Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.  All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law.  If you do not agree to these terms and conditions, please do not use this site.

Intellectual Property

All text, graphics, button icons, images, video and or audio clips, and software (collectively, "Content"), belong exclusively to Archipelago LLC, or its affiliates.  The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to Archipelago LLC or its affiliates.  The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Archipelago LLC and other logos, slogans or trade names are registered trademarks, trademarks or service marks of Archipelago LLC, its affiliates, suppliers, or third parties.  The use of any of our trademarks or service marks without our express written consent is strictly prohibited.  You may not use our trademarks or service marks in any manner.  You may not use any of our trademarks or service marks in meta tags without prior explicit consent.

Warranty Disclaimer

This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied.  To the fullest extent permissible pursuant to applicable law, Archipelago LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.  Archipelago LLC does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects (if any) will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components.  Archipelago LLC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you. 

Limitation of Liability

Archipelago LLC shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Archipelago LLC has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply in those areas.

Typographical Errors

In the event that a Archipelago LLC product is mistakenly listed at an incorrect price, Archipelago LLC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  Archipelago LLC reserves the right to refuse or cancel any such orders whether or not your credit card has been charged or you order confirmed.  If your credit card has already been charged for the purchase and your order is cancelled, Archipelago LLC shall issue a full credit to your credit card in the amount of the charge.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process.  These terms and conditions, or any part of them, may be terminated by Archipelago LLC without notice at any time, for any reason.  The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Archipelago LLC may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to us.

Miscellaneous

Your use of this site shall be governed in all respects by the laws of the state of Nevada, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Archipelago LLC products) shall be in the state or federal courts located in Clark County, Nevada, U.S.A.  Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Archipelago LLC products) must be commenced within 6 months after the claim or cause of action arises.  Archipelago LLC's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Archipelago LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Archipelago LLC  employee, host, or representative, as well as other members or visitors on the site is prohibited.  You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law.  You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization or to promote any other product(s) or service.

Correspondence / Disclaimer

Any comments, reviews, suggestions, feedback, ideas, or submissions ("Comments") sent to the Company shall become and remain our exclusive property.  Your submission of such material shall constitute an assignment to us of all worldwide right, title, and interest in and to the materials including all copyright and other intellectual property rights and a waiver of any claim based on unfair competition, breach of implied contract, breach of confidentiality, moral rights and any other legal theory relating to submissions.  We may use, publish, modify, copy, disclose, and distribute any Comments you send to us for any purpose whatsoever without compensating you in any way.  It is reccomended that  you do not send to us any confidential materials or information or anything that you do not wish to unconditionally assign to us.  We are and will be under no obligation: (i) to maintain any Comments in confidence; (ii) to pay to you or any third party any compensation for any Comments; or (iii) to respond to any Comments.  You are and shall remain solely responsible for the content of any Comments you make.  You will take all further acts as we may request of you to effect the intent of this paragraph.

Participation Disclaimer

Archipelago LLC does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials.  You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Archipelago LLC is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site.  However, Archipelago LLC reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Archipelago in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Archipelago LLC, its officers, directors, employees, agents, licensors, assigns and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Archipelago may from time to time link to sites that are operated by third parties. However, even if the third party is affiliated with Archipelago LLC, Archipelago LLC has no control over these linked sites, all of which have separate data collection and pricacy practices independent of Archipelago LLC.  These linked sites are only for your convenience and therefore you access them at your own risk.