Copyright and Other Legal
Information
Copyrights
This website and all images, text and other intellectual property are under copyright protection by MyChanceUp.com. Portions of this web site are covered under the copyright protection of parties other than MyChanceUp.com; an example being product images and descriptions from product manufacturers. Please contact us if you would like to use any copyrighted material from this site in the operation of a business. Free use is granted of all material for either personal or educational use.
Trademarks
The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of MyChanceUp.com and others. Nothing on this Site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. MyChanceUp.com aggressively enforces its intellectual property rights to the fullest extent of the law. The name of MyChanceUp.com or the MyChanceUp.com logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission.
Terms and Conditions of Sale
When you place an order with MyChanceUp.com, we will acknowledge receipt of this order at time of ordering by email. This is all done electronically with no human involvement. We consider this order acknowledgement as your offer to purchase particular item(s) at a particular price. We do not consider this as a binding contract at this point. We will review your order and verify that we have sufficient stock and that we didn't make any huge mistakes in quoting the price to you, verify payment and possibly verify shipping costs. We will make every reasonable attempt (in our opinion) to satisfy your order in a timely manner and at the prices posted on our website. We want to satisfy every customer. In very rare circumstances, we have found that we need to reserve the right to fulfill orders. This can be because of our pricing errors or problems with receiving payment, to mention a few. Therefore we need to post this reservation policy for everyone to see as a protection for ourselves, to be used sparingly. Again, we want all of our customers to be satisfied and treated fairly.
After you place an order, MyChanceUp.com will determine whether or not to fill the order, and MyChanceUp.com may refuse or limit your order for any reason. By placing your order, you agree to accept all terms and conditions set forth anywhere on this site, including MyChanceUp.com's
TERMS AND CONDITIONS OF SALE.
MyChanceUp.com reserves the right to accept, refuse, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions posted on this web site. By placing your order, you agree that MyChanceUp.com's total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to MyChanceUp.com for the product giving rise to MyChanceUp.com's liability.
Governing Law/Legal
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE District of Columbia. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE FEDERAL OR STATE COURTS LOCATED IN THE District of Columbia FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by MyChanceUp.com is that shipper's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is the Customer's responsibility.
General Legal Disclaimer
"MyChanceUp.com" HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES
EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY
MyChanceUp.com IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Disclaimer of Site Warranty
THE MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, MyChanceUp.com DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. MyChanceUp.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MyChanceUp.com BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF MyChanceUp.com OR A MyChanceUp.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR THE EXCLUSION OF LIABILITY IN CERTAIN CIRCUMSTANCES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Third-Party Product Disclaimer
All products sold by MyChanceUp.com are third party products and are subject to the warranties and representations of the applicable manufacturers.
Pricing and Information Disclaimer
All pricing is subject to change over time. For all prices, products and offers, MyChanceUp.com reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. Requests for volume discounts are welcome!
While MyChanceUp.com uses reasonable efforts to include accurate and up-to-date information on the Site, MyChanceUp.com makes no warranties or representations as to the Site's accuracy. MyChanceUp.com assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
"MyChanceUp.com" WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. MyChanceUp.com WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, MyChanceUp.com IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
Orders; Payment Terms; Interest; Taxes
Orders are not binding upon MyChanceUp.com until accepted by MyChanceUp.com. Terms of payment are within MyChanceUp.com sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. MyChanceUp.com may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the rate of 1.5% per month. The Customer is responsible for sales and all other taxes associated with the order.
Terms of Use Revisions
MyChanceUp.com may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.
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