OVERVIEW
This website is operated by Altura Ventures. Throughout thesite, the terms “we”, “us” and “our” refer to Altura Ventures. Altura Venturesoffers this website, including all information, tools and services availablefrom this site to you, the user, conditioned upon your acceptance of all terms,conditions, policies and notices stated here.By visiting our site and/ or purchasing something from us, youengage in our “Service” and agree to be bound by the following terms andconditions (“Terms of Service”, “Terms”), including those additional terms andconditions and policies referenced herein and/or available by hyperlink. TheseTerms of Service apply to all users of the site, including without limitationusers who are browsers, vendors, customers, merchants, and/ or contributors ofcontent.Please read these Terms of Service carefully before accessing orusing our website. By accessing or using any part of the site, you agree to bebound by these Terms of Service. If you do not agree to all the terms andconditions of this agreement, then you may not access the website or use anyservices. If these Terms of Service are considered an offer, acceptance isexpressly limited to these Terms of Service.Any new features or tools which are added to the current storeshall also be subject to the Terms of Service. You can review the most currentversion of the Terms of Service at any time on this page. We reserve the rightto update, change or replace any part of these Terms of Service by postingupdates and/or changes to our website. It is your responsibility to check thispage periodically for changes. Your continued use of or access to the websitefollowing the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with theonline e-commerce platform that allows us to sell our products and services toyou.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that youare at least the age of majority in your state or province of residence, orthat you are the age of majority in your state or province of residence and youhave given us your consent to allow any of your minor dependents to use thissite.
You may not use our products for any illegal or unauthorized purpose nor mayyou, in the use of the Service, violate any laws in your jurisdiction(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediatetermination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reasonat any time.
You understand that your content (not including credit card information), maybe transferred unencrypted and involve (a) transmissions over various networks;and (b) changes to conform and adapt to technical requirements of connectingnetworks or devices. Credit card information is always encrypted duringtransfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit anyportion of the Service, use of the Service, or access to the Service or anycontact on the website through which the service is provided, without expresswritten permission by us.
The headings used in this agreement are included for convenience only and willnot limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on thissite is not accurate, complete or current. The material on this site isprovided for general information only and should not be relied upon or used asthe sole basis for making decisions without consulting primary, more accurate,more complete or more timely sources of information. Any reliance on thematerial on this site is at your own risk.
This site may contain certain historical information. Historical information,necessarily, is not current and is provided for your reference only. We reservethe right to modify the contents of this site at any time, but we have noobligation to update any information on our site. You agree that it is yourresponsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or anypart or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, pricechange, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively onlinethrough the website. These products or services may have limited quantities andare subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors andimages of our products that appear at the store. We cannot guarantee that yourcomputer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our productsor Services to any person, geographic region or jurisdiction. We may exercisethis right on a case-by-case basis. We reserve the right to limit thequantities of any products or services that we offer. All descriptions ofproducts or product pricing are subject to change at anytime without notice, atthe sole discretion of us. We reserve the right to discontinue any product atany time. Any offer for any product or service made on this site is void whereprohibited.
We do not warrant that the quality of any products, services, information, orother material purchased or obtained by you will meet your expectations, orthat any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. Wemay, in our sole discretion, limit or cancel quantities purchased per person,per household or per order. These restrictions may include orders placed by orunder the same customer account, the same credit card, and/or orders that usethe same billing and/or shipping address. In the event that we make a change toor cancel an order, we may attempt to notify you by contacting the e-mailand/or billing address/phone number provided at the time the order was made. Wereserve the right to limit or prohibit orders that, in our sole judgment,appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase andaccount information for all purchases made at our store. You agree to promptlyupdate your account and other information, including your email address andcredit card numbers and expiration dates, so that we can complete yourtransactions and contact you as needed.For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over whichwe neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “asavailable” without any warranties, representations or conditions of any kindand without any endorsement. We shall have no liability whatsoever arising fromor relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at yourown risk and discretion and you should ensure that you are familiar with andapprove of the terms on which tools are provided by the relevant third-partyprovider(s).
We may also, in the future, offer new services and/or features through thewebsite (including, the release of new tools and resources). Such new featuresand/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Servicemay include materials from third-parties.
Third-party links on this site may direct you to third-party websites that arenot affiliated with us. We are not responsible for examining or evaluating thecontent or accuracy and we do not warrant and will not have any liability orresponsibility for any third-party materials or websites, or for any othermaterials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use ofgoods, services, resources, content, or any other transactions made inconnection with any third-party websites. Please review carefully thethird-party's policies and practices and make sure you understand them beforeyou engage in any transaction. Complaints, claims, concerns, or questionsregarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (forexample contest entries) or without a request from us you send creative ideas,suggestions, proposals, plans, or other materials, whether online, by email, bypostal mail, or otherwise (collectively, 'comments'), you agree that we may, atany time, without restriction, edit, copy, publish, distribute, translate andotherwise use in any medium any comments that you forward to us. We are andshall be under no obligation (1) to maintain any comments in confidence; (2) topay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that wedetermine in our sole discretion are unlawful, offensive, threatening,libelous, defamatory, pornographic, obscene or otherwise objectionable orviolates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,including copyright, trademark, privacy, personality or other personal orproprietary right. You further agree that your comments will not containlibelous or otherwise unlawful, abusive or obscene material, or contain anycomputer virus or other malware that could in any way affect the operation ofthe Service or any related website. You may not use a false e-mail address,pretend to be someone other than yourself, or otherwise mislead us orthird-parties as to the origin of any comments. You are solely responsible forany comments you make and their accuracy. We take no responsibility and assumeno liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store isgoverned by our Privacy Policy. To view our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in theService that contains typographical errors, inaccuracies or omissions that mayrelate to product descriptions, pricing, promotions, offers, product shippingcharges, transit times and availability. We reserve the right to correct anyerrors, inaccuracies or omissions, and to change or update information orcancel orders if any information in the Service or on any related website isinaccurate at any time without prior notice (including after you have submittedyour order).
We undertake no obligation to update, amend or clarify information in theService or on any related website, including without limitation, pricinginformation, except as required by law. No specified update or refresh dateapplied in the Service or on any related website, should be taken to indicatethat all information in the Service or on any related website has been modifiedor updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms ofService, you are prohibited from using the site or its content: (a) for anyunlawful purpose; (b) to solicit others to perform or participate in anyunlawful acts; (c) to violate any international, federal, provincial or stateregulations, rules, laws, or local ordinances; (d) to infringe upon or violateour intellectual property rights or the intellectual property rights of others;(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, ordiscriminate based on gender, sexual orientation, religion, ethnicity, race,age, national origin, or disability; (f) to submit false or misleadinginformation; (g) to upload or transmit viruses or any other type of maliciouscode that will or may be used in any way that will affect the functionality oroperation of the Service or of any related website, other websites, or theInternet; (h) to collect or track the personal information of others; (i) tospam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene orimmoral purpose; or (k) to interfere with or circumvent the security featuresof the Service or any related website, other websites, or the Internet. Wereserve the right to terminate your use of the Service or any related websitefor violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of ourservice will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of theservice will be accurate or reliable.
You agree that from time to time we may remove the service for indefiniteperiods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is atyour sole risk. The service and all products and services delivered to youthrough the service are (except as expressly stated by us) provided 'as is' and'as available' for your use, without any representation, warranties orconditions of any kind, either express or implied, including all implied warrantiesor conditions of merchantability, merchantable quality, fitness for aparticular purpose, durability, title, and non-infringement.
In no case shall Altura Ventures, our directors, officers, employees,affiliates, agents, contractors, interns, suppliers, service providers orlicensors be liable for any injury, loss, claim, or any direct, indirect,incidental, punitive, special, or consequential damages of any kind, including,without limitation lost profits, lost revenue, lost savings, loss of data,replacement costs, or any similar damages, whether based in contract, tort(including negligence), strict liability or otherwise, arising from your use ofany of the service or any products procured using the service, or for any otherclaim related in any way to your use of the service or any product, including,but not limited to, any errors or omissions in any content, or any loss ordamage of any kind incurred as a result of the use of the service or anycontent (or product) posted, transmitted, or otherwise made available via theservice, even if advised of their possibility. Because some states orjurisdictions do not allow the exclusion or the limitation of liability forconsequential or incidental damages, in such states or jurisdictions, ourliability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Altura Venturesand our parent, subsidiaries, affiliates, partners, officers, directors,agents, contractors, licensors, service providers, subcontractors, suppliers,interns and employees, harmless from any claim or demand, including reasonableattorneys’ fees, made by any third-party due to or arising out of your breachof these Terms of Service or the documents they incorporate by reference, oryour violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service isdetermined to be unlawful, void or unenforceable, such provision shallnonetheless be enforceable to the fullest extent permitted by applicable law,and the unenforceable portion shall be deemed to be severed from these Terms ofService, such determination shall not affect the validity and enforceability ofany other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior tothe termination date shall survive the termination of this agreement for allpurposes.
These Terms of Service are effective unless and until terminated by either youor us. You may terminate these Terms of Service at any time by notifying usthat you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to complywith any term or provision of these Terms of Service, we also may terminatethis agreement at any time without notice and you will remain liable for allamounts due up to and including the date of termination; and/or accordingly maydeny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provisionof these Terms of Service shall not constitute a waiver of such right orprovision.
These Terms of Service and any policies or operating rules posted by us on thissite or in respect to The Service constitutes the entire agreement andunderstanding between you and us and govern your use of the Service,superseding any prior or contemporaneous agreements, communications andproposals, whether oral or written, between you and us (including, but notlimited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not beconstrued against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby weprovide you Services shall be governed by and construed in accordance with thelaws of 619 Spazier Avenue, Pacific Grove, CA 93950.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Serviceat any time at this page.
We reserve the right, at our sole discretion, to update, change or replace anypart of these Terms of Service by posting updates and changes to our website.It is your responsibility to check our website periodically for changes. Yourcontinued use of or access to our website or the Service following the postingof any changes to these Terms of Service constitutes acceptance of thosechanges.
SECTION 20 - CONTACT INFORMATIONQuestions about the Terms of Service should be sent to us at LeeL@altura.com.--------------------------------------