CONDITIONS OF USE (COU)
Welcome to a website ("Site") belonging to The Intergalactic Shipping Company-LLC ("IGSC"). By using or shopping on this Site, you agree to this COU. If you do not accept this COU, do not use the Site. IGSC may change this COU at any time by updating this page. By using the Site, you agree to be bound by any such changes.
IGSC may use third parties to operate the Site, collect information, conduct marketing and research, and perform other services for us. We refer to those third parties collectively in this COU as our "Providers."
COPYRIGHTS AND COPYRIGHT NOTICES
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been used on the Site in a way that constitutes copyright infringement, please provide us with the following information in writing:
A description of the material that you claim to be infringing, as well as its location on the Site;
Your name, address, telephone number, and email address;
A signed statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices must be sent to:
The Intergalactic Shipping Company-LLC
Attn: Customer Care
30 Riverbend Court
Covington, GA 30014
Your use of the Site shall be governed by the laws of the State of Georgia. Except where prohibited, you agree that any and all disputes, claims and causes of action directly or indirectly arising out of or relating to the Site shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts located in Newton County, Georgia. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Any cause of action or claim you may have with respect to the Site must be instituted within one (1) year after the claim or cause of action arose or be forever waived and barred.
Headings are for reference purposes only and in no way define or limit the scope of such provision. If any part of this COU is held to be invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall be enforced. This COU constitutes the entire agreement between you and IGSC with respect to the subject matter hereof. Our failure to enforce any provision of this COU shall not be deemed a waiver of that or any other provision.
Contact Us. If you have any questions about this COU, please click "Contact Us" on the Site, or contact us via regular mail at:
The Intergalactic Shipping Company-LLC
Attn: Customer Care
30 Riverbend Court
Covington, GA 30014
The Intergalactic Shipping Company-LLC and other marks which may or may not be designated on the Site by a "™" "®" "SM" or other similar designation, are registered, pending or unregistered trademarks or service marks of The Intergalactic Shipping Company-LLC , in the United States and other countries. Our graphics, logos, page headers, buttons, icons, scripts, and service names are trademarks or trade dress of The Intergalactic Shipping Company-LLC. The Intergalactic Shipping Company-LLC's trademarks and trade dress may not be used in connection with any product or service that is not The Intergalactic Shipping Company-LLC’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits The Intergalactic Shipping Company-LLC. All other trademarks not owned by us that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by The Intergalactic Shipping Company-LLC.
WARRANTY DISCLAIMER & LIABILITY LIMIT
You agree that your use of the Site shall be at your sole risk. To the fullest extent permitted by law, you accept the Site "as is" and "as available" and IGSC and our providers disclaim all warranties, whether express, implied or statutory in connection with the Site and your use of it. IGSC and our providers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. All products and services purchased on or through the Site are subject only to any applicable warranties of their respective manufacturers, distributors and suppliers, if any. To the fullest extent permissible by applicable law, IGSC and our providers hereby expressly disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through the Site. Without limiting the generality of the foregoing, IGSC and our providers hereby expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse or abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. IGSC and our providers make no warranties to those defined as "consumers" in the Magnuson-Moss Warranty Act.
Product information on the site is obtained from various sources, including descriptions made available by each product’s manufacturer. IGSC and our providers assume no liability for inaccuracies or misstatements about products. For additional information about a product, please contact the manufacturer.
ISGC and our Providers assume no liability or responsibility to you for any errors or omissions on the Site; any failures, delays or interruptions in the Site’s accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of our Site or servers. We reserve the right to deliver the Site in our sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IGSC OR OUR PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS COU. Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above exclusions may not apply to you.
To the fullest extent permitted by law, IGSC, our subsidiaries, affiliates, directors, officers, employees, agents and providers shall not be liable for any direct, indirect, special, incidential, consequential or punitive damages arising, directly or indirectly, out of or in connection with the site or this COU, on any theory of liability, and whether or not advised of the possibility of damage. The negation of damages set forth herein is a fundamental element of the basis of the bargain between IGSC and you. The site would not be provided without such limitations. Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case our liability and our providers’ liability shall be limited to the maximum extent permitted by applicable law.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy and Security Policy and Shipping & Returns Policy and others, all of which are incorporated herein by this reference and are posted on the Site. These policies also govern your visit to the Site. IGSC reserves the right to make changes to the Site, policies, and this COU at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Eligibility for Use
The Intergalactic Shipping Company–LLC does not sell products for purchase by children. We do happen to sell children's products for purchase by adults. If you are under 18, you may only use our Sites under the direct supervision of a parent or guardian.
By visiting an IGSC Site, you agree that the laws of the state of Georgia shall apply should any dispute of any sort arise between you and IGSC.
Any dispute relating in any way to your visit to any IGSC Site or to products or services sold or distributed by IGSC in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Newton County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.
PRODUCT DESCRIPTIONS AND IMAGES
IGSC and our Providers attempt to ensure that product descriptions and images on the Site are as accurate as possible. However, IGSC and our Providers do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Moreover, IGSC and our Providers cannot guarantee that the color you see on your screen matches the actual product color, because how the color appears on your screen depends, in part, upon the screen you are using. If a product offered for sale on the Site is not as described, your sole remedy is to return it in accordance with our Shipping and Returns Policy, which is made a part of this COU.
PRICING AND ERRORS
Prices and availability of products are subject to change without notice. We reserve the right to revoke any stated offer and to correct any errors, inaccuracies or omissions. If after you place an order online, we determine that the product’s correct price is higher than the stated price, we may, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
ORDER ACCEPTANCE AND LIMITATIONS
Please note that there may be certain orders that IGSC is unable to accept and must cancel. For example, there may be limitations on quantities available for purchase, or inaccuracies or errors in product or pricing information. Moreover, IGSC reserves the right, at our sole discretion, to limit the quantity of items purchased per person, per household or per order. These restrictions may be applicable to orders placed by the same account, the same payment method, and also to orders that use the same billing and/or shipping address. IGSC reserves the right, at our sole discretion, to refuse or cancel any order for any reason. You will not be charged until your payment method is authorized and the order information is verified for accuracy. (However, if you pay with a debit card, a hold in an amount equal to the total purchase price will be placed on your account).
IGSC REWARDS POINTS
IGSC awards IGSC Rewards Points at the rate of 1 point for each full dollar of merchandise selling price on an IGSC website. If the merchandise is on sale or special discount then the sale or discounted price will be used to calculate point value. IGSC Rewards Points may not be redeemed for cash. IGSC Rewards Points may only be applied to defray merchandise cost during checkout. The redeem value of IGSC Rewards Points may be adjusted from time to time without notice. IGSC Rewards Points may be accumulated and redeemed at any IGSC website.
IGSC REWARDS POINTS TRANSFER
Customers may transfer all or part of their IGSC Rewards Points to any 501c organization such as a church or school. The steps for such a transfer are as follows:
- The 501c organization must create a profile on an IGSC website.
- The 501c organization must use the "Contact Us" form to advise IGSC of their organization's full legal name.
- The 501c organization must fax or mail a copy of their state exemption certificate and federal ID number
- IGSC will email the 501c organization when the information has been processed and IGSC Rewards Points may be transferred.
- At any time (after the above steps are completed) a customer may use the "Contact Us" form to transfer all or part of his or her points to the 501c organization. To expedite the transfer, please include the 501c organization's profile login e-mail address and the first and last name of the contact person in the profile.
TERMINATION AND/OR MODIFICATION
IGSC reserves the right in our sole discretion to terminate or restrict your use of the Site for any or no reason, and without notice, obligation or liability to you or any other person. In addition, IGSC reserves the right in our sole discretion to terminate or modify any Site feature or offering without notice, for any or no reason, and without notice, obligation or liability to you or any other person.
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an online review), IGSC may (but without any obligation) remove such Content from the Site. IGSC may disclose any Content or electronic communication of any kind to satisfy any law, regulation, or government request; if such disclosure is necessary or appropriate to operate the Site; or to protect the rights, property and/or safety of IGSC, our users, customers, and/or the general public.
IGSC reserves the right to prohibit conduct, communication and/or Content that we deem in our sole discretion to be unlawful and/or harmful to the general public, the Site, Site users, our customers and/or any rights of IGSC and/or any third party. Notwithstanding the foregoing, neither IGSC nor our Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither IGSC nor our Providers assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
If you do post content or submit material, and unless IGSC indicates otherwise, you grant IGSC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant IGSC the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify IGSC and our Providers for all claims resulting from content you supply. IGSC has the right but not the obligation to monitor and edit or remove any activity or content. IGSC and our Providers take no responsibility and assumes no liability for any content posted by you or any third party.
By using the Site, you agree to receive electronic communications from IGSC and/or our Providers. You agree that any notice, COU, disclosure or other communication that IGSC or our Providers send you electronically (whether or not you actually receive such communication) will satisfy any legal communication requirements, including that such communications be in writing.
LINKING TO THE SITE
Creating or maintaining any link from another site to any page on the Site without our prior written permission is prohibited. Running or displaying the Site or any information or material displayed on the Site in frames or through similar means on another site without our prior written permission is prohibited. Any permitted links to the Site must comply with all applicable laws, rules and regulations.
LINKS TO OTHER WEBSITES
The Site may contain links to third-party websites, which are provided for your convenience only. IGSC has no control over these linked sites, all of which have their own user agreements, privacy policies and data collection practices. You access them at your own risk. Inclusion of any linked third-party website on the Site does not imply our approval or endorsement of that site.
This COU is effective 01/04/2010.