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Spice DeviceTerms and Conditions
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By accessing or using SpiceDevice.com (herein referred to as the website) you agree to be bound by and accept without reservation this agreements, terms and conditions. If you do not agree or do not want to be bound by such terms and conditions you should not order from this SpiceDevice.com website or have the right to use this website in any way, review information and/or obtain goods or products from or through this website. Should any terms or conditions be changed on this website you agree to be bound and accept such changed terms and conditions. Each time you access this website you confirm your agreement to abide by this agreement. This agreement constitutes the entire and only agreement between you and Dynamic Designs LLC and its officers, directors, employees, agents, or other representatives and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the website, the content, products or services provided by or through the website, and the subject matter of this agreement.
You may not, in whole or in part reprint, retransmit, distribute or reproduce any information from this website unless approved by Dynamic Designs LLC, in writing, prior to use.
You agree that Dynamic Designs LLC, its officers, directors, employees, agents, or other representatives shall have no liability to you under any theory of law, liability, or indemnity in connection with your use of Spice Device, the product, or SpiceDevice.com, the website. You hereby release, discharge, and forever waive any and all claims you may have against Dynamic Designs LLC, its officers, directors, employees, agents, or other representatives for losses or damages you sustained in connection with your access and use of Spice Device or SpiceDevice.com.
You agree to be solely responsible for any telephone charges, internet access fees, and other such similar fees and expenses you incur by accessing your account through this website.
Dynamic Designs LLC reserves the right to terminate this agreement and your access to this website, in whole or in part, at any time and for any or no reason.
You agree and acknowledge that between you and Dynamic Designs LLC, Dynamic Designs LLC exclusively owns all worldwide rights, title, and interest in and to all contents, graphics, designs, data, computer codes, ideas, know-how, computations, magnetic transactions, digital conversions, and other matters within the website and related to the website collectively as "Materials", and all modifications and all derivative works thereof, and all worldwide copyrights, trademarks, service marks, patents, trade dress, trade secrets, moral rights, and other intellectual or industrial property rights related thereto. The copying, redistribution, use or publication by you of any part of the website, except as allowed herein, is strictly prohibited.
You hereby agree and acknowledge that Dynamic Designs LLC and other marks on the website are either trademarks or service marks of Dynamic Designs LLC and shall remain the exclusive property of Dynamic Designs LLC. Other products and company
marks mentioned on the website may be trademarks of their respective owners.
Under no circumstances, including but not limited to, breach of contract, breach of warranty, tort including negligence, strict liability or otherwise, shall Dynamic Designs LLC be liable for any damages (special, consequential, incidental, or punitive including loss of goodwill, lost business, and profits) that result from your use of, or your inability to use, the materials in this website or Spice Device including, but not limited to, installation download problems, software access problems, or viruses affecting the website or Spice Device even if Dynamic Designs LLC or a representative has been advised of the possibility of such damages. Applicable law may not allow the full or partial limitation or exclusion of liability or damages, so that the above limitation or exclusion may not apply to you, but such exclusion is applicable to the least extent possible to avoid such exclusion.
Any action or proceeding to enforce any provision of, or based on any right arising out of this agreement must be brought against the parties in the courts of the State of California, or, if it has or can acquire jurisdiction in the United States federal court for the State of California, and you acknowledge and consent to the exclusive personal jurisdiction of such courts, and of the appropriate appellate courts in any such action or proceeding and waive any objection to venue laid therein. Process in any action or proceeding referred to in the preceding sentence may be served on you anywhere in the world. This agreement shall be governed by the State of California internal laws without regard to conflicts of law principles.
You agree to indemnify, defend, and hold harmless Dynamic Designs LLC and its officers, directors, shareholders, employees, partners, sponsors, agents, attorneys, representatives, subordinates, affiliates, successors, and assigns collectively from all liabilities, losses, damages, claims and expenses, reasonable attorney fees and costs, whether or not a lawsuit or other proceeding is filed, that in any way arises out of or relates to :
a) Your breach or violation of this agreement
b) Your use of the website
c) Any transaction or other activities you engage in with and third party service providers, third party merchant sites, merchants, or other third parties which are a part of an affiliate program or who access by or through this website
d) Your infringement or violation of the intellectual property or other right of third parties, and/or, your negligence or willful misconduct.
e) In the event you fail to promptly indemnify and defend such claims and/or pay Dynamic Designs LLC expenses, as provided above, Dynamic Designs LLC shall have the right to defend itself, and in that case, you will reimburse Dynamic Designs LLC for all reasonable attorney's fees, costs and damages incurred in settling or defending such claims within 30 days of each of Dynamic Designs LLCs written requests.
ALL WARRANTEES, EXPRESS OR IMPLIED OR STATUTORY, ARE HEREBY EXPRESSLY DISCLAIMED INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF THE COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. YOU UNDERSTAND AND AGREE THAT THE INFORMATION AND SERVICES ON THIS WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. DYNAMIC DESIGNS LLC HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICES PROVIDED OR PURCHASES OF PRODUCTS VIA THE WEBSITE. NO ADVISE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALTHOUGH WE HAVE TAKEN MEASURES TO PROVIDE SECURITY FOR COMMUNICATIONS FROM YOU TO DYNAMIC DESIGNS LLC VIA THIS WEBSITE AND MAY HAVE REFERRED TO SUCH COMMUNICATION AS "SECURED", DYNAMIC DESIGNS LLC CANNOT AND DOES NOT PROVIDE ANY GUARANTEE OR WARRANTY OF SUCH SECURITY.
Any cause of action by you with respect to the website and/or any information, products or services related thereto, must be instituted within one(1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in this agreement. The language in this agreement shall be interpreted as in accordance with its fair meaning and not strictly for or against either party. Should any part of this agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the website is in conflict or inconsistent with this agreement, this agreement shall take precedence.
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