Worthington Direct Holdings, LLC, a Texas limited liability company ("Company," "Us," or "We") owns and operates this Website. This document governs your relationship with www.worthingtondirect.com ("Website"). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by Us from time to time. You should check this page regularly to take notice of any changes We may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts or all of this Website.
When you use the Services, or send e-mails, text messages, and other communications from your desktop or mobile device to Us, you may be communicating with Us electronically. You consent to receive communications from Us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Website or through the other Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that We provide to you electronically satisfy any legal requirement that such communications be in writing.
You may need your own account to use certain Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, We may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. We sell products for children, but We sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, terminate your rights to use Services, remove or edit content, or cancel orders in our sole discretion.
You must not misuse this Website. You shall not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Services; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision may constitute a criminal offense and the Website will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Company or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Company and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and are subject to any delays resulting from postal delays or force majeure, for which We will not be responsible.
In order to contract with Company, you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Company retains the right to refuse any request made by you. If your order is accepted, We will inform you by email and We will confirm the identity of the party with which you have contracted. This will usually be by the Company or may in some cases be a third party. Where a contract is made with a third party, Company is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you represent that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until We send you confirmation by e-mail that the goods that you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Pricing and Availability
Whilst We try and ensure that all details, descriptions and prices that appear on this Website are accurate, errors may occur. If We discover an error in the price of any goods that you have ordered, We will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If We are unable to contact you, We will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the "Total Cost."
Upon receiving your order, We or the merchant of record reserve the right to carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfil the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Disclaimer of Liability
Company does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. You acknowledge that Company is not the manufacturer of products sold on the Website. Unless expressly stated to the contrary, to the fullest extent permitted by law, Company hereby expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. Only applicable manufacturer warranties are provided to the customer. This does not affect Company's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Disclaimer as to ownership of trade marks, images of personalities and third-party copyright
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Company and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Company.
You agree to indemnify, defend and hold harmless Company, and its managers, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
Company shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services, these Terms of Service, and any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which We exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected, all other clauses remaining in full force and effect.
We operate a complaints handling procedure that We will use to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. Any dispute relating in any way to your visit to the Website or to products you purchase through Company shall be submitted to confidential arbitration in Dallas County, Texas, except that, to the extent you have in any manner violated or threatened to violate the Website’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If you breach these conditions and We take no action, We will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Company.
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