Welcome to the 33third.com website (the "Site"). 33third,LLC provides services to you subject to the notices, terms, and conditions setforth in this agreement (the "Agreement"). In addition, when you useany of our services (e.g., Customer Reviews), you will be subject to the rules,guidelines, policies, terms, and conditions applicable to such service, andthey are incorporated into this Agreement by this reference. We reserve theright to change this Site and these terms and conditions at any time. ACCESSING,BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMSAND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFOREPROCEEDING.
USE OF SITE
You represent and warrant that you are at least 18 years oldor visiting the Site under the supervision of a parent or guardian.
Subject to the terms and conditions of this Agreement, wehereby grant you a limited, revocable, non-transferable and non-exclusivelicense to access and use the Site by displaying it on your internet browseronly for the purpose of shopping for personal items sold on the Site and notfor any commercial use or use on behalf of any third party, except asexplicitly permitted by us in advance. Any breach of this Agreement shallresult in the immediate revocation of the license granted in this paragraphwithout notice to you.
Except as permitted in the paragraph above, you may notreproduce, distribute, display, sell, lease, transmit, create derivative worksfrom, translate, modify, reverse-engineer, disassemble, decompile or otherwiseexploit this Site or any portion of it unless expressly permitted by us inwriting. You may not make any commercial use of any of the information providedon the Site or make any use of the Site for the benefit of another businessunless explicitly permitted by us in advance. We reserve the right to refuseservice, terminate accounts, and/or cancel orders at its discretion, including,without limitation, if we believe that customer conduct violates applicable lawor is harmful to our interests.
You shall not upload to, distribute, or otherwise publishthrough this Site any Content, information, or other material that (a) violatesor infringes the copyrights, patents, trademarks, service marks, trade secrets,or other proprietary rights of any person; (b) is libelous, threatening, defamatory,obscene, indecent, pornographic, or could give rise to any civil or criminalliability under U.S. or international law; or (c) includes any bugs, viruses,worms, trap doors, Trojan horses or other harmful code or properties.
Content provided on this site is solely for informationalpurposes. It is your sole responsibilityto consult a licensed physician or qualified health care professional foradvice, diagnosis, and/or treatment of any health related condition.Submissions or opinions expressed on this Site are that of the individualexpressing such Submission or opinion and may not reflect our opinions. Productrepresentations expressed on this Site are that of the vendor and are not madeby us.
We may assign you a password and account identification to enableyou to access and use certain portions of this Site. Each time you use apassword or identification, you will be deemed to be authorized to access anduse the Site in a manner consistent with the terms and conditions of thisAgreement, and we have no obligation to investigate the authorization or sourceof any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLEFOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD ANDIDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USEOF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALLCOMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUTLIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. Youare solely responsible for protecting the security and confidentiality of thepassword and identification assigned to you. You shall immediately notify us ofany unauthorized use of your password or identification or any other breach orthreatened breach of this Site's security.
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement oron the Site, anything that you submit or post to the Site and/or provide us,including without limitation, ideas, know-how, techniques, questions, reviews,comments, and suggestions (collectively, "Submissions") is and willbe treated as nonconfidential and nonproprietary, and we shall have the royalty-free,worldwide, perpetual, irrevocable and transferable right to use, copy,distribute, display, publish, perform, sell, lease, transmit, adapt, createderivative works from such Submissions by any means and in any form, and totranslate, modify, reverse-engineer, disassemble, or decompile suchSubmissions. All Submissions shall automatically become our sole and exclusive property andshall not be returned to you.
In addition to the rights applicable to any Submission, whenyou post comments or reviews to the Site, you also grant us the right to usethe name that you submit with any review, comment, or other Content, if any, inconnection with such review, comment, or other content. You represent andwarrant that you own or otherwise control all of the rights to the reviews,comments and other Content that you post on this Site and that use of yourreviews, comments, or other Content by us will not infringe upon or violate therights of any third party. You shall not use a false e mail address, pretend tobe someone other than yourself or otherwise mislead us or third parties as tothe origin of any Submissions or Content. We may, but shall not be obligatedto, remove or edit any Submissions (including comments or reviews) for anyreason.
All text, graphics, button icons, images, audio clips, andsoftware (collectively, "Content"), belongs exclusively to 33thirdLLC, or its affiliates. The collection, arrangement, and assembly of allContent on this Site (the "Compilation") belongs exclusively to 33thirdLLC or its affiliates. All software used on this Site (the"Software") is the property of 33third LLC, its affiliates or itsSoftware suppliers. The Content, the Compilation and the Software are allprotected by U.S. and international copyright laws. 33THIRD.COM, 33THIRD.COM (&design), 33THIRD, MID-CITY ARTS, and other logos, slogans, trade names orwords are registered trademarks, trademarks or service marks of 33third LLC,its affiliates, suppliers, or third parties. The use of any of our trademarksor service marks without our express written consent is strictly prohibited.You may not use our trademarks or service marks in connection with any productor service in any way that is likely to cause confusion. You may not use ourtrademarks or service marks in any manner that disparages or discredits us. Youmay not use any of our trademarks or service marks in meta tags without priorexplicit consent.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by you passto you upon our delivery of the items to the carrier pursuant to our standardterms of sale, which you may access here http://www.33third.com/CustomerService.aspx(and on the webpages to which that webpage links).
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, wemay, without prior notice to you, immediately terminate the Agreement or revokeany or all of your rights granted under this Agreement. Upon any termination ofthis Agreement, you shall immediately cease all access to and use of the Siteand we shall, in addition to any other legal or equitable remedies, immediatelyrevoke all password(s) and account identificationissued to you and deny your access to and use of this Site in whole or in part.Any termination of this Agreement shall not affect the respective rights andobligations (including without limitation, payment obligations) of the partiesarising before the date of termination.
This Site may be accessed from countries other than theUnited States. This Site may contain products or references to products thatare not available outside of the United States. Any such references do notimply that such products will be made available outside the United States. Ifyou access and use this Site outside the United States you are responsible forcomplying with your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THATGOVERN THE SALE OF EACH PRODUCT ON THIS SITE, A COPY OF WHICH YOU MAY ACCESSHERE http://www.33third.com/CustomerService.aspx(and on the webpages to which that webpage links), THIS SITE, THE PRODUCTSOFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDEDBY US ON AN "AS IS" BASIS. WE MAKES NO REPRESENTATIONS OR WARRANTIESOF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THEINFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE EXCEPT ASPROVIDED HERE http://www.33third.com/CustomerService.aspx(and on the webpages to which that webpage links). TO THE FULL EXTENT PERMISSIBLEBY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY ANDSYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES ORTYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTEDOR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BELIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY,SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLELAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATIONFOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLYPAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLYGIVING RISE TO OUR LIABILITY.
In the event a product is listed at an incorrect price orwith incorrect information due to typographical error or error in pricing orproduct information received from our suppliers, we shall have the right torefuse or cancel any orders placed for product listed at the incorrect price.We shall have the right to refuse or cancel any such orders whether or not theorder has been confirmed and your credit card charged. If your credit card hasalready been charged for the purchase and your order is canceled, we shallimmediately issue a credit to your credit card account in the amount of thecharge.
This site may contain links to other sites on the Internetthat are owned and operated by third parties. You acknowledge that we are notresponsible for the operation of or content located on or through any suchsite.
We respect the intellectual property of others. If youbelieve that your work has been copied in a way that constitutes copyrightinfringement, please follow our Noticeand Procedure for Making Claims of Copyright Infringement.
You agree that our remedy at law for any actual orthreatened breach of this Agreement would be inadequate and that we shall beentitled to specific performance or injunctive relief, or both, in addition toany damages that we may be legally entitled to recover, together withreasonable expenses of any form of dispute resolution, including, withoutlimitation, attorneys' fees.
No right or remedy of ours shall be exclusive of any other,whether at law or in equity, including without limitation damages injunctiverelief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies underthese terms and conditions shall imply any obligation to grant any similar,future or other waiver.
This site is created and controlled by us in the State of California,USA. As such, the laws of the State of California will govern thesedisclaimers, terms, and conditions, without giving effect to any principles ofconflicts of laws.
If any these provisions shall be deemed invalid, void, orfor any reason unenforceable, that condition shall be deemed several and shallnot affect the validity and enforceability of any remaining provision.
Please send any questions or comments (including allinquiries unrelated to copyright infringement) regarding this Site to:
5111 West Pico Blvd. Los Angeles, CA 90019