TERMS OF SERVICE
This website (“Site”) is operated by Carlilloyd.com, LLC. These terms and conditions (“Terms of Service”) govern your access to and use of the Site as well as the content, functionality, goods and/or services offered through Site. Throughout these Terms of Service, the terms “we”, “us” and “our” refer to Carlilloyd.com, LLC, and the terms “you” and “your” refer to any visitor to or user of the Site.
These Terms of Service are effective as of: 01-13-2020.
YOU MUST BE AT LEAST 18 YEARS OF AGE
By using and/or registering and/or providing any information on the Site, you certify that you are at least eighteen (18) years of age and of legal age to form a binding contract. If you are under 18 years of age you must immediately exit and make no further use of the Site. We do not collect personally identifiable information from any person whom we actually know is under the age of eighteen (18).
CHANGES TO THE SITE AND/OR TERMS OF SERVICE
From time to time and without providing notice to you, we will make changes or improvements to the items, services, and/or features included on the Site. Additionally, from time to time and in our sole discretion, we will change or make additions to these Terms of Service, in which case we will post the revised Terms of Service on the Site and the revised Terms of Service will be effective immediately upon posting. We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Site.
You are responsible for reviewing the most current version of the Terms of Service before using the Site to ensure that you agree to any revisions to the Terms of Service. If at any time you do not agree to the revisions, you should immediately cease all use of and access to the Site. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified. You further agree that these methods of providing notice and acceptance of changes or amendments to these Terms of Service and to the Site are reasonable.
CHANGES TO PRODUCTS AVAILABLE THROUGH SITE
The products displayed on the Site are continuously being updated and changed and it is possible that some of the items that are displayed on the Site may not be available for purchase at any particular time. We are not responsible to you, or to any other party, if an item displayed on the Site is not available for purchase at any particular time. Prices for our products are subject to change without notice.
Our web store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
You represent that all of the information, data, and other materials you provide on the Site or to us through any other means, are true, accurate, and complete. You are responsible for updating and correcting the information you have provided on the Site or to us through any other means, as appropriate.
You must not use the Site: (a) to violate any local, state, national or international law, to interfere with or disrupt the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (b) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (d) to submit false or misleading information; (e) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites, or the Internet; (f) to collect or track the personal information of others; (g) for any obscene or immoral purpose; or (h) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet.
Additionally, without our prior written consent, you may not (a) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam); (b) use any high volume, automated, or electronic means (including without limitation robots, spiders, scripts or other automatic device) to monitor or copy our web pages or the content contained thereon; (c) link or deep-link to the Site for any purpose except as described in these Terms of Service; or (d) frame the Site, place pop-up windows over its pages, or otherwise affect the display of the Site.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to your account or any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Additionally, if we believe that you have breached or violated of any of the Terms of Service, we may immediately terminate your use of and/or access to the Site.
PERMISSION TO ACCESS THE SITE
Permission is hereby granted to the extent necessary to lawfully access and use the Site and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of the Site on a temporary basis and for your individual non-commercial use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Site is not accurate, complete or current. . We do not warrant the accuracy, completeness, or usefulness of this information. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this Site is at your own risk We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
Unless otherwise indicated, the Site and its design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright, trademark and other proprietary laws, including but not limited to those of the United States, and all rights therein are the property of Carlilloyd.com LLC or the material is included with the permission of the rights owner.
You acknowledge that Carlilloyd.com LLC owns all right, title and interest in and to all of the information on the Site, and all underlying software and technology, including without limitation all Intellectual Property Rights, or that the material is included with the permission of the rights owner. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
TRADEMARKS. Certain of the names, logos, and other materials displayed on the Site constitute trademarks, tradenames, service marks or logos (“Marks”) of Carlilloyd.com LLC or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with Carlilloyd.com LLC or those other entities.
COPYRIGHTS; RESTRICTIONS ON USE. The content made available to you through the Site, including without limitation, text, databases, software, code, music, sound, photos, and graphics (“Our Content”), is: (a) copyrighted by Carlilloyd.com LLC and/or its licensors under United States and international copyright laws; (b) subject to other intellectual property and proprietary rights and laws; and (c) owned by Carlilloyd.com LLC or its licensors. Except as permitted in the Terms of Service, Our Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, performed, displayed, or redistributed in any way without our prior written permission and/or the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Content.
THIRD-PARTY TOOLS AND LINKS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
The Site may include links that direct you to third-party websites and resources that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
We may disable all or any social media features that may be included on the Site and any links at any time without notice in our discretion.
LINKING TO THE SITE
You may link to the homepage of the Site provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Subject to the foregoing, you must not: cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; link to any part of the Site other than the homepage; otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Service. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related website should be taken to indicate that all information on the Site or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME OR DELETE THE SITE ENTIRELY AT ANY TIME, WITHOUT ANY NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. WHEN USING THE SITE, INFORMATION WILL BE ACCESSED BY YOU OVER A MEDIUM THAT IS BEYOND OUR CONTROL. AS A RESULT, WE DO NOT ASSUME ANY LIABILITY FOR, OR RELATING TO, THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH YOUR USE OF THE SITE, AND YOU (AND NOT CARLILLOYD.COM LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. WE DO NOT ASSUME ANY LIABILITY RELATED TO YOUR USE OF ANY THIRD-PARTY WEBSITES LINKED TO THE SITE, OR OTHERWISE. ACCESS TO THE SITE, AND THE CONTENT OF THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE SITE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
CARLILLOYD.COM LLC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE WITH RESPECT TO THE SITE OR THE PRODUCTS SOLD THEREON, AND THE SERVICES PROVIDED THEREON, OR WITH RESPECT TO ANY WEBSITE TO WHICH THE SITE IS LINKED. CARLILLOYD.COM LLC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE (i) ACCURACY, COMPLETENESS, CORRECTNESS OR TIMELINESS OF THE INFORMATION PROVIDED ON OR THROUGH THE SITE, (ii) THE QUALITY AND SECURITY OF THE SITE, INCLUDING WHETHER THE SITE WILL BE FREE OF VIRUSES, UNAUTHORIZED CODE OR OTHER HARMFUL COMPONENTS, OR (iii) THE INABILITY TO ACCESS THE SITE OR ITS CONTENT OR TO PURCHASE AN ITEM DISPLAYED ON THE SITE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
These Terms of Service give you specific legal rights and you may also have other rights which vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in herein may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out herein shall apply to the fullest extent permitted by the laws of such applicable jurisdictions.
LIMITATION OF LIABILITY
YOU AGREE THAT IN NO CASE SHALL CARLILLOYD.COM LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM ACCESSING, USING, PRINTING, COPYING, OR DOWNLOADING ANYTHING FROM THE SITE OR FROM ANY PRODUCTS PROCURED THROUGH THE SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY PRODUCT PURCHASED THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF ADVISED OF THEIR POSSIBILITY.
CARLILLOYD.COM LLC’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS OF SERVICE, INCLUDING BUT NOT LIMITED TO DISSATISFACTION WITH ANY PRODUCTS/SERVICES SOLD THROUGH THE SITE, SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES, OR LIMITATIONS UPON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL WE BE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR THE CONTENT.
Any claims made by you in connection with your use of the site, or its content, must be brought within one (1) year of the date on which the event giving rise to such action occurred. All remedies set forth herein are exclusive and are limited to those expressly provided for in these Terms of SERVICE.
You agree to indemnify, defend and hold harmless Carlilloyd.com, LLC and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, against any and all claims, demands, liabilities, damages, losses, costs, expenses, and fees, including reasonable attorneys’ fees, that such parties may incur resulting from or alleged to result from: your breach of these Terms of Service or the documents they incorporate by reference; (ii) your violation of any law, regulation, rule or order pertaining to your use of the Site or your violation of the rights of a third-party; or (iii) your unauthorized or unlawful use of the Site.
Carlilloyd.com LLC is based in New Jersey in the United States of America and makes no claims that the Site is appropriate for, or may be accessed, downloaded or used by, persons residing outside of the United States of America. We make no representation that the Site is appropriate or may legally be used in the nation, state, province or other jurisdiction in which you reside, do business, or are incorporated or organized, and access to the Site is prohibited from jurisdictions where the Site, or its content, is illegal.
Those who choose to access the Site do so on their own initiative and are responsible for compliance with applicable laws. You may not use or export any products in violation of U.S. export laws and regulations or the export laws and regulations of any other country. Access to the Site may not be legal by certain persons in certain countries. If you access the Site from outside the United States of America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
We may assign these Terms of Service, in whole or in part, in our sole discretion. You may not assign your rights under these Terms of Service without our prior written permission. Any attempt by you to assign your rights under these Terms of Service without our permission shall be void.
The headings of the various sections of these Terms of Service have been inserted only for the purposes of convenience, and those headings shall not be deemed, in any manner, to modify, enlarge or restrict any of the provisions of these Terms of Service.
You agree that we, in our sole discretion, may terminate your use of, and/or access to, the Site, for any reason and without prior notice, including, without limitation, if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE.
WAIVER/ ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found to be invalid by any court having jurisdiction to make such a determination, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
These Terms of Service and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us, and governs your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW AND JURISDICTION
You agree that these Terms of Service, and any suit, action or proceeding arising out of or in connection with any dispute with Carlilloyd.com, LLC, including without limitation any claim involving Carlylloyd.com, LLC or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents, shall be governed by and construed in accordance with the laws of the State of New Jersey, including, without limitation, its validity, construction, interpretation and performance, and without regard to provisions regarding conflicts of law.
You agree that with respect to any suit, action or proceeding arising out of or in connection with any dispute with Carlilloyd.com LLC, including without limitation any claim involving Carlilloyd.com LLC or its parents, subsidiaries, affiliates, officers, directors, and other partners, employees, consultants and agents: (i) you will submit to the jurisdiction of the courts of the State of New Jersey, including, without limitation, the United States District Court for the District of New Jersey, and (ii) you irrevocably waive any objection that you may have at any time to the laying of venue of any suit, action or proceeding arising out of or relating hereto brought in any such court; irrevocably waive any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum; and irrevocably waive the right to object, with respect to any such claim, suit, action or proceeding brought in any such court, that such court does not have jurisdiction over you.
SURVIVABILITY AND RESERVATION OF RIGHTS
The following provisions of the Terms of Service survive the expiration or termination of the Terms of Service for any reason whatsoever: Limitation of Liability, Disclaimer of Warranties, Termination, Indemnification, and Governing Law and Jurisdiction.
We reserve all rights not expressly granted to you herein.
For more information about our Terms of Service, if you have any questions, or if you would like to make a complaint, please contact us by e‑mail at firstname.lastname@example.org or by mail using the details provided below:
P.O. Box 161
Medford, NJ 08055