Terms & Conditions
Effective: October 15, 2014
In using this website you are deemed to have read and agreed to the following terms and conditions:
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Welcome to Aglamesis.com! This website is owned by Aglamesis Brothers as a DBA of Aglamesis Inc. This document governs your relationship with Aglamesis.com and any related mobile applications. Access to and use of this Website and the products and services available through this Website are subject to the following terms, conditions and notices (the "Terms of Service").
We have included the effective date of our Terms above. We reserve the right to update or modify these Terms of Service at any time without prior notice. Your use of the Website following any such change constitutes your agreement to follow and be bound by the Terms of Service as changed. For this reason, we encourage you to review these Terms of Service whenever you use Aglamesis.com. These Terms supersede all previous notices or statements regarding the Website. Aglamesis Brothers reserves the right to terminate or discontinue any and all aspects of Aglamesis.com in our sole discretion and without any notice including, but not limited to, information, other materials, products, features and/or hours of availability without liability.
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 Aglamesis Brothers and are protected by copyright laws and treaties around the world. All such rights are reserved by Aglamesis Brothers. 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.
Links
This Website may contain links to other websites (the "Linked Sites"), which are not operated by aglamesis.com. Aglamesis Brothers has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from use of them. Aglamesis Brothers does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Aglamesis Brothers shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. Aglamesis Brothers reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any linked site.
Permission must be granted by Aglamesis Brothers for any type of link to Aglamesis.com. To request permission, you may write to Aglamesis Brothers at the address below. We reserve the right to deny any request or rescind any permission granted by us to link through any type of link and to require termination of any link to our website at our discretion at any time.
Users
You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through the Website you represent that you meet these age restrictions.
To place an order on Aglamesis.com you must possess a valid MasterCard, Visa, Discover, American Express credit or debit card Aglamesis.com retains the right to refuse any order or request made by you. When placing an order you undertake 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.
Aglamesis Brothers 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.
Privacy Policy
Our privacy policy, which sets out how we will use your information, can be found at [Privacy Policy Link]. By using Aglamesis.com, you consent to the processing described therein and warrant that all data provided by you is accurate.
Password Security
If you register for an account with Aglamesis.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur using your account or password.
Product Information
All prices advertised are subject to change.
Most products displayed on Aglamesis.com are available at Aglamesis Brothers stores. In some cases, merchandise displayed for sale on or through the website may not be available at Aglamesis Brothers stores. The prices displayed on or through Aglamesis.com are quoted in U.S. Dollars and are valid and effective only in the U.S. and for website sales. Store prices may differ from prices shown on or through Aglamesis.com
All orders are subject to availability. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
Aglamesis Brothers strives for all its website content to be accurate. However, from time to time, there may be information available on or through the website or elsewhere that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. If we discover an error in the price of any goods which 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.
No advertisement or product listing is a binding offer of sale. No order is final until shipped and Aglamesis Brothers may cancel any order at any time prior to shipping.
Because the colors of the images which you see will on Aglamesis.com depend, in large part, on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
Submissions
We welcome your comments. Sending us any comments, feedback, testimonials, notes, messages, suggestions, criticisms, or other communications (collectively "Comments"), whether oral or written, you hereby grant to Aglamesis Brothers an irrevocable, non-exclusive, fully paid, royalty free, worldwide, transferable license to reproduce and use such Comments, in any medium now known or hereinafter created, for any purpose whatsoever. You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that Aglamesis Brothers has no duties to you, with respect to such Comments.
You may not use unlawful, obscene, profane, threatening, etc., language or content in any message sent to us or to a third-party through the use of Aglamesis.com, including, without limitation, gift messages, greeting cards, and messages sent when forwarding product information.
We may, but are not obligated to, restrict or remove any and all content from a Message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other Aglamesis Brothers’ customers, or any third party.
Disclaimer of Liability
AGLAMESIS.COM IS PROVIDED BY AGLAMESIS BROTHERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. AGLAMESIS BROTHERS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, AGLAMESIS BROTHERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AGLAMESIS BROTHERS DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM AGLAMESIS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES ON AGLAMESIS.COM IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES, AND THAT AGLAMESIS BROTHERS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THE SERVICES.
Limitation of Liability
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL AGLAMESIS.COM, AGLAMESIS BROTHERS, AGLAMESIS INC OR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ANYONE USING YOUR ACCOUNT'S) USE OF AGLAMESIS.COM
Indemnity
You agree to indemnify, defend and hold harmless Aglamesis.com, Aglamesis Brothers, Aglamesis Inc. its directors, 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.
These Terms of Use shall be governed in all respects by the laws of the State of Ohio.
User Conduct
You agree to use Aglamesis.com only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content. You agree not to use the Website in any manner that might interfere with the rights of third parties.
You must not misuse Aglamesis.com. You will not: Post any information which is incomplete, inaccurate, false or not your own; impersonate another person; post material that is copyrighted or otherwise owned by a third party, 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 Service; 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 would constitute a criminal offense and Aglamesis Brothers will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
Termination of Usage
Aglamesis Brothers may terminate your access, or suspend your access to all or part of Aglamesis.com, without notice, in Aglamesis Brother’s sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that Aglamesis Brothers, in its sole discretion, believes is a violation of these Terms of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, Aglamesis Brothers, or its corporate parent(s) or affiliates.
Variation
Aglamesis Brothers shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of Aglamesis.com.
Invalidity
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. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Waiver
The failure of Aglamesis Brothers to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Aglamesis.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Aglamesis Brothers.
Contact Information for Aglamesis Brothers
Email: sales@aglamesis.com
Mail: Aglamesis Brothers, 3046 Madison Road, Cincinnati, OH 45209
Call: 1-888-334-7994 (Mon-Fri 9:00 a.m. – 5:00 p.m. EST)
