This website (the “Site”) is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices. Your use of the Site may also be subject to additional terms outlined elsewhere on the Site (the "Additional Terms"). Additionally, the Site may contain additional terms that govern particular features or offers (for example, sweepstakes or chat areas). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within the Site, then these terms shall control.
Modification of Terms
We reserve the right to modify or terminate the terms, conditions, and notices under which the Site is offered, including but not limited to, any charges associated with the use of the Site, without notice, at any time, for any reason. You are responsible for regularly reviewing these terms and conditions.
Use of Site
Unless otherwise specified, the Site is for your personal and noncommercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with us or to purchase products offered for sale by us. Any other use of materials on the Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of from us, is strictly prohibited.
Harassment in any manner or form on the Site, including via e-mail or chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
Misuse, fraud or misrepresentation
From time to time, we may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from us by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.
Copyrights and trademarks
The entire content included in the Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the United States and other copyright laws, and is the property of Deal Segments, Inc. (DSI). The collective work includes works that are licensed to DSI. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to DSI, or other respective owners that have granted DSI the right and license to use such Marks.
Notices and procedures for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent of Deal Segments, Inc. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. We respect the intellectual property of others, and we ask our users and visitors to do the same. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, DSI will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address and all other information reasonably sufficient to permit DSI to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A 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 behalf of the owner of an exclusive right that is allegedly infringed.
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING DSI THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
In the event that a product offered for sale by us is listed at an incorrect price due to a typographical error or mistake in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. We shall have the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall issue a credit to your credit card account in the amount of the incorrect price.
The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
User chat rooms
We may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. We, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third-party vendors and other third parties (the "External Sites"). However, even if such a third party is affiliated with us, we have no control over any External Sites, all of which have separate privacy and data collection practices, independent of us. We have no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of any External Sites. The External Sites are linked, if at all, only for your convenience and therefore you access them at your own risk. Links do not imply that our sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, we seek to protect the integrity of our Site and the links placed upon it and therefore requests any feedback on not only our own Site, but for sites it links to as well (including if a specific link does not work).You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Each claim or statement about the effectiveness of products sold on our site and/or each claim or statement comparing the effectiveness of products offered for sale on our site to the effectiveness of other products is expressly limited to the United States, unless otherwise disclosed on the Site.
We make no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
We do not filter advertisements or other content that children may view through our sites or External Sites, and children could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations of liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless DSI, its members, officers, directors, employees, agents, licensors, affiliates and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.
Your use of this Site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over, and venue in, any legal proceeding directly or indirectly arising out of, or relating to, this Site (including but not limited to the purchase of products offered for sale by us) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of products offered for sale by us) must be commenced within one (1) year after the claim or cause of action arises. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practices shall act to modify any of these terms and conditions. We may assign our rights and duties under this Agreement to any party at any time without notice to you.
We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside California do so at their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of California.
By using this Site, you agree that we, at our sole discretion, may require you to submit any disputes arising from the use of this Site, or these terms and conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
DSI may modify or terminate any of these terms and conditions at any time by updating this posting. You should visit this page from time to time to review the then-current terms and conditions because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
Canadian clearance authority statement
If we offer any products to any customer located in Canada (“Canadian Customer”) , such Canadian Customer agrees that, by ordering goods from us, Canadian Customer hereby authorizes a licensed Canadian customs broker chosen by us to act as Canadian Customer’s agent, and to transact business with Canada Border Services Agency (CBSA) to clear Canadian Customer’s merchandise, account for applicable duties and taxes, to return merchandise to Landmark Global and prepare and submit refund claims on Canadian Customer’s behalf for any merchandise that Canadian Customer may return.
Canadian Customer understands that CBSA will send any refund of duties and taxes that were paid on the returned merchandise to the broker and that Canadian Customer will obtain the refund directly from us. In this connection, I also authorize the customs broker to endorse any refund check issued by CBSA in Canadian Customer’s name, so that DSI can be reimbursed. Canadian Customers also waive any need for a receipt of this transaction which may include classification of goods, transaction number, and a breakdown of duties and taxes.