Terms and Conditions
Terms of Service
You are visiting the Viral Lids LLC.
website, www.virallids.com
(the “Site”). The Site is an Internet property of Viral Lids LLC
(“the Company,” “we,” “our” or “us”). Each user or visitor to
the Site (“User,” “you” or “your”) consents to the provisions
specified in the “Consent” Paragraph below, and by
interacting with this site the User represents to Viral Lids
LLC that the User intends to comply with this Agreement, as
“the Agreement” is further defined below in Paragraph 2.
1. User’s Agreement: PLEASE REVIEW THE TERMS OF
THE AGREEMENT CAREFULLY. YOUR USE OF THIS
SITE AND ITS RELATED COMPONENTS CONSTITUTES
A REPRESENTATION BY YOU TO VIRAL LIDS LLC THAT
YOU INTEND TO BE BOUND BY THE TERMS OF THIS
AGREEMENT. YOU UNDERSTAND AND ACCEPT THAT
VIRAL LIDS LLC WILL RELY ON YOUR
REPRESENTATION IN PROVIDING THE SITE
OFFERINGS. IF A USER DOES NOT AGREE WITH THE
TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THE
USER IS NOT AUTHORIZED TO USE THE SITE
OFFERINGS IN ANY MANNER AND SHOULD
DISCONTINUE USE IMMEDIATELY.
NOTE THAT THIS AGREEMENT CONTAINS
DISCLAIMERS OF WARRANTIES, LIMITATIONS OF
LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND
THE REQUIREMENT TO ARBITRATE ANY AND ALL
CLAIMS THAT MAY ARISE HEREUNDER. THE
AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL
BASIS OF THE AGREEMENT. NEW JERSEY
STATE RESIDENTS ARE ENCOURAGED TO REVIEW
THEIR RIGHTS UNDER THE AGREEMENT, AS
PROVIDED UNDER THE NEW JERSEY TRUTH-
INCONSUMER CONTRACT WARRANTY AND NOTICE
ACT (“TCCWNA”).
2. Incorporated Policies: The Agreement between the
Company and the
User incorporates these Terms of Service (also known as
“Terms and Conditions”), the Company Privacy Policy
(“Privacy Policy”), the contest rules applicable to any
Promotion (“Contest Rules”), the Return or Exchange Policy
(“Return Policy”) and any and all other applicable operating
rules, policies, price schedules and other supplemental
terms and conditions or documents that may be published
from time to time, all of which are expressly incorporated
herein by reference (collectively, the “Agreement”). By using
and/or accessing the Site Offerings, Users agree to comply
with and be bound by the Agreement in its entirety.
3. User’s Consent: By entering or using this and the related
sites, the User consents to the Viral Lids LLC “Agreement,”
including all incorporated policies, in their entirety. The
User’s continued use of or presence on this site or related
sites or media represents to Viral Lids LLC. that User
intends to be bound by, and intends that the Company rely
on User’s representation that she/he consents to be bound
by, all of the provisions of the Agreement. User understands
and acknowledges that the User’s “Use or presence” shall
be conclusively inferred by the Company when the User
takes any of the following actions: (a) accesses or uses the
Site; (b) accesses and/or views any of the links to third party
providers products and services (“Third-Party Links”) and/or
text, video, articles and/or other information made available
on the Site (the “Informational Content,” and together with
the Third-Party Links, the “Content”); (c) enters one of the
promotions, sweepstakes and/or contests featured on the
Site from time-totime (collectively, “Promotions”); (d)
registers to receive the Viral Lids LLC newsletter
(“Newsletter”); (e) purchases any of the merchandise made
available by and through the Site and associated Site
Offerings (as defined below) (“Merchandise”); (f) accesses
links to Company’s social media pages/accounts
(collectively, “Social Media Pages”) featured on third-party
social media websites, such as, for example: Facebook®,
Google+®, Instagram®, LinkedIn®, Pinterest®, Snapchat®,
Twitter® and YouTube® (collectively, “Social Media
Websites”); (g) accesses or interacts with message boards,
comment sections, messaging functionality and other
interactive features provided by the Site (“Interactive
Services”); and/or (h) utilizes the various contact forms
and/or contact information made available on the Site as a
means to contact directly, or request to be contacted by,
Company (collectively, the “Contact Services,” and together
with the Site, Content, Promotions, Newsletter,
Merchandise, Social Media Pages and Interactive Services,
the “Site Offerings”).
4. Incorporated Policies: These Terms and Conditions
incorporate the Viral Lids LLC Privacy Policy (“Privacy
Policy”), the contest rules applicable to any Promotion
(“Contest Rules”), the Return or Exchange Policy (“Return
Policy”) and any and all other applicable operating rules,
policies, price schedules and other supplemental terms and
conditions or documents that may be published from time to
time, all of which are expressly incorporated herein by
reference (collectively, the “Agreement”). By using and/or
accessing the Site Offerings, Users agree to comply with
and be bound by the Agreement in its entirety.
5. Scope; Modification Of Agreement. This Terms of
Service/Terms and Conditions Document (“the Agreement”)
constitutes the entire and only agreement between Users
and Company with respect to Users’ use of the Site
Offerings, and supersedes all prior or contemporaneous
agreements, representations, warranties and/or
understandings with respect to same. The Agreement
incorporates the Viral Lids LLC Privacy Policy
(“Privacy Policy”), the contest rules applicable to any
Promotion (“Contest Rules”), the Return or Exchange Policy
(“Return Policy”), and other related policies and rules that
may be adopted from time to time, including Special Offers
and other Promotions. Company may amend the Agreement
from time to time in its sole discretion, without prior notice to
Users; provided, however, that: (a) any material changes to
the Agreement will be announced on the website, and/or by
email, website banner, text message or other medium; (b)
any amendment or modification to the Agreement’s
arbitration provisions, prohibition on class action provisions
or any other provisions applicable to dispute resolution
(collectively, “Dispute Resolution Provisions”) shall not apply
to any disputes incurred prior to the applicable amendment
or modification; and (c) any amendment or modification to
pricing and/or billing provisions (“Billing Provisions”) shall
not apply to any charges incurred prior to the applicable
amendment or modification. The latest Agreement will be
posted on the Site, as well as noticed as referenced above;
Users should review the Agreement prior to using any Site
Offerings.
A User’s continued use of the Site, or Site Offerings,
constitutes the User’s agreement to comply with all of the
terms and conditions contained within the Agreement
effective at that time (other than with respect to disputes
arising prior to the amendment or modification of the
Dispute Resolution Provisions, or charges incurred prior to
the amendment or modification of the Billing Provisions,
which shall be governed by the Dispute Resolution
Provisions and/or Billing Provisions then in effect at the time
of the subject dispute or incurred charges, as applicable).
6. Requirements for Use. The Site Offerings are available
only to individuals who can enter into legally binding
contracts under applicable law. The Site Offerings are not
intended for use by individuals under eighteen
(18) years of age (or the applicable age of majority, if
greater than eighteen (18) years of age in their jurisdiction).
If a User is under eighteen (18) years of age (or the
applicable age of majority, if greater than eighteen (18)
years of age in her/his jurisdiction) and/or if that User is
unable to enter into legally binding contracts under
applicable law, that User does not have permission to use
and/or access the Site Offerings.
You shall be responsible, at all times, for ensuring that you
have an Internet connection, computer/mobile device, up-to-
date Internet browser versions, a functioning e-mail account,
applicable software, applicable hardware and/or other
equipment necessary to access the Site Offerings.
Company does not guarantee the quality, speed or
availability of the Internet connection associated with your
mobile device and/or computer. Company does not
guarantee that the Site Offerings can be accessed: (i) on all
mobile devices; (ii) through all wireless service plans; (iii) in
connection with all Internet browsers; or (iv) in all
geographical areas. Standard messaging, data and wireless
access fees may apply to your use of the Site Offerings
through your wireless device. You are fully responsible for
all such charges and Company has no liability or
responsibility to you, whatsoever, for any such charges
billed by your wireless carrier.
7. Termination: Company may terminate a User’s access to
the Site Offerings at any time and for any reason, in its sole
discretion. Such reasons may include, without limitation,
Company’s belief that such User is: (a) in any way in breach
of the Agreement; and/or (b) engaged in any improper
conduct in connection with the Site Offerings.
User’s violation of this Agreement or of Company Policies,
within Company’s sole determination and discretion, may
result in Company’s investigation of reasonably suspected
wrongful activity, including seeking additional verification of
identity of Users, buyers, contestants and others, prior to
completion of providing services, sales, delivery of product,
award of prizes, making refunds and exchanges, or other
activities by the Company. In an appropriate instance,
Company reserves the right to make a referral to and to
assist law enforcement or to protect itself through injunctive
relief.
8. User Data. Where a User attempts to register for the
Newsletter, enter a Promotion, purchase Merchandise,
request Return or Exchange, utilize the Contact Services,
and/or utilize other Site Offerings, that User may be required
to submit, and Company may collect, some or all of the
following information: (a) the User’s full name; (b) the User’s
e-mail address; (c) the User’s telephone number; (d) the
User’s mailing address (and billing address, if different); (e)
information pertaining to the User’s preferred
Payment Method (as defined below); (f) proof of the User’s
identity (including provision by the User upon request of a
government-issued photo ID; and (g) any other information collected via the applicable form (collectively, “Form User Data”) or by Company
request. The Company will manage Form User Data in
accordance with the Company’s Privacy Policy.
Where a User accesses the Site Offerings using her/his
Facebook® account, Company may collect some or all of
the following (depending on the User’s Facebook® account
settings and the discretion of Facebook®): (i) the User’s e-
mail address; (ii) the User’s Facebook® account ID and the
“likes” associated with the User’s Facebook® account; and
(iii) any other information collected via the Facebook®
account interface, depending on the User’s Facebook®
account settings (collectively, “Facebook® Registration
Data”).
Where a User accesses the Site Offerings using her/his
Google® account,
Company may collect some or all of the following
(depending on the User’s Google® account settings and the
discretion of Google®): (A) the User’s email address; (B) the
User’s full name; and (C) the User’s gender (collectively,
“Google® Registration Data,” and together with the
Form Registration Data and Facebook® Registration Data,
the “User Data”).
Each User agrees to provide true, accurate, current and
complete User Data. Company’s use of User Data shall be
governed by the Privacy Policy. For a copy of the Privacy
Policy, please Click Here. Should Company reasonably and
within its sole discretion have reason to doubt the truth,
accuracy, currency or completeness of User-provided
information, User authorizes Company to investigate the
questioned data and User agrees to provide any reasonably
requested information.
9. Merchandise; Return or Exchange; Payment
Provisions. (a) Merchandise. By completing the applicable purchase
form, Users can purchase Merchandise on the Site. Where
you purchase Merchandise, the credit and/or debit card that
you provided on the purchase or payment form, your Apple
Pay® account, Google Pay®, PayPal® account, Zelle®
account and/or any other payment options offered by
Company from time-to-time (collectively, “Payment
Method”), will be charged the amount listed, plus applicable
sales tax. UNLESS OTHERWISE INDICATED IN SECTION
9(c) BELOW, ALL SALES OF MERCHANDISE ARE FINAL
AND NONREFUNDABLE.
Apple Pay®, is a registered trademark of Apple, Inc.
(“Apple”). PayPal® is a registered trademark of PayPal, Inc.
(“PayPal”). Zelle® is a registered trademark of Early
Warning Services, LLC (“Zelle”). Please be advised that
Company is not in any way affiliated with Apple, PayPal or
Zelle, and the Site Offerings are not endorsed, administered
or sponsored by Apple, PayPal or Zelle.
(b) Merchandise Disclaimers. Please be advised that
Company does not itself manufacture or produce the
Merchandise. The Merchandise, Merchandise descriptions,
statements regarding Merchandise efficacy and
photographic images of the Merchandise are provided
directly by the Merchandise manufacturers, not Company,
and are reprinted on the Site with the permission of the
applicable Merchandise manufacturers. As a result,
Company has no control over: (i) the quality, safety or
legality of those Merchandise offerings; and/or (ii) the truth
or accuracy of those Merchandise descriptions and
associated claims regarding efficacy of, or other outcomes
associated with, such Merchandise. Company does not
warrant that the Merchandise descriptions are accurate,
complete, reliable, current or error free. We have made
every effort to display as accurately as possible the colors of
the Merchandise that appear on the Site. However, as the
actual colors you see will depend on your monitor/screen
and other factors associated with your computer, mobile
device or other device used to access the Site, as
applicable, we cannot guarantee that the depiction of any
color as viewed by you through your monitor/screen will be
accurate.
In the event that Merchandise is listed at an incorrect price
point due to a typographical error or an error in pricing
information received from our suppliers, Company shall
have the right to refuse or to cancel any orders placed for
the Merchandise so listed at the incorrect price. Company
shall have the right to refuse or cancel any order whether or
not the order has been confirmed and whether or not the
applicable Customer paid for such Merchandise. If a
Customer has already paid for Merchandise and that order
is cancelled, Company shall issue a credit to that
Customer’s payment method in the amount of the subject
charge.
USE OF THE MERCHANDISE IS SOLELY AT YOUR OWN
RISK. Company disclaims any and all liability for any loss,
damage or injury arising from or related to any Merchandise.
You understand and agree that Company is not responsible
or liable in any manner whatsoever for: (A) your use of, or
inability to use and/or qualify for, any Merchandise; (B) for
any dispute between you and any Merchandise
manufacturer, distributor or other thirdparty provider of
Merchandise, as applicable; or (C) any modification,
suspension or discontinuation of any Merchandise.
(c) Returns Policy. The Company has a robust Returns or
Exchange Policy. Please see the details of that policy at
[hyperlink] for details. You may contact customer service at :
540.227.4946
Or
Viral Lids LLC
51 East Side Highway
Waynesboro VA 22980
(d) General Billing Provisions. Prices are quoted in U.S.
Dollars, and are payable in U.S. Dollars. The fees
associated with your purchases will appear on your
Payment Method statement through the identifier, Viral Lids
LLC. Failure to use the Merchandise does not constitute a
basis for refusing to pay any of the associated charges.
Subject to the conditions set forth herein, you agree to be
bound by the Billing Provisions of Company in effect at any
given time. Upon reasonable prior written notice to you (with
e-mail sufficing), Company reserves the right to change its
Billing Provisions whenever necessary, in its sole discretion.
Continued use of the Site and/or purchase of Merchandise
after receipt of such notice shall constitute consent to any
and all such changes; provided, however, that any
amendment or modification to the Billing Provisions shall not
apply to any charges incurred prior to the applicable
amendment or modification. You authorization for Company
to bill for Merchandise is obtained by way of your electronic
signature or, where applicable, via physical signature and/or
voice affirmation. Once an electronic signature is submitted,
this electronic order constitutes an electronic letter of
agency. Company’s legal right to rely upon your electronic
signature was specifically sanctioned and written into law
when the Uniform Electronic Transactions Act and the
Electronic Signatures in Global and National Transactions
Act were enacted in 1999 and 2000, respectively. Both laws
specifically preempt all state laws that recognize only paper
and handwritten signatures.
(e) Inventory/Backorders. The Site contains Merchandise
inventory information. This information can be used to
estimate the likelihood that the applicable Merchandise will
be shipped immediately after you place your order.
Unfortunately, we cannot guarantee that Merchandise listed
as “in stock” will actually ship right away, as inventory can
change significantly from day to day, and hour to hour. In
rare cases, Merchandise may be in stock when you place
your order and sold out by the time that your order is
processed. Should this happen, we will notify you via email.
Backordered merchandise includes Merchandise that is not
currently in stock. In most cases, this Merchandise is on
order from the applicable Merchandise Provider(s). In some
cases, we are researching or waiting for stock from one or
more of our suppliers. Company will make every effort to get
Merchandise back in stock as soon as possible. If we are
unable to locate and ship Merchandise to you in a
reasonable period of time, an order status email will be sent
to you. If for any reason we determine that backordered
Merchandise is no longer available, we will cancel the
Merchandise from your order, notify you immediately via
email and delete the item from the Site’s Merchandise
offerings.
b. The Site contains Content which includes, but is not
limited to, text, video and other information pertaining to
disaster-preparedness and survivalrelated products and/or
services, as well as regularly updated Third Party Links. The
Content is offered for informational purposes only and is at
all times subject to the disclaimers contained herein, and on
the Site.
RELIANCE ON ANY INFORMATION MADE AVAILABLE TO
YOU BY AND
THROUGH THE CONTENT IS SOLELY AT YOUR OWN
RISK. Company and its third-party Content providers
disclaim any and all liability for any loss, damage or injury
arising from or related to any Content.
9. Promotions. From time to time, Viral Lids LLC may make
certain Promotions available to Users. By providing true and
accurate information in connection with the applicable
Promotion entry form(s), responding to all Promotions-
related communications from Viral Lids LLC and consenting
to the Contest Rules applicable to each Promotion, you can
obtain, or attempt to obtain, entries for the chance to win
prizes in the applicable Promotion(s). You understand and
agree that Viral Lids LLC shall not be liable to any end-user
or to any third-party for any claim in connection with your
participation in any of the Promotions.
10. Newsletter. The Site provides users with the ability to
register for the Viral Lids LLC e-mail Newsletter. In
connection with the Newsletter, Viral Lids LLC shall send
registered Users e-mail Content that Viral Lids LLC believes
will be of interest to its Users. Users can opt-out of receiving
the Newsletter by following the instructions set forth in the e-
mail messages comprising the Newsletter and/or by utilizing
the options set forth in the Privacy Policy.
11. Social Media Pages. The Site contains links to the
various Company Social Media Pages. The Social Media
Pages are hosted and made available on third-party Social
Media Websites by third-party entities. Your use of Social
Media Pages and Social Media Websites shall be governed
by those Social Media Websites’ applicable agreements,
and terms and conditions. You understand and agree that
Company shall not be liable to you, any other User or any
third-party for any claim in connection with your use of, or
inability to use, the Social Media Pages and/or Social Media
Websites.
12. Interactive Services.
(a) User Content. In connection with the Interactive
Services, Users may be able to upload and/or post certain
content, material, communications, feedback and/or other
information (collectively, the “User Content”). By making the
User Content available by and through the Site Offerings,
User agrees to grant to Company a perpetual, irrevocable,
worldwide license to make same available by and through
the Site Offerings. Without limiting the foregoing, User
acknowledges and agrees that Company shall be free to
utilize certain features and aspects of the User Content in
connection with marketing and promoting the Site Offerings
to third parties. Each User represents and warrants by
her/his submission that she/he owns and/or has any and all
rights to publish, display, perform and permit the use of, and
grant the license associated with, the User Content as
contemplated by the Agreement. Without limiting the
foregoing, Company may reject and/or remove any User
Content at any time and for any reason, in Company’s sole
discretion. Notwithstanding the foregoing, Company
undertakes no responsibility to monitor or otherwise police
the User Content made available by and through the Site
Offerings. Each User and third party agrees that Company
shall: (i) have no obligations and incur no liabilities to any
party in connection with any such User Content; and (ii) the
Company shall not be liable to any party for any claim in
connection with the User Content.
(b) User Content Restrictions. In connection with the User
Content, each User agrees not to: (i) display any telephone
numbers, street addresses, last names, URLs, e-mail
addresses or any confidential information of any third party;
(ii) display any audio files, text, photographs, videos or other
images that may be deemed indecent or obscene in the
applicable User’s community, as defined under applicable
law; (iii) impersonate any person or entity; (iv) “stalk” or
otherwise harass any person; (v) engage in advertising to,
or commercial solicitation of, Users or other third parties; (vi)
transmit any chain letters, spam or junk e-mail to any Users
or other third parties; (vii) express or imply that any
statements it makes are endorsed by Company; (viii)
harvest or collect personal information of Users or other
third parties whether or not for commercial purposes,
without their express consent; (ix) use any robot, spider, site
search/retrieval application, or other manual or automatic
device or process to retrieve, index, “data mine,” or in any
way reproduce or circumvent the navigational structure or
presentation of the Site Offerings or related content; (x)
post, distribute or reproduce in any way any copyrighted
material, trademarks or other proprietary information without
obtaining the prior consent of the owner of such proprietary
rights; (xi) remove any copyright, trademark or other
proprietary rights notices contained within the Site Offerings;
(xii) interfere with or disrupt any of the Site Offerings and/or
the servers or networks connected to same; (xiii) post, offer
for download, e-mail or otherwise transmit any material that
contains software viruses or any other computer code, files
or programs designed to interrupt, destroy or limit the
functionality of any computer software or hardware or
telecommunications equipment; (xiv) post, offer for
download, transmit, promote or otherwise make available
any software, product or service that is illegal or that violates
the rights of a third party including, but not limited to,
spyware, adware, programs designed to send unsolicited
advertisements (i.e. “spamware”), services that send
unsolicited advertisements, programs designed to initiate
“denial of service” attacks, mail bomb programs and
programs designed to gain unauthorized access to networks
on the Internet; (xv) “frame” or “mirror” any part of the Site;
(xvi) use metatags or code or other devices containing any
reference to the Site Offerings in order to direct any person
to any other website for any purpose; (xvii) modify, adapt,
sublicense, translate, sell, reverse engineer, decipher,
decompile or otherwise disassemble any portion of the Site
Offerings or any software used on or in connection with
same; and/or (xviii) attempt to use the Site or any of its
Offerings to commit fraud against the Company, its
principals or agents, its partners, producers or advertisers,
or any other User. Engaging in any of the aforementioned
prohibited practices shall be deemed a breach of the
Agreement and may result in the immediate termination of
such User’s account and/or access to some or all of the Site
Offerings without notice, in the sole discretion of Company.
Company reserves the right to pursue any and all legal
remedies against Users that engage in the aforementioned
prohibited conduct, including making referrals to law
enforcement.
13. Representations and Warranties. Each User hereby
represents and warrants to Company as follows: (a) the
User agrees that the Agreement constitutes the legal, valid
and binding obligation of User which is fully enforceable
against such User in accordance with its terms; (b) User
understands and agrees that User has independently
evaluated the desirability of utilizing the Site Offerings and
that User represents that she/he has not relied on any
representation and/or warranty other than those set forth in
the Agreement; (c) User understands and agrees that
User’s User Content will not: (i) invade the right of privacy or
publicity of any third person; (ii) involve any libelous,
obscene, indecent or otherwise unlawful material; (iii) violate
any applicable laws, rules or regulations; (iv) infringe upon
the rights of any third-parties including, without limitation,
those of copyright, patent, trademark, trade secret or other
intellectual property right, false advertising, unfair
competition, defamation, invasion of rights of celebrity,
violation of any anti-discriminatory law or regulation, or any
other right of any person or entity; and (d) the User’s
conduct under this Agreement and the use of the Site
Offerings will not violate any applicable laws, rules or
regulations.
14. Indemnification. Each User agrees to indemnify,
defend and hold Company, its members, officers, directors,
employees, agents and attorneys, harmless from and
against any and all liabilities, claims, actions, suits,
proceedings, judgments, fines, damages, costs, losses
and/or expenses (including reasonable attorneys’ fees, court
costs and/or settlement costs) arising from and/or related to:
(a) that User’s breach of the Agreement and/or any
representation or warranty contained herein; (b) that User’s
provision or publication of User Content; and/or (c) that
User’s unauthorized and/or improper use of the Site
Offerings. The provisions of this Section 14 are for the
benefit of Company, its parents, subsidiaries and/or
affiliates, and each of their respective officers, directors,
members, employees, agents, shareholders, licensors,
suppliers and/or attorneys. Each of these individuals and
entities shall have the right to assert and enforce these
provisions directly against you on its own behalf.
15. License Grant. Each User is granted a non-exclusive,
non-transferable, revocable and limited license to access
and use the Site Offerings. Company may terminate this
license at any time for any reason. Unless otherwise
expressly authorized by Company, Users may only use
the Site, Site Offerings, Links, Contests, Promotions,
Newsletters, Offerings, Social Media Pages, Interactive
Services and related services and products for their
own personal, non-commercial use. Any use of the site
for commercial, non-consumer use shall violate these Terms
and Conditions and void any protections this agreement
otherwise provides to consumers purchasing for their own
personal, non-commercial use. No part of the Site Offerings
may be reproduced in any form or incorporated into any
information retrieval system, electronic or mechanical. No
User or other third party may use any automated means or
form of scraping or data extraction to access, query or
otherwise collect material from the Site Offerings except as
expressly permitted by Company. No User or other third
party may use, copy, emulate, clone, rent, lease, sell,
modify, decompile, disassemble, reverse engineer or
transfer the Site Offerings, or any portion thereof. No User
or other third party may create any “derivative works” by
altering any aspect of the Site Offerings. No User or other
third party may use the Site Offerings in conjunction with
any other third-party content. No User or other third party
may exploit any aspect of the Site Offerings for any
commercial purposes not expressly permitted by Company.
Each User further agrees to indemnify and hold Company
harmless for that User’s failure to comply with this Section
15. Company reserves to itself any rights not explicitly
granted in the Agreement.
16. Proprietary Rights. The Site Offerings, as well as the
organization, graphics, design, compilation, magnetic
translation, digital conversion, software, services and other
matters related to same, are protected under applicable
copyrights, trademarks and other proprietary (including, but
not limited to, intellectual property) rights. The copying,
redistribution or publication by any User or other third party
of any part of the Site Offerings is strictly prohibited. No
User or other third party acquires ownership rights in or to
any content, document, software, services or other materials
viewed by or through the Site Offerings. The posting of
information or material by and through the Site Offerings
does not constitute a waiver of any right in or to such
information and/or materials. All other trademarks appearing
on the Site and/or otherwise made available by and through
the Site Offerings are the property of their respective
owners. The use of any trademark without the applicable
trademark owner’s express written consent is strictly
prohibited.
17. Legal Warning. Any attempt by any individual to
damage, destroy, tamper with, vandalize and/or otherwise
interfere with the operation of the Site Offerings is a violation
of criminal and civil law and Company will diligently pursue
any and all remedies against any offending individual or
entity to the fullest extent permissible by law and in equity.
18. Disclaimer of Warranties. THE SITE OFFERINGS
AND ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED BY AND/OR
THROUGH SAME ARE PROVIDED TO USERS ON AN
“AS IS” AND “AS AVAILABLE” BASIS AND ALL
WARRANTIES, EXPRESS AND IMPLIED, ARE
DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE LAW (INCLUDING, BUT
NOT LIMITED TO, THE DISCLAIMER OF
ANY WARRANTIES OF MERCHANTABILITY, NON-
INFRINGEMENT OF INTELLECTUAL PROPERTY
AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN
PARTICULAR, BUT NOT AS A LIMITATION
THEREOF, COMPANY MAKES NO WARRANTY THAT
THE SITE OFFERINGS AND/OR ANY OTHER PRODUCTS
AND/OR SERVICES OFFERED BY AND/OR THROUGH
SAME: (A) WILL MEET ANY USER’S REQUIREMENTS;
(B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR
ERROR-FREE OR THAT DEFECTS WILL BE
CORRECTED; (C) WILL BE FREE OF
HARMFUL COMPONENTS; (D) WILL BE SAFE AND/OR
IN COMPLIANCE WITH LAWS APPLICABLE IN YOUR
JURISDICTION; AND/OR (E) WILL BE ACCURATE OR
RELIABLE. THE SITE OFFERINGS AND/OR ANY OTHER
PRODUCTS AND/OR SERVICES OFFERED BY AND/OR
THROUGH SAME MAY CONTAIN BUGS, ERRORS,
PROBLEMS OR OTHER LIMITATIONS. COMPANY WILL
NOT BE LIABLE FOR THE AVAILABILITY OF
THE UNDERLYING INTERNET CONNECTION
ASSOCIATED WITH THE SITE OFFERINGS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY ANY USER FROM COMPANY OR
OTHERWISE THROUGH OR FROM THE SITE
OFFERINGS SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE AGREEMENT.
19. Limitation of Liability. EACH USER EXPRESSLY
UNDERSTANDS AND AGREES THAT COMPANY SHALL
NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY
FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY
DAMAGES INCLUDING, BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), TO THE FULLEST EXTENT
PERMISSIBLE BY LAW RESULTING FROM: (A) THE USE
OR INABILITY TO USE THE SITE OFFERINGS AND/OR
ANY OTHER PRODUCTS AND/OR SERVICES OFFERED
BY AND/OR THROUGH SAME; (B) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS
AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION, CONTENT AND/OR ANY OTHER
PRODUCTS OR SERVICES PURCHASED OR OBTAINED
FROM OR THROUGH THE SITE OFFERINGS; (C)
ANY DISPUTE BETWEEN ANY USERS, ENTITIES
AND/OR OTHER THIRD PARTIES; (D) THE
UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
USER DATA; (E) ANY LOSS, DAMAGE OR INJURY
ARISING FROM OR RELATED TO THE USE OF ANY
DISASTER-PREPAREDNESS AND/OR SURVIVAL-
RELATED PRODUCTS AND/OR SERVICES FEATURED
BY AND THROUGH THE SITE OFFERINGS; AND (F) ANY
OTHER MATTER RELATING TO THE SITE OFFERINGS
AND/OR ANY OTHER PRODUCTS AND/OR SERVICES
OFFERED BY AND/OR THROUGH SAME.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION,
IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO,
BREACH OF CONTRACT, BREACH OF WARRANTY,
NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATION AND ANY AND ALL OTHER
TORTS. EACH USER HEREBY RELEASES COMPANY
FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND
CLAIMS ASSOCIATED WITH THE SITE OFFERINGS IN
EXCESS OF THE LIMITATIONS STATED HEREIN. IF
APPLICABLE LAW DOES NOT PERMIT SUCH
LIMITATIONS, THE MAXIMUM LIABILITY OF COMPANY
TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES
ASSOCIATED WITH THE SITE OFFERINGS WILL BE
FIVE HUNDRED DOLLARS ($500.00). NO ACTION,
REGARDLESS OF FORM, ARISING OUT OF OR
RELATED TO THE SITE OFFERINGS AND/OR ANY
OTHER PRODUCTS AND/OR SERVICES OFFERED BY
AND/OR THROUGH SAME, MAY BE BROUGHT BY ANY
USER OR COMPANY MORE THAN ONE (1) YEAR
FOLLOWING THE EVENT WHICH GAVE RISE TO THE
CAUSE OF ACTION. THE WAIVER BY CONSUMER OF
DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL
ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN
EACH USER AND COMPANY. ACCESS TO THE SITE
OFFERINGS WOULD NOT BE PROVIDED TO USERS
WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS
DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY
AND IN SUCH JURISDICTIONS THE LIABILITY OF
COMPANY SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
20. SMS/MMS MOBILE MESSAGE MARKETING
PROGRAM (INCLUDING CART REMINDERS) TERMS
AND CONDITIONS
Viral Lids LLC may offer SMS/MMS Mobile Message
Marketing under the following Terms and Conditions. (a)
When you opt-in to the service, we will send you an SMS
message to confirm your signup. (b) Our messaging service
will be used to provide you with marketing communications
(including company updates, events, sales, shopping cart
reminders, etc.) (c) You can cancel the SMS service at any
time. Just text "STOP" to the short code. After you send the
SMS message "STOP" to us, we will send you an SMS
message to confirm that you have been unsubscribed.
Thereafter, you will no longer receive SMS messages from
us. If you want to join again, you may reenroll just as you did
originally, and we will start sending SMS messages to you
again. (d) If at any time you forget what keywords are
supported, just text "HELP" to the short code. After you
send the SMS message "HELP" to us, we will respond with
instructions on how to use our service as well as how to
unsubscribe. (e) We are able to deliver messages to the
following mobile phone carriers: Major carriers: AT&T,
Verizon Wireless, Sprint, TMobile, MetroPCS, U.S. Cellular,
Alltel, Boost Mobile, Nextel, and Virgin
Mobile. Minor carriers: Alaska Communications Systems
(ACS), Appalachian Wireless (EKN), Bluegrass Cellular,
Cellular One of East Central IL (ECIT), Cellular One of
Northeast Pennsylvania, Cincinnati Bell Wireless,
Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element
Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI,
Golden State, Hawkeye (Chat Mobility), Hawkeye (NW
Missouri), Illinois Valley Cellular, Inland Cellular, iWireless
(Iowa Wireless), Keystone Wireless (Immix Wireless/PC
Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech
Wireless, NTelos, Panhandle Communications, Pioneer,
Plateau (Texas RSA 3 Ltd), Revol, RINA, Symmetry (TMP
Corporation), Thumb Cellular, Union Wireless, United
Wireless, Viaero Wireless, West Central (WCC or 5 Star
Wireless) among others. (f) Message and data rates may be
charged to you for any messages sent to you from us and to
us from you. Frequency of messages may vary. If you have
any questions about your text plan or data plan, it is best to
contact your wireless provider. (g) Viral Lids LLC may offer
Promotional Messages on shortcode [46153]. These may be
recurring messages. Message and data rates may apply.
Should you with to stop, reply STOP to stop. Should you
need help, reply HELP for information or email us at
support@virallids.com. Carriers are not liable for delayed or
undelivered messages.
21. Third Party Websites. The Site Offerings contain links
to other websites on the Internet that are owned and
operated by third parties including, without limitation, the
Third-Party Links and Social Media Websites. Company
does not control the information, products or services made
available on, by or through these third-party websites. The
inclusion of any link does not imply endorsement by
Company of the applicable website or any association with
the website’s operators. Because Company has no control
over such websites and/or resources, each User agrees that
Company is not responsible or liable for the availability or
the operation of such external websites, for any material
located on or available from or through any such websites or
for the protection of any User’s data privacy by third parties.
Each User further agrees that Company shall not be
responsible or liable, directly or indirectly, for any loss or
damage caused by the use of or reliance on any such
material available on, by or through any such site.
22. Editing, Deleting and Modification of Provisions in
the Terms of Service. Company reserves the right in its
sole discretion to edit and/or delete any text, images,
documents, information or Content appearing on the Site.
23. Use of User Information. All material submitted by
Users through or in association with the Site Offerings
including, without limitation, the User Data, shall be subject
to the Privacy Policy. For a copy of the Privacy Policy,
please Click Here.
24. Dispute Resolution; Venue: The Agreement shall be
treated as though it were executed and performed in Luray,
Virginia and shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia
(without regard to conflict of law principles). Should a
dispute arise concerning the Site Offerings, the terms and
conditions of the Agreement or the breach of same by any
party hereto: (a) the parties agree to submit their dispute to
mandatory binding arbitration before the American
Arbitration Association in the AAA venue closest to Luray,
Virginia, in accordance with the then current Commercial
Arbitration rules of the American Arbitration Association; and
(b) you agree to first commence a formal dispute proceeding
by completing and submitting an Initial Dispute Notice which
can be found Here. We may choose to provide you with a
final written settlement offer after receiving your Initial
Dispute Notice (“Final Settlement Offer”). If we provide you
with a Final Settlement Offer and you do not accept it, or we
cannot otherwise satisfactorily resolve your dispute and you
wish to proceed, you must submit your dispute for resolution
by arbitration before a reputable arbitration organization as
mutually agreed upon by the parties, in your county of
residence, by filing a separate Demand for Arbitration, which
is available Here. For claims of Ten Thousand Dollars
($10,000.00) or less, you can choose whether the arbitration
proceeds in person, by telephone or based only on
submissions. If the arbitrator awards you relief that is
greater than our Final Settlement Offer, then we will pay all
filing, administration and arbitrator fees associated with the
arbitration and, if you retained an attorney to represent you
in connection with the arbitration, we will reimburse any
reasonable attorneys’ fees that your attorney accrued for
investigating, preparing and pursuing the claim in arbitration.
Any award rendered shall be final and conclusive to the
parties and a judgment thereon may be entered in any court
of competent jurisdiction. Nothing contained herein shall be
construed to preclude any party from seeking injunctive
relief in order to protect its rights pending an outcome in
arbitration. We may have a right to an award of attorneys’
fees and expenses if we prevail in arbitration, particularly if
the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not
bring, join or participate in any class action lawsuit as to any
claim, dispute or controversy that you may have against
Company and/or its employees, officers, directors,
members, representatives and/or assigns. You agree to the
entry of injunctive relief to stop such a lawsuit or to remove
you as a participant in the suit. You agree to pay the
attorney’s fees and court costs that Company incurs in
seeking such relief. This provision preventing you from
bringing, joining or participating in class action lawsuits: (A)
does not constitute a waiver of any of your rights or
remedies to pursue a claim individually and not as a class
action in binding arbitration as provided above; and (B) is an
independent agreement.
25. MISCELLANEOUS PROVISIONS:
A. To the extent that anything in or associated with the Site
Offerings is in conflict or inconsistent with the Agreement,
the Agreement shall take precedence. Notwithstanding the
foregoing, to the extent that there is any inconsistency
between these Terms of Service and any Contest Rules, the
Contest Rules shall govern to issues relating to an
applicable Promotion is concerned,
B. Company’s failure to enforce any provision of the
Agreement shall not be deemed a waiver of such provision
nor of the right to enforce such provision. The parties do not
intend that any agency or partnership relationship be
created through operation of the Agreement. Should any
part of the 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.
C. Company may assign its rights and obligations under the
Agreement, in whole or in part, to any party at any time
without notice to you. The Agreement may not, however, be
assigned by you, and you may not delegate your duties
under it.
D. Headings are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of
such section.
E. Please be advised that Company does not itself provide
disasterpreparedness and/or survival-related products
and/or services, and the ultimate terms and conditions of
any disaster-preparedness and/or survivalrelated Content,
products and/or services featured by and/or through the Site
Offerings including, without limitation, the Merchandise, will
be determined solely by the applicable third-party
manufacturer and/or distributor of same. RELIANCE ON
ANY INFORMATION MADE AVAILABLE TO YOU BY AND
THROUGH THE SITE OFFERINGS INCLUDING,
WITHOUT LIMITATION, THE CONTENT, IS SOLELY AT
YOUR OWN RISK.
F. Company and its third-party Content providers disclaim
any and all liability for any loss, damage or injury arising
from or related to the use of any disaster-preparedness
and/or survival-related Merchandise, products and/or
services featured by and/or through the Site Offerings, as
well as any Content or other information directly or indirectly
obtained through the Site Offerings.
G. Google+®, Google Pay® and YouTube® are registered
trademarks of Google, Inc. (“Google”). Instagram® and
Facebook® are registered trademarks of Facebook, Inc.
(“Facebook”). LinkedIn® is a registered trademark of
LinkedIn Corporation (“LinkedIn”). Pinterest® is a registered
trademark of Pinterest, Inc. (“Pinterest”). Snapchat® is a
registered trademark of Snap Inc. (“Snapchat”). Twitter® is
a registered trademark of Twitter, Inc. (“Twitter”). Please be
advised that Company is not in any way affiliated with
Facebook, Google, LinkedIn, Pinterest, Snapchat or Twitter,
nor are the Site Offerings endorsed, administered or
sponsored by any of the foregoing entities.
26. Contact Us. If you have any questions about the
Agreement, Site Offerings or the practices of Company, you
may email us as at:
support@virallids.com; call us at: 540-227-4946; or send us
mail to:
Viral Lids LLC
51 East Side Highway
Waynesboro VA 22980