Conditions of Use
ShellFactory.com provides
their services to you subject to the following
conditions. If you visit or shop at ShellFactory.com,
you accept these conditions. Please read them carefully.
In addition, when you use any current or future
ShellFactory.com service (e.g., Your Profile and Gift
Certificates) or visit or purchase from any business
affiliated with ShellFactory.com, whether or not
included in the ShellFactory.com Web site, you also will
be subject to the guidelines and conditions applicable
to such service or business. If these conditions are
inconsistent with such guidelines and conditions, such
guidelines and conditions will control.
PRIVACY
Please review our
Privacy Notice, which also governs
your visit to ShellFactory.com, to understand our
practices.
ELECTRONIC COMMUNICATIONS
When you visit ShellFactory.com or send e-mails to
us, you are communicating with us electronically. You
consent to receive communications from us
electronically. We will communicate with you by e-mail
or by posting notices on this site. 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.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio clips,
digital downloads, data compilations, and software, is
the property of ShellFactory.com or its content
suppliers and protected by United States and
international copyright laws. The compilation of all
content on this site is the exclusive property of
ShellFactory.com and protected by U.S. and international
copyright laws. All software used on this site is the
property of ShellFactory.com or its software suppliers
and protected by United States and international
copyright laws.
TRADEMARKS
ShellFactory.com, graphics, logos, page headers,
button icons, scripts, and service names are trademarks,
registered trademarks of ShellFactory.com.
ShellFactory.com's trademarks may not be used in
connection with any product or service that is not
ShellFactory.com's, in any manner that is likely to
cause confusion among customers, or in any manner that
disparages or discredits ShellFactory.com. All other
trademarks not owned by ShellFactory.com or its
affiliates that appear on this site are the property of
their respective owners, who may or may not be
affiliated with, connected to, or sponsored by
ShellFactory.com or its affiliates.
LICENSE AND SITE ACCESS
ShellFactory.com grants you a limited license to
access and make personal use of this site and not to
download (other than page caching) or modify it, or any
portion of it, except with express written consent of
ShellFactory.com. This license does not include any
resale or commercial use of this site or its contents;
any collection and use of any product listings,
descriptions, or prices; any derivative use of this site
or its contents; any downloading or copying of account
information for the benefit of another merchant; or any
use of data mining, robots, or similar data gathering
and extraction tools. This site or any portion of this
site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any
commercial purpose without express written consent of
ShellFactory.com. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page
layout, or form) of ShellFactory.com and our affiliates
without express written consent. You may not use any
meta tags or any other "hidden text" utilizing
ShellFactory.com's name or trademarks without the
express written consent of ShellFactory.com. Any
unauthorized use terminates the permission or license
granted by ShellFactory.com. You are granted a limited,
revocable, and nonexclusive right to create a hyperlink
to the home page of ShellFactory.com so long as the link
does not portray ShellFactory.com, its affiliates, or
their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not
use any ShellFactory.com logo or other proprietary
graphic or trademark as part of the link without express
written permission.
YOUR ACCOUNT
If you use this site, you are responsible for
maintaining the confidentiality of your account and
password and for restricting access to your computer,
and you agree to accept responsibility for all
activities that occur under your account or password.
ShellFactory.com does sell products for children, but it
sells them to adults, who can purchase with a credit
card. If you are under 18, you may use ShellFactory.com
only with involvement of a parent or guardian.
ShellFactory.com and its affiliates reserve the right to
refuse service, terminate accounts, remove or edit
content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or
other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of
privacy, infringing of intellectual property rights, or
otherwise injurious to third parties or objectionable
and does not consist of or contain software viruses,
political campaigning, commercial solicitation, chain
letters, mass mailings, or any form of "spam." You may
not use a false e-mail address, impersonate any person
or entity, or otherwise mislead as to the origin of a
card or other content. ShellFactory.com reserves the
right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do post content or submit material, and unless
we indicate otherwise, you grant ShellFactory.com and
its affiliates 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
ShellFactory.com and its affiliates and sublicensees the
right to use the name that you submit in connection with
such content, if they 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 ShellFactory.com or
its affiliates for all claims resulting from content you
supply. ShellFactory.com has the right but not the
obligation to monitor and edit or remove any activity or
content. ShellFactory.com takes no responsibility and
assumes no liability for any content posted by you or
any third party.
COPYRIGHT COMPLAINTS
ShellFactory.com and its affiliates respect the
intellectual property of others. If you believe that
your work has been copied in a way that constitutes
copyright infringement, please follow our Notice and
Procedure for Making Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from ShellFactory.com are made
pursuant to a shipment contract. This means that the
risk of loss and title for such items pass to you upon
our delivery to the carrier.
PRODUCT DESCRIPTIONS
ShellFactory.com and its affiliates attempt to be as
accurate as possible. However, ShellFactory.com does not
warrant that product descriptions or other content of
this site is accurate, complete, reliable, current, or
error-free. If a product offered by ShellFactory.com
itself is not as described, your sole remedy is to
return it in unused condition.
PRICING
Except where noted otherwise, the List Price
displayed for products on our website represents the
full retail price listed on the product itself,
suggested by the manufacturer or supplier, or estimated
in accordance with standard industry practice; or the
estimated retail value for a comparably featured item
offered elsewhere. The List Price is a comparative price
estimate and may or may not represent the prevailing
price in every area on any particular day. For certain
items that are offered as a set, the List Price may
represent "open-stock" prices, which means the aggregate
of the manufacturer's estimated or suggested retail
price for each of the items included in the set. Where
an item is offered for sale by one of our merchants, the
List Price may be provided by the merchant.
With respect to items sold by ShellFactory.com, we
cannot confirm the price of an item until you order;
however, we do NOT charge your credit card until after
your order has entered the shipping process. Despite our
best efforts, a small number of the items in our catalog
may be mispriced. If an item's correct price is higher
than our stated price, we will, at our discretion,
either contact you for instructions before shipping or
cancel your order and notify you of such cancellation.
Please note that this policy applies only to products
sold and shipped by ShellFactory.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY ShellFactory.com ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ShellFactory.com MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON
THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS
SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW,
ShellFactory.com DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. ShellFactory.com DOES NOT WARRANT
THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
ShellFactory.com ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. ShellFactory.com WILL NOT BE LIABLE FOR ANY
DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL
OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY
NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting ShellFactory.com, you agree that the laws
of the state of Florida, without regard to principles of
conflict of laws, will govern these Conditions of Use
and any dispute of any sort that might arise between you
and ShellFactory.com or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
ShellFactory.com or to products you purchase through
ShellFactory.com shall be submitted to confidential
arbitration in Fort Myers, Florida, except that, to the
extent you have in any manner violated or threatened to
violate ShellFactory.com's intellectual property rights,
ShellFactory.com may seek injunctive or other
appropriate relief in any state or federal court in the
state of Florida, 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.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our pricing
policy, posted on this site. These policies also govern
your visit to ShellFactory.com. We reserve the right to
make changes to our site, policies, and these Conditions
of Use 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.
OUR ADDRESS
Shell Factory
2787 North Tamiami Trail
North Fort Myers, FL 33903
Notice and Procedure for Making Claims of Copyright
Infringement
If you believe that your work has been copied in a
way that constitutes copyright infringement, please
provide ShellFactory.com's copyright agent the written
information specified below. Please note that this
procedure is exclusively for notifying ShellFactory.com
and its affiliates that your copyrighted material has
been infringed.
An electronic or physical signature of the person
authorized to act on behalf of the owner of the
copyright interest;
A description of the copyrighted work that you claim has
been infringed upon;
A description of where the material that you claim is
infringing is located on the site, including the auction
ID number, if applicable;
Your address, telephone number, and e-mail address;
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
the copyright owner's behalf.
ShellFactory.com's Copyright Agent for notice of
claims of copyright infringement on its site can be
reached as follows:
Copyright Agent
Shell Factory
2787 North Tamiami Trail
North Fort Myers, FL 33903
Phone: 239.995.2141
Toll-free: 800.282.5805
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