Last Updated: 11/16/2021
If you register an account on the Website (an “Account”), you:
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order, or a confirmation of an offer to sell. We reserve the right, without prior notification to you, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Website are subject to change without notice. Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders may constitute improper use of the Website. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Your Account may also be restricted or terminated for any reason, at our sole discretion. Items purchased pursuant to a quantity discount may be re-priced upon cancellation.
With respect to items advertised on the Website, we cannot confirm the price of an item until you place your order. Some items on the Website may be mispriced, despite efforts for accuracy. If the correct price of an item is higher than the displayed price, we, as our discretion, may either contact you for instructions before shipping, or cancel your order (without charge to you) and notify you of such cancellation. If an item’s correct price is lower than the displayed price, we may refund you the difference to reflect the lower amount and ship you the item.
We attempt to be as accurate as possible. We do not warrant that product descriptions, product images, prices, availability, specifications, or other content of any Website or product listing is accurate, complete, reliable, current, or error-free. Certain weights, measures, and related descriptions are approximate and are provided for convenience purposes only.
We attempt to display as accurately as possible the colors of products that appear on the Website. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
You may be asked to supply certain information relevant to a transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. Any payment information entered on the Website information is sent to our third-party payment processor and not to us. By placing an order on the Website, you hereby authorize and agree that your payment information will be sent to the payment processor and not to us and may be subject to additional terms of the payment processor.
We accept U.S. based cards, including credit, debit and gift cards and payment methods managed by one of the following: Visa, Mastercard, American Express, Discover, JCB, Diners Club International, Elo, Shop Pay, Apple Pay, Google Pay, Facebook Pay, PayPal, and Amazon Pay.
YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION CONDUCTED ON THE WEBSITE, WHETHER PAYING IN YOUR INDIVIDUAL CAPACITY OR ON BEHALF OF A LEGAL ENTITY.
Risk of Loss
All purchases of items on the Website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier or shipper of such items. We are not responsible for lost or stolen packages.
Shipping; Cancellations; Return Policy
Shipping. At this time, we will only ship products ordered on the Website to United States postal addresses in the lower 48 contiguous United States only. At this time, we do not ship products to Alaska, Hawaii, Puerto Rico, Guam, or military bases or anywhere else outside the lower 48 contiguous United States. When completing an order, you are responsible for entering an accurate address for delivery. Once an order has shipped, we are not responsible for lost or stolen packages confirmed to be delivered to the address as entered for the order. Please contact the carrier for any information regarding the delivery.
Cancellations. If you make a purchase through the Website, then once an order has shipped, we cannot accept returns or exchanges. You may cancel an order before we have packed or staged the order for shipping. If you make a purchase through a retailer, then please contact the store you purchased from for a return or exchange. We are unable to provide a return or exchange for a purchase made through a retailer.
Damaged or Defective Products. If you make a purchase through the Website and you believe you have received damaged or defective products, then please contact us at firstname.lastname@example.org. Please retain all packaging and products you have received; you may be asked for more information to process your request.
Intellectual Property Rights
The Website contains valuable trademarks and service marks owned and used by us and our affiliate companies (collectively, “Our Marks”). Any use of Our Marks for any commercial purpose without our express prior written permission is strictly prohibited. The arrangement and layout of the Website, including but not limited to, Our Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files, product descriptions, and other content or material (collectively, the “Website Content”), are the sole and exclusive property of us or our licensors, or other suppliers. You agree not to use the Website Content in any manner that is likely to cause confusion among customers, that disparages or discredits us and/or our licensors or other suppliers, that dilutes the strength of our or our licensors’ or other suppliers’ property, or that otherwise infringes or misappropriates our or our licensors’ or other suppliers’ intellectual property rights. UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE WEBSITE FOR COMMERCIAL USES IS STRICTLY PROHIBITED.
We may use a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and/or content advertised on the Website. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us, but which appear on the Website, are the property of their respective owners.
From time to time, the Website may permit the submission of content, such as comments, reviews, or other content generated by you and other users (“User Content”). We are under no obligation (1) to maintain any User Content in confidence; (2) to pay any compensation for any User Content (unless advertised to be a paid content); or (3) to review, moderate, or respond to any User Content.
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Website is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant that: (i) your User Content does not violate, infringe, or misappropriate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you own or have the legal right to use and authorize us to use, copy, or reproduce your User Content as set forth in the paragraph below, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content and (iii) your User Content does not violate our Acceptable Use Policy set forth below.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein. Please note that Website visitors may post content that is inaccurate, misleading, or deceptive. We neither endorse nor are responsible for any opinion, advice, information, or statements made by third parties. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of The Uncovery. We reserve the right but is not obligated to monitor User Content or other content sent to or through the Website. We have the right (but not the obligation) to refuse, remove, edit or delete any User Content and/or to terminate any user's access to the Website for any reason – at our sole discretion. We take no responsibility for User Content.
Acceptable Use Policy
Links to Other Websites
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the Website. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage or other service changes made by your mobile service provider or otherwise.
Notice to California Residents
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. Please call us prior to ordering if you have any questions regarding the safety of these products.
Pursuant to California Civil Code Section 1789.3, we provide users of the Website with the following notice: You may report complaints to the Consumer Information Division of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at 800-952-5210.
Communications with Us
For all communications made to or with us, including but not limited to feedback, questions, comments, suggestions and the like, except as otherwise set forth under applicable law: (i) you will have no right to confidentiality in your communications, and we will have no obligation to protect your communications from disclosure; (ii) we will be free to reproduce, use, disclose and distribute your communications to others without limitation; and (iii) we will be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information.
Legal Notices & Electronic Communications
Except as explicitly stated otherwise, any notices you send to us shall be sent to:
700 Sylvan Avenue
Englewood Cliffs, NJ 07632
In the case of notices we send to you, you consent to receive notices and other communications by our: (i) posting notices on the Website, (ii) sending you an email at the email address listed in your profile in your Account, or (iii) mailing a notice to you at your billing address listed in your profile in your Account. You agree that all agreements, notices, disclosures, and other communications that we provide to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing.
Disclaimer of Warranties
ALL GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR AS TO THE GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE THROUGH THE WEBSITE, UNLESS SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE, GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE, OR COMMUNICATIONS SENT FROM US, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation on Liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, IN NO EVENT WILL WE OR OUR PARENTS OR AFFILIATES, NOR THEIR RESPECTIVE OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, AFFILIATES OR THIRD PARTIES BE LIABLE TO ANY USER OF THE WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE OR ANY GOODS, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES CONTAINED THEREIN ON THE WEBSITE, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF OUR NEGLIGENT OR RECKLESS ACTS.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the amount of actual damages in dispute, not to exceed the total amount which you paid to us in the twelve (12) months prior to the action giving rise to the liability, or (b) USD $100.
Legal Disputes, Binding Arbitration
In resolving a claim for arbitration, the arbitrator shall apply New York State law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class, representative, or collective basis, or as a private attorney general on behalf of other persons similarly situated, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate the dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. Disputes regarding the arbitrability of any claim shall be resolved by the arbitrator.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS SECTION SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU MAY NOT BRING ANY CLAIM AS A PRIVATE ATTORNEY GENERAL ON BEHALF OF OTHER SIMILARLY SITUATED PERSONS. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. Without in any way limiting the foregoing, you and us agree that any individual arbitration commenced by you or by us may be consolidated with any other individual arbitration(s) pending before JAMS in accordance with JAMS Comprehensive Rule 6(e), provided that either party makes such request.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL. DO NOT USE THE WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.
Not Intended for Users Under 18
This is a commercial website intended to allow the sale and purchase of commercial products and goods. YOU MUST BE AT LEAST AGE 18 TO USE THE WEBSITE. By using the Website, you affirm that you are over age 18. If you are under age 18, you may not access or use the Website.
Force Majeure and Outages
United States Only
The Website is intended only for users in the United States of America. By using the Website, you agree and acknowledge that the Website may be operated by us from our offices in the United States or other countries, and that data collected through the Website will be stored and processed in the United States and such other countries (if applicable), and you consent to such transfer. If you access and use the Website outside the United States, please be advised that your use of the Website is governed by United States law, which may not afford the same level of protection as laws in your country. we make no representations or warranties that the Website or any materials contained in them are valid, appropriate or available for use outside of the United States. If you access and use the Website outside the United States, you do so at your own risk and are responsible for compliance with applicable local laws, and you understand that products cannot be shipped outside of the United States.
We reserve the right to limit the availability of the Website and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion.
Any software on the Website is subject to United States export controls and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or which is subject to other applicable U.S. trade sanctions; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using any software from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
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