terms of service
Welcome to the Condiment website ("Condiment," "we," "us" or "our").
Please take some time to review these Terms and Conditions. Your use of this website and/or purchase of any products through this website constitute your agreement to the following Terms and Conditions. By accessing GetCondiment.com (the "Website"), you (the "User" or "you") represent and warrant that you have read, understood and agree (1) to be bound by the following Terms and Conditions ("Agreement"); (2) that you have the right, authority, and capacity to abide by this Agreement; and (3) that you agree to comply with all applicable laws and regulations concerning your access and use of the website.
Condiment reserves the right to update, change, modify or otherwise alter these Terms and Conditions at any time without prior notice. Such revisions shall be effective immediately upon notice thereof, and any such notice may be given through any means, including but not limited to posting of the revised terms on the Website. It is your responsibility to review this Agreement for revisions and modifications that may affect your rights or obligations hereunder. You agree that you shall be bound by any such modifications to those terms. ANY ACCESS OR USE OF THIS WEBSITE BY YOU AFTER NOTICE OF REVISIONS SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THE REVISED TERMS. If you do not want to be bound by these Terms, do not use the Condiment website.
These Terms are effective unless and until terminated by Condiment. Condiment may terminate these Terms without notice and at any time. In the event of termination, you are no longer authorized to access Condiment's website and the restrictions imposed on you with respect to the Content (as defined herein) and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination. Condiment shall also have the right without notice and at any time to terminate the Website or any portion thereof, or any products or services offered through the Website, or to terminate any individual's right to access or use the Website or any portion thereof.
Access and Use of Website
• You cannot access or use the Condiment website for any illegal or unauthorized purpose. International users agree to comply with all local laws regarding privacy, online conduct and acceptable content;
• You must not modify, adapt or hack into the Website or modify another website so as to falsely imply that it is associated with the Website.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not violate any laws in your jurisdiction (including but not limited to trademark and copyright laws).
Ownership, Proprietary Information, and Intellectual Property
All text, images, photographs, logos, illustrations, descriptions, data and any other materials provided on the Website are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Condiment reserves the right to change, delete, update or otherwise alter the Content at anytime without providing further notice. The Content is provided for informational purposes only and is not binding on Condiment in any way except to the extent that it is specifically indicated to be so.
Except for Content linked to or from an external source, all other Content that appears as part of this website (including text, graphics, images, illustrations, designs, icons, photographs, video clips, audio clips, interfaces, software, logos, titles, and names and collectively ("Intellectual Property") are the property of Condiment.
The website as a whole and all Content and Intellectual Property are protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except for that information which is in the public domain or for which you have been given express written permission to use by Condiment, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, transfer, or sell any Intellectual Property, information, software or products obtained from or through this Website, in whole or in part. Any use of the Content, except as specifically provided in this Agreement, is strictly prohibited.
Third party content that is linked to or from the Website belongs to such third parties or users, as applicable. Such linked use does not constitute sponsorship, endorsement or approval by Condiment of such linked content. Linked sites are operated, controlled or maintained by their respective owners and Condiment is not responsible for the content, security, policy, practices or availability of such linked sites. Links to other sites are provided for your convenience only. Accessing of such linked sites is at your own risk.
If you believe that your work has been copied in a way that constitutes copyright infringement, you should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to Condiment Media Company, 8447 Clinton, Los Angeles, CA 90048.
All prices displayed on the Website are quoted in U.S. dollars. U.S. shipping only. No international shipping. Shipping and handling fees and applicable sales/use tax will be added by Condiment as necessary. Condiment reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations to you. Products displayed on the Website are available while supplies last. If product is on back order, customer will be notified via email and the credit card will not be charged. The receipt by you of an order confirmation does not constitute Condiment's acceptance of an order. Prior to Condiment's acceptance of an order, verification of information may be required. Condiment reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Condiment, for any reason.
Condiment issues full refunds on new, unworn and/or undamaged merchandise within fourteen (14) days of purchase of unused, unworn items without damage in original packaging. Absolutely no refunds or returns on perishable items.
Unauthorized Use of the Website
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere or attempt to interfere with, or impose an unreasonable burden or load on, the operation of the website. You shall not use the Website for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by the terms and conditions of this Agreement. Illegal and/or unauthorized uses of the Website, including, but not limited to, unauthorized framing of or linking to the website or unauthorized use of any robot, spider, or other automated device on the Website, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
Linking Sources to Our Website
If Condiment authorizes you to deep-link your website or a service offered by your website to GetCondiment.com, in addition to and notwithstanding anything to the contrary, you understand and agree that (1) Condiment has no obligation to continue to provide or make the service available; (2) all conditions, disclaimers and limitations on use set forth in this Agreement remain in effect; (3) all intellectual property rights relating to Condiment and its technology, including all ownership rights, remain the exclusive property of Condiment; (4) you will be solely responsible for the data and content that you will publish on your website; and (5) Condiment may terminate your access at any time in its sole discretion.
Condiment reserves the right, but not the obligation, to remove any linked source if it contains or features any of the following unacceptable content:
i. Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech;
ii. References to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations ;
iii. Messages commenting on other users;
iv. Content that contains personal attacks or describes physical confrontations and/or sexual harassment;
v. Content that is advertising or commercial in nature, or is inappropriate based on the applicable subject matter;
vi. Language that violates the standards of good taste or the standards of this Website, as determined by Condiment in its sole discretion;
vii. Content determined by Condiment to be illegal, or to violate any federal, state, or local law or regulation, or the rights of any other person or entity;
viii. Language intended to impersonate other users (including names of other individuals) or offensive or inappropriate user names or signatures;
ix. Content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.
If you see objectionable content or have any questions about this Agreement, please contact Condiment at firstname.lastname@example.org
Although Condiment cannot monitor the conduct of its users of the Website, it is a violation of this Agreement to use any information obtained from our website in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
Violation of the Terms
You agree that monetary damages may not provide a sufficient remedy to Condiment for violations of the terms of this Agreement, and you consent to injunctive or other equitable relief for such violations.
You agree to indemnify, defend and hold harmless Condiment, its agents, distributors and affiliates, and their officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, resulting from your breach of any provision of this Agreement, or any warranty you provide herein, or otherwise arising in any way out of your use of the Website. Condiment reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Condiment in asserting any available defenses.
Changes to this Agreement
Condiment reserves the right, in its sole discretion, to modify, suspend, or terminate this Agreement and the Website and/or any portion thereof, and/or your account, password at any time for any reason with or without notice to you. Please review this Agreement periodically for changes. Your continued use of this Website constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue access to the Website.
Modification/Termination of Website
In the event of termination, you will still be bound by your obligations under this Agreement and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability. Condiment shall not be liable to you for any termination of your access.
General Legal Provisions
This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of California, including California rules concerning conflicts and choice of law, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, USA, in all disputes arising out of or relating to this Website. Access to our Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover attorneys' fees and costs.
No joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or use of the Website.
If any provision in this Agreement is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved.
This Agreement is the entire and final agreement regarding access to the Website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.