Terms of Use – Shoppers Vend

Please read our
Terms of Use.

Policy Defined

This page states the “Terms and Conditions” under which you may use the website (the “Web Site). We’ve created these terms of use to protect you and ensure that you have an enjoyable and informative experience. Please read the following agreement carefully. By using this website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. If you do not accept the Terms and Conditions stated here, do not use this Web Site or order any products from it. (the “Company” or “us” or “we”) reserves the right to revise these Terms and Conditions at any time by updating this posting and without prior notice to you. You should visit this page periodically to review the Terms and Conditions because they are binding on you each time you access this Web Site and services. The terms “you”, “your” and “user” as used herein refer to all individuals and/or entities accessing this Web Site for any reason and any person or entity that orders goods from us.

Use Of Material

The Company authorizes you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use. “Material” is any text, graphics, photos, music, sounds, video, software, code, information, and articles found on this Web Site. By using this Web Site, you agree that all content is the sole property of the Company and may not be reproduced without prior written permission. All Material is protected under US and International copyright, trademark, and other laws. All Material is the property of the Company. The compilation (meaning the collection, arrangement, and assembly) of all content on this Web Site is the exclusive property of the Company and protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Online Orders & Purchase Orders

Web Site orders of goods, or goods ordered over the phone, fax, or email, shall be considered final once you agree to purchase goods and request that we begin processing your order for shipment. The order of goods through us shall constitute acceptance by you of these terms of use, which shall supersede all additional or conflicting terms and conditions between you and us. Unless otherwise agreed prior to ordering goods from us, payment terms are 100% paid in full prior to shipment. Should we agree to accept partial payment before shipping, then the balance of any remaining funds due to us shall be paid in full no later than 5 days following the delivery of the goods. Where allowed by applicable law, you agree to pay a finance charge, at a monthly rate of the maximum allowed by applicable law, on past due payments, beginning on the day of delivery of the goods. You agree to pay us all costs of collection, including, but not limited to, attorneys’ fees, collection fees, finance charges, arbitration costs, and court costs incurred to collect payment. Title to and risk of loss and damage to the goods purchased from us shall pass to you immediately upon delivery of the goods to a common carrier. You shall inspect all goods delivered within twenty-four (24) hours after delivery of goods (hereinafter, “Inspection Period”) and you shall notify us of any defects, shortages, over shipments, or nonconformance in any of the goods by the end of the Inspection Period. Any goods not rejected by you within such Inspection Period shall be deemed to have been accepted by you.

Prohibited Site Use

The Web Site may be used only for lawful purposes. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:

Transmittal of any content that is obscene, indecent, abusive, vulgar, hateful, offensive, unlawful, fraudulent, threatening, harassing, profane, sexually-oriented, racially offensive, or defamatory.
Transmittal of any content that infringes on the copyright, trademark, trade secret, or other intellectual property rights of others or violates the privacy, publicity, or other personal rights of others.
Transmittal of any content that is encrypted, constitutes junk mail (spamming), chain letters, pyramid schemes, any franchise, “club membership”, unsolicited advertising, promotional, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment, pays commissions only, requires recruitment of other members, sub-distributors or sub-agents.
Impersonation of any person or entity. Misrepresentation of an affiliation with a person or entity. Posting any incomplete, false, or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
Deleting or revising any material posted by any other person or entity.
Attempting to decipher, decompile, disassemble, or reverse engineer any of the application software comprising or in any way making up a part of the Web Site.
Aggregating, copying, or duplicating in any manner any of the materials or information available from the Web Site.
Violation of applicable national, state, or local laws or regulations.
Framing of or linking to any Material available from the Web Site.
Using any device, software, or routine to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this site.
Disclosing or sharing your password with any third parties or using your password for any unauthorized purpose.
Violation of the security rules of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, and (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

User Information

When you register for this Web Site you will be asked to provide the Company with certain information including, without limitation, a valid email address (your “Information”). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, e-mail address, or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. The Company reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the Company or by third parties. Please see the Company’s Privacy Policy for further details regarding your Information.

Indemnity

By using the Web Site, you agree to indemnify, defend and hold harmless the Company, its Officers, Directors, and Employees, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the Terms of Use. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.

Applicable Law & Arbitration

You agree that these Terms of Use shall be governed in accordance with the laws of the State of South Carolina, without giving effect to its conflict of laws provision. You agree to submit to the personal jurisdiction and venue of such courts and arbitrators. You agree that any controversy, claim, or dispute of any kind arising out of or relating to the Web Site, the goods ordered from us, or any order of goods from us, shall be settled by final, binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commerce Arbitration Rules. You expressly waive any challenge to the use of arbitration as set forth in these Terms of Use. You agree that all arbitrations shall be held in Charleston, South Carolina unless otherwise agreed in writing by us. The award made by the arbitrators shall be binding and may be entered as a judgment in any court having jurisdiction. The arbitrators are directed to award the expenses of arbitration, including required travel and other expenses of the parties, arbitrators, AAA representatives and witnesses, the filing fee, administrative fees and any other charges of the AAA, and attorneys’ fees and costs, to the prevailing party in the arbitration. If any part of this arbitration clause or any of these terms of use are held to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect.

Copyright Information

All of the writing at our site is the property of the Company and is protected under copyright laws unless otherwise noted. Reproduction of material is strictly prohibited without the prior written permission of the Company. The Company reserves the right to publish material contributed by users. This includes feedback, comments, and general correspondence when appropriate. By submitting content to any public or non-public area of the Web Site, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store, and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
The Company permits the following reproduction: (a) any material you wish to quote up to a paragraph in length and used for commentary purposes provided you credit the Web Site and include a link to the Web Site, (b) general links to the Web Site for informational purposes, and (c) downloading or printing a single copy of Material for offline viewing.

General

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed in accordance with the laws of the State of Florida. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of this Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Please read our Terms of Use.