. EXCEPT AS EXPRESSLY STATED HEREIN, FLUXUS, LLC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS AND SERVICES SOLD ON THE FLUXUS. SITE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
12. Privacy Policy Statement
Please review our private policy, see link at the bottom of the page! which also governs your visit to Fluxus. Site, so that you may understand our privacy practices