Terms & Conditions
The following are terms of a legal agreement between you and Consumer Depot. using, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States Copyright Law and international treaties. This Site is controlled and operated by Consumer Depot within the United States. Consumer Depot makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Tennessee.
- COPYRIGHTS AND TRADEMARKS. - The copyright in all material provided in connection is held by Consumer Depot or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Consumer Depot or the copyright owner. Permission is granted to display, copy, distribute and download the Consumer Depot materials for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without Consumer Depot's permission, "mirror" any material contained on its site on any other server. Any unauthorized use of any material contained on the Consumer Depot site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
- DISCLAIMER OF WARRANTIES. Consumer Depot MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, OR THE PERFORMANCE OR RESULTS OF USE THEREOF. Consumer Depot HEREBY DISCLAIMS, AND MAKES NO, IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- DISCLAIMER OF DAMAGES.Consumer Depot SHALL HAVE NO LIABILITY WITH RESPECT TO THE SERVICES OR OTHERWISE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE, EVEN IF Consumer Depot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. Consumer Depot' TOTAL LIABILITY TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION INCLUDING WITHOUT LIMITATION, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS, SHALL BE LIMITED TO A FULL REFUND OF ANY FEE PAID BY YOU FOR THE SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- SEVERABILITY. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement will remain in full force, and the invalid, illegal, or unenforceable provisions are hereby deemed amended to the minimum extent necessary to render them valid, legal, and enforceable, as determined by a court of competent jurisdiction.
- ENTIRE AGREEMENT. This Agreement constitutes the final agreement between the parties. It is the complete and exclusive expression of the parties' agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the parties on the matters contained in this Agreement are expressly merged into and superseded by this Agreement. The provisions of this Agreement cannot be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither party has relied upon any statement, representation, warranty or agreement of any other party except for those expressly contained in this Agreement.
- GOVERNING LAW, JURISDICTION AND VENUE. The laws of the State of Tennessee (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, performance, and enforcement. Except as set forth below concerning arbitration, any claims or actions regarding or arising out of this Agreement shall be brought exclusively in a court of competent jurisdiction sitting in Nashville, Tennessee, and each party to this Agreement submits to the nonexclusive jurisdiction of such courts for the purposes of all legal actions and proceedings arising out of or relating to this Agreement. Each party waives, to the fullest extent permitted by law, any objection that it may now or later have to (i) the laying of venue of any legal action or proceeding arising out of or relating to this Agreement brought in any state or federal court sitting in Nashville, Tennessee; and (ii) any claim that any action or proceeding brought in any such court has been brought in an inconvenient forum.
- DISPUTE RESOLUTION. Any controversy or claim arising out of or relating to this Agreement, or any breach thereof, must be settled by confidential binding arbitration in Nashville, Tennessee in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either party may, without inconsistency with this agreement to arbitrate, seek from a court any provisional remedy that may be necessary to protect trademarks, copyrights, or other rights or property pending the establishment of the arbitral tribunal or its determination of the merits of the controversy.
- RECOVERY OF LITIGATION COSTS. If any legal action or other proceeding is brought pursuant to or in connection with these terms or any transaction involving you and Consumer Depot, then, if Consumer Depot is the prevailing party, it is entitled to recover from you its reasonable attorneys' fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
- ERRORS ON OUR SITE. We try to be as accurate as possible. However, we do not warrant that product descriptions or other Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered in our stores. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, rarely an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.